Prior False Allegations Are Admissible in a Child Molestation

You are accused with child molestation and your accuser has previously falsely accused another person of child molestation. Can you bring up these prior false accusations in your case? The answer is yes. The Georgia Supreme Court held in State v. Burns, that a defendant in a child molestation prosecution may bring up evidence that […]

My loved one has been arrested for a felony in Fulton County, what happens now?

Everyone arrested for a felony within Fulton County will be taken to the Fulton County Jail or Rice Street to be booked in. After someone is booked, they will be scheduled for First Appearance, typically the next day. The purpose of First Appearance is to inform you of the charges and set a bond. First […]

License Consequences for DUI Convictions in Gwinnett County, Georgia

By: Attorney Erin Dohnalek In Georgia, an individual may be charged with DUI under the following circumstances: If he/she was in actual physical control of a moving vehicle while he/she was under the influence of alcohol to an extent that it was less safe for them to drive. If he/she was in actual physical control […]

Clayton County Sexual Battery

Georgia law makes it illegal to intentionally make physical contact with the intimate parts of the body of another without their consent under O.C.G.A. 16-6-22.1(b). It defines intimate parts as the genital area, but also inner thighs, buttocks, and breasts of a female.  Skin to skin contact is not required, and physical contact through clothing […]

Fourth Amendment Waiver

In Georgia, can a person on probation be illegally searched by law enforcement?  The answer is yes and no.  A probationer who has executed a Fourth Amendment waiver at the time of their plea may be subject to a warrantless search if there is reasonable suspicion of criminal activity or for the purpose of monitoring […]