By: Mary Agramonte Georgia law has made it a felony for someone to give an inmate certain illicit items. These include guns, weapons, alcohol, drugs, tobacco and cellphones. If any of these items are given to an inmate without the warden’s permission, both the inmate and the person who gave it to the inmate, […]
Georgia law criminalizes the possession of tools for the commission of a crime. In fact, it is a felony offense. Not all tools in your possession will result in criminal charges. The law states it is unlawful to possession any tool, explosive, or device commonly used in burglary, theft, or another crime, with the intent […]
A felony conviction has serious consequences. It remains on your criminal record permanently, making jobs and housing extremely difficult to obtain. Aside from incarceration, probation, fines, counseling, and other conditions the sentencing judge may impose, a felony conviction also strips away certain constitutional rights. One of these rights is the right to possess a firearm. […]
More and more municipalities are beginning to charge their citizens with city ordinance violations instead of state law violations when they are arrested for breaking the law in Georgia. Especially in municipalities like Atlanta and Sandy Springs. These violations are similar to their state law counterparts, charges like Disorderly Conduct, Theft by Shoplifting, and Possession […]
Statutory Law O.C.G.A. § 16-5-90(a) provides that “[a] person commits the offense of stalking when he or she follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person.” “Contact,” has been broadly defined as, […]
A great deal of misdemeanor cases in Georgia, such as DUI, shoplifting, possession of marijuana, and minor traffic infractions begin in Municipal Court. This is because municipal courts exist separately from the State Court system. As an individual sovereignty, the various cities (or “municipalities”) across the state are free to adopt their own laws, called […]
Imagine you have just flown into Hartsfield Jackson International Airport. You get off the plane and proceed to your luggage carousel. After you grab your bag, you are approached by several men who identify themselves as law enforcement. They ask to search your luggage and you agree. A search reveals a large quantity of drugs […]
by Mary Agramonte As more states in the United States legalize recreational marijuana use, you may wonder if Georgia still treats marijuana convictions the same as they used to. As of January 1, 2020, recreational marijuana was legal for adults in 11 states, and medical marijuana was legal in 33 states. Yet, while some has […]
by Mary Agramonte Armed Robbery occurs when someone takes property from someone by use of a weapon, device, or a replica weapon. It is treated seriously under Georgia law in that it is a “capital felony.” A capital felony is a crime that is punishable by life or death in the State of Georgia. […]
There are many legal challenges and defenses available to defendants in a DUI case. One of these defenses is an “affirmative defense.” An affirmative defense is one in which the defendant argues that, even if the allegations of the indictment or accusation are true, there are circumstances that support a determination that he cannot or […]
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