I am interrupting my review of sentencing law to write about the “Commerce Clause” of the United States Constitution. Recently, I listened to an excellent podcast on the Commerce Clause. I encourage you to listen to is here. The commerce clause is the legal fiction used to grant the federal government virtual unfettered jurisdiction in […]
As a student, what rights do you have to contest the search and seizure of drugs or alcohol on campus? Whether you are in high school or college, you still have limited rights to privacy that can only be overcome in accordance with school policies or a search warrant if law enforcement is involved. The […]
You have been charged in Georgia with Vehicular Homicide or Serious Injury by Vehicle. There is no way to describe in detail everything that needs to be done in order to reach a successful outcome for a client charged with Vehicular Homicide or Serious Injury by Vehicle in Georgia. As with every type of Georgia […]
If you or a loved one has been charged with an Avondale Estates DUI, contact our firm to speak with experienced DUI attorneys on how to best defend your case. Experienced Avondale Estates lawyers in our firm are available any time, including nights and weekends, to provide you with the best possible outcome and advice. […]
Bond is a constant balancing act between protecting society from alleged wrongdoers and preventing excessive incarceration before having one’s guilt proven beyond a reasonable doubt. The main purpose of bond is to ensure that the accused returns to court. However, judges frequently include special conditions in a bond order. Sometimes, the defendant is ordered not […]
By: Mary Agramonte Under Georgia law, it is illegal to transmit false information to law enforcement, fire departments, and the public at large. For example, you can be charged with a crime in Georgia for calling 911 to report crimes, bombs, fires, or other serious situations that do not actually exist. In Georgia, these crimes […]
The court is authorized but not required to grant a bond in most cases. The court may deny bond or grant a very high bond for more serious offenses, especially with repeat offenders. When deciding whether to grant a bond as well as to what amount, the court considers the following: Does the person pose […]
by Mary Agramonte The Constitution gives us an absolute right to remain silent in response to police questioning. Our best advice is to use it. Your silence cannot be used against you and is not a crime. So proudly use it! Often times, people will instead make stories up to police officers in hopes of […]
by John Lovell If you’ve been charged with a federal crime in the state of Georgia, many federal crimes require a “mandatory minimum” sentence. Mandatory minimum sentences reflect a “one-size-fits-all” form of justice. It is the legislative and executive branches of the government imposing arbitrary sentences without information pertaining to the person convicted or the […]
Perhaps the biggest difference between defending a criminal case in federal court versus trial courts in Georgia is the sentencing guidelines. The federal sentencing guidelines manual is complex, it includes over 500 pages of rules and formulas. Often, to determine whether to go to trial, a person accused of a federal crime must be informed […]
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