By: Attorney Erin Dohnalek In Georgia, an individual may be charged with DUI under the following circumstances: If he/she was in actual physical control of a moving vehicle while he/she was under the influence of alcohol to the extent that it was less safe for them to drive. If he/she was in actual physical control […]
The Fulton County Solicitor General prosecutes crimes of reckless conduct. Under O.C.G.A. 16-5-60, reckless conduct is when you causes bodily harm to or endanger the bodily safety of another person by consciously disregarding a substantial and unjustifiable risk that his act or omission will cause harm or endanger the safety of the other person and […]
The war on drugs is alive and well in the Georgia criminal justice system. You may be surprised the amounts of each drug that Georgia law considers to be Drug Trafficking. While selling drugs of any kind is against the law and considered a felony, there is a threshold for each drug that will bump […]
By: Attorney Erin Dohnalek In Georgia, aggravated stalking is charged as a felony. It is set out in O.C.G.A. § 16-5-91. This statute states that an individual commits aggravated stalking when: He/she violates a “no contact” or “stay away” provision of their bond; He/she violates a temporary restraining order, temporary protective order, permanent protective order, […]
Enticing a child for indecent purposes is a serious crime in Clayton County. It is imperative that you retain a qualified attorney immediately if you are being accused of Enticing a child for an indecent act. Many allegations of enticing a child are false. Even if you know the allegation of enticing a child against […]
When a person is charged with a crime, the State will often try to present evidence of other bad acts performed by the defendant or evidence that is intended to inflame the passions of the jury. When wielded correctly, Rule 403 gives your defense attorney a weapon to fight back with. Rule 403 states […]
If you are a high school or college aged student with a traffic ticket pending in Alpharetta Municipal Court, it is important to note that young drivers have much different penalties in Georgia traffic court than adult drivers. There are several traffic citations in Georgia that can have harsh consequences to those convicted if under […]
Rape in Henry County is a serious crime in Georgia. O.C.G.A. § 16-6-1 defines rape as follows: A person commits the offense of rape when he has carnal knowledge of: A female forcibly and against her will or: A female who is less than ten years of age. Carnal knowledge in rape occurs when there […]
While it might be common sense that it is illegal for adults to possess or distribute child pornography, it is also illegal for teenagers. It is a misdemeanor if the teen charged is 18 or younger, the teen in the photo is at least 14, and the photo/video was taken with consent. However, if the […]
If you are arrested for marijuana in Cobb County, your case will be prosecuted in Cobb County Superior Court. The penalties you could possibly face if convicted depend on how much marijuana you have with you at the time of your arrest. Georgia regulates marijuana through the Georgia Controlled Substance Act and O.C.G.A. §16-13-1(a)(1) says […]
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