DUI Less Safe

by Casey Cleaver O.C.G.A. § 40-6-391 prohibits a person from driving or being in actual physical control of a moving vehicle when alcohol or a drug makes it “less safe” for that person to drive. The wording of the statute begs two major questions: (1) What does “less safe” mean? (2) How can the State […]

Forgery Laws in Georgia

by Ryan Walsh There are four degrees to the offense of Forgery in the State of Georgia. Forgery in the first and second degree involves the making, possession or alteration of a writing other than a check in a fake name or in a manner that alleges the document was made by another person at […]

Georgia’s First Offender Act

by Casey Cleaver What is it? Under Georgia Code § 42-8-60, the First Offender Act is a sentencing option which allows a person with no prior felony convictions to dispose of their criminal case without a conviction. The law can be paraphrased as follows: Where a defendant has not been previously convicted of a felony, […]

Privacy Rights- Carpenter vs. United States

by John Lovell Last month, the United States Supreme Court ruled in favor of the privacy rights of individuals. The Government, without a warrant or a showing of probable cause, issued an order to a cell phone company to provide Timothy Carpenter’s cell site data. The Government sought to gather the extensive records, including the […]

Search Warrants and Social Media in Georgia Criminal Cases

by Mary Agramonte Social media has become, for many of us, a central part of our lives. We use Facebook to share and view photos of friends and family, and even to catch up on daily news. We use Snapchat to send live photos or short clips and videos to those in our circle. Instagram […]