Under existing federal and state law, police can conduct a warrantless search of a vehicle under specific circumstances and still comply with the provisions of the 4th amendment against unreasonable searches and seizures. This exception is known as a search incident to arrest established in Arizona v. Gant, 556. U.S. 332 (2009). Gant outlines two […]
In Georgia, asset forfeiture is the government’s way of taking property it claims is connected to a crime. Most often, you see it in drug cases. The State isn’t just prosecuting the person, it’s going after the property itself like cash, cars, or even a house. Under Georgia Controlled Substances Act, law enforcement can seize […]
https://www.peachstatelawyer.com/wp-content/uploads/2020/08/w-scott-smith-logo.png00lawyerhttps://www.peachstatelawyer.com/wp-content/uploads/2020/08/w-scott-smith-logo.pnglawyer2026-04-23 18:56:332026-04-23 18:56:33I Was Arrested and the Police Took My Car. What Now?
O.C.G.A. § 16-11-39 classifies disorderly conduct as a misdemeanor offense. The law prohibits various behaviors that disturb the peace or endanger others’ safety. What Counts as Disorderly Conduct? A person commits disorderly conduct when they: Act violently or loudly in a way that makes someone fear for their safety. Behave violently in a manner that […]
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Under Official Code of Georgia Annotated § 16-8-14, theft by shoplifting occurs when someone takes merchandise without paying. The person must intend to keep it or deprive the owner of its value. This includes actions like: Concealing or taking items Switching price tags or labels Putting items in different packaging Paying […]
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The legal standard of “beyond a reasonable doubt” is the cornerstone of the criminal justice system. However, the history of this standard has continued to evolve since before the 18th century. The criminal justice system struggled due to the heavy influence of religious ideologies. Jurors feared that convicting an innocent person would lead to religious […]
Search Incident to Arrest
/in Blog /by lawyerUnder existing federal and state law, police can conduct a warrantless search of a vehicle under specific circumstances and still comply with the provisions of the 4th amendment against unreasonable searches and seizures. This exception is known as a search incident to arrest established in Arizona v. Gant, 556. U.S. 332 (2009). Gant outlines two […]
I Was Arrested and the Police Took My Car. What Now?
/in Blog /by lawyerIn Georgia, asset forfeiture is the government’s way of taking property it claims is connected to a crime. Most often, you see it in drug cases. The State isn’t just prosecuting the person, it’s going after the property itself like cash, cars, or even a house. Under Georgia Controlled Substances Act, law enforcement can seize […]
Disorderly Conduct in Forest Park Municipal
/in Blog /by lawyerO.C.G.A. § 16-11-39 classifies disorderly conduct as a misdemeanor offense. The law prohibits various behaviors that disturb the peace or endanger others’ safety. What Counts as Disorderly Conduct? A person commits disorderly conduct when they: Act violently or loudly in a way that makes someone fear for their safety. Behave violently in a manner that […]
Shoplifting Charges in Gwinnett County
/in Blog /by lawyerUnder Official Code of Georgia Annotated § 16-8-14, theft by shoplifting occurs when someone takes merchandise without paying. The person must intend to keep it or deprive the owner of its value. This includes actions like: Concealing or taking items Switching price tags or labels Putting items in different packaging Paying […]
Beyond a Reasonable Doubt
/in Blog /by lawyerThe legal standard of “beyond a reasonable doubt” is the cornerstone of the criminal justice system. However, the history of this standard has continued to evolve since before the 18th century. The criminal justice system struggled due to the heavy influence of religious ideologies. Jurors feared that convicting an innocent person would lead to religious […]