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Self-Defense

Self-Defense Self-defense is the most common defense to any murder, aggravated assault, battery, family violence battery, assault, or any other crime involving an act of violence.   Most people feel comfortable with the idea of defending themselves from harm.  In fact, it’s a natural reaction to defend your body from imminent harm.  But many Georgia citizens […]

Failure To Maintain Lane

Failure to Maintain Lane A citation for failure to maintain lane is one of the most common citations we see every day.  Whether you are charged with DUI, a car accident, or even a drug case, failure to maintain lane is one of the primary traffic offenses an Officer will cite when writing a ticket.  […]

Lesser-Included Offenses

The Rule of Lenity and Lesser-Included Offenses Last time, we talked about the problem of being overcharged.  Now, what are some remedies?  How can you combat the issue of the prosecution over-reaching?  We are going to discuss two possible remedies… First, Georgia recognizes an unsung hero among principles of law: the Rule of Lenity.  The […]

Overcharged

The Prosecution Overcharged My Case!             I have seen the prosecution overcharge cases on multiple occasions.  The prosecutor’s office will, at times, define your alleged conduct as something much worse than it is.  A misdemeanor will be elevated to a felony, for example, or a felony will be charged as one carrying much more punishment […]

Hit and Run

Hit and Run Do you know your responsibilities when involved in a car accident in the State of Georgia?  Many people don’t.  Every day, Georgia drivers find themselves charged with one of the worst traffic offenses someone can have on their driving record, hit and run. Every person driving on Georgia roads has five distinct […]

Criminal Trespass

CRIMINAL TRESPASS In Georgia, there are several ways you can get charged with criminal trespass.  The law provides:  A person can be charged with criminal trespass if that person intentionally damages another’s property, without consent, and the cost of the damage is $500 or less. Criminal trespass can be the knowing and malicious interference with […]

SB-440

Being Charged as an Adult in Georgia Part 1: SB-440: Automatic Transfers to Superior Court  In 1994, Georgia enacted State Bill 440 (more commonly referred to as SB-440) to “provide that certain juvenile offenders who commit certain violent felonies shall be tried as adults in the superior court. This SB-440 law granted adult courts exclusive […]

Open Container

OPEN CONTAINER  Think about this scenario for a second.  You’re driving home with your significant other from a dinner party.  As you’re driving  you begin to discuss with your passenger how wonderful the evening was, especially the fantastic wine that you drank.  You’re thrilled that your dinner host graciously gave you the rest of that […]

Social Media: How it can impact your case.

Don’t let it happen to you: THINK ABOUT WHAT YOU POST BEFORE YOU POST IT More than ever, police officers and investigators are using social media sites like Facebook, Twitter and Instagram to collect evidence and solve crimes. This is because we, as social media users, have become accustomed to publicizing our private lives. Obviously, […]

What Is Arraignment?

WHAT IS ARRAIGNMENT? “What is arraignment?” That’s the first question every client asks us when they receive their first court date, and it’s a great one.   Most of our clients have either received a court date prior to meeting with us or they were told when they leave the jail that they will receive […]