O.C.G.A. § 40-6-391(k) prohibits a person under the age of 21 to have a BAC of, “0.02 grams or more at any time within three hours after” driving a vehicle, from alcohol consumed prior to driving. This 0.02 BAC limit is substantially lower than the 0.08 limit provided for those aged 21 and over. Underage […]
Will my domestic violence case get dismissed if the victim does not testify? Our Fulton and Cobb County offices in the Atlanta area get victims of domestic violence who appear with or for their partners every day asking us if the Defendant’s case will get dismissed if they tell the prosecutor they do not want […]
Under § OCGA 16-8-7, a person commits the offense of theft by receiving stolen property when he receives, disposes of, or retains stolen property which he knows or should know was stolen.” If the item in question is less than $1,500, it is a misdemeanor, meaning the maximum punishment that someone can receive is […]
A successful criminal defense attorney is one who explores and exhausts every possible avenue of defense to the benefit of their clients. If the best course of action is taking the case to trial, the successful attorney will be prepared to try the case. However, statistical evidence shows an overwhelming majority (90%-95%) of all criminal […]
00Ryan Walshhttps://www.peachstatelawyer.com/wp-content/uploads/2020/08/w-scott-smith-logo.pngRyan Walsh2019-04-01 14:00:072019-04-01 14:00:07Georgia DUI: The Art of Plea Bargaining
O.C.G.A. 42-1-14 required a person who is classified as a Level 3 sexually dangerous predator to wear and pay for a GPS Monitoring device even if no longer on probation or parole. This Statute allowed the State to monitor the person’s movements for the remainder of his or her life. Joseph Park & Sex Offender […]
Georgia Underage DUI
/in Blog, DUI, Georgia DUI, Georgia Traffic Laws, Marietta DUI /by Ryan WalshO.C.G.A. § 40-6-391(k) prohibits a person under the age of 21 to have a BAC of, “0.02 grams or more at any time within three hours after” driving a vehicle, from alcohol consumed prior to driving. This 0.02 BAC limit is substantially lower than the 0.08 limit provided for those aged 21 and over. Underage […]
Domestic Violence: Victims & Dismissal
/in Atlanta Domestic Violence, Blog /by Ryan WalshWill my domestic violence case get dismissed if the victim does not testify? Our Fulton and Cobb County offices in the Atlanta area get victims of domestic violence who appear with or for their partners every day asking us if the Defendant’s case will get dismissed if they tell the prosecutor they do not want […]
Theft by Receiving Stolen Firearm
/in Blog, Georgia Criminal Law, Gun Rights, Theft, Weapons in Georgia /by Ryan WalshUnder § OCGA 16-8-7, a person commits the offense of theft by receiving stolen property when he receives, disposes of, or retains stolen property which he knows or should know was stolen.” If the item in question is less than $1,500, it is a misdemeanor, meaning the maximum punishment that someone can receive is […]
Georgia DUI: The Art of Plea Bargaining
/in Atlanta Drug Crimes, Atlanta DUI, First Offender, Georgia, Georgia DUI, Georgia Law, Pre-Trial Services, Sentencing /by Ryan WalshA successful criminal defense attorney is one who explores and exhausts every possible avenue of defense to the benefit of their clients. If the best course of action is taking the case to trial, the successful attorney will be prepared to try the case. However, statistical evidence shows an overwhelming majority (90%-95%) of all criminal […]
Sex Offender GPS Monitoring is Unconstitutional
/in Blog, Georgia Sex Crimes, Sex Crimes, Sex Offender Registry /by Ryan WalshO.C.G.A. 42-1-14 required a person who is classified as a Level 3 sexually dangerous predator to wear and pay for a GPS Monitoring device even if no longer on probation or parole. This Statute allowed the State to monitor the person’s movements for the remainder of his or her life. Joseph Park & Sex Offender […]