Today, the Supreme Court of Georgia, released an opinion in the case of Elliott v. State that will impact every DUI case in the State of Georgia where the Defendant refused to submit to a chemical test of their breath after being read the Georgia Implied Consent Notice. The holding of the opinion states that […]
How can my license to drive be suspended administratively and again if I am convicted of DUI? This is a good question. Georgia law thinks of driving as a privilege and not a right. On the administrative end, the law provides the Department of Driver Services (hereafter “DDS”) may take your license (viewed as a […]
Robbery or Burglary? It is not uncommon for people to use “robbery” and “burglary” interchangeably. For example, a person enters their home to discovery it’s been ransacked. They might exclaim, “I’ve been robbed!” That exclamation is inaccurate under Georgia law. In Georgia, that person is a victim of burglary, not robbery, because Georgia defines burglary […]
I am going to digress from a legal analysis this month. When not practicing law, I enjoy, among other activities, walking and gardening. Both lend themselves to listening to podcasts. One of my favorite podcasts is “Hidden Brain” on NPR. The host, Shankar Vedantam, “uses science and storytelling to reveal the unconscious patterns that drive […]
Rape is a serious crime in Georgia. O.C.G.A. § 16-6-1 defines rape as follows: A person commits the offense of rape when he has carnal knowledge of: A female forcibly and against her will or: A female who is less than ten years of age. Carnal knowledge in rape occurs when there is any penetration […]
Georgia Supreme Court Update – Elliott v. State
/in Atlanta DUI, Blog, DUI, Georgia Criminal Law, Georgia DUI, Georgia Law /by Ryan WalshToday, the Supreme Court of Georgia, released an opinion in the case of Elliott v. State that will impact every DUI case in the State of Georgia where the Defendant refused to submit to a chemical test of their breath after being read the Georgia Implied Consent Notice. The holding of the opinion states that […]
DUI: License Suspension
/in ALS, Blog, Drivers License, DUI, Georgia DUI, Georgia Law, Marietta DUI /by Ryan WalshHow can my license to drive be suspended administratively and again if I am convicted of DUI? This is a good question. Georgia law thinks of driving as a privilege and not a right. On the administrative end, the law provides the Department of Driver Services (hereafter “DDS”) may take your license (viewed as a […]
Robbery by Sudden Snatching
/in Blog, Georgia Criminal Law, Georgia Law, Robbery, Theft /by Ryan WalshRobbery or Burglary? It is not uncommon for people to use “robbery” and “burglary” interchangeably. For example, a person enters their home to discovery it’s been ransacked. They might exclaim, “I’ve been robbed!” That exclamation is inaccurate under Georgia law. In Georgia, that person is a victim of burglary, not robbery, because Georgia defines burglary […]
Rebel Thinking & Defense
/in Blog, Criminal Law, Federal Court, Federal Criminal Law, Federal Law /by Ryan WalshI am going to digress from a legal analysis this month. When not practicing law, I enjoy, among other activities, walking and gardening. Both lend themselves to listening to podcasts. One of my favorite podcasts is “Hidden Brain” on NPR. The host, Shankar Vedantam, “uses science and storytelling to reveal the unconscious patterns that drive […]
Rape
/in Criminal Law, Federal Criminal Law, Georgia Criminal Law, Georgia Sex Crimes, Oral Sex, Rape, Sex Crimes, Sexual Abuse of a Child, Sexual Assault /by Ryan WalshRape is a serious crime in Georgia. O.C.G.A. § 16-6-1 defines rape as follows: A person commits the offense of rape when he has carnal knowledge of: A female forcibly and against her will or: A female who is less than ten years of age. Carnal knowledge in rape occurs when there is any penetration […]