Possession of Edibles in Georgia

/in , , , /by

In the past ten years, thanks to the decriminalization and legalization in other states, the possession and consumption of marijuana has changed drastically. Beyond just your typical green leafy marijuana, there are chocolates, gummy bears, hard candies, drinks, waxes, resins, oils, creams, and other substances used to intake THC into your body. 

Misdemeanor or Felony?

In Georgia, possession of green leafy marijuana  is a misdemeanor if you possess under an ounce. Possession of over an ounce of green, leafy marijuana is a felony. But what most people do not know is that possession of any other product that has THC in it that is not green, leafy marijuana is a felony. It doesn’t matter that the edible, weed cartridge, wax or other substance was under an ounce. It doesn’t matter if it was only one brownie, or gummy bear, or cartridge. It’s a felony in violation of the Georgia Controlled Substances Act (VGCSA). On top of that, if the THC is baked into a brownie, or in a beverage, officers use the entire weight of the substance to determine weight, and not just the part of it that has THC in it. These substances are heavy and can hit Possession with Intent and Trafficking levels quickly.

It’s important that you know the laws in Georgia.

Officers are now trained to look for substances beyond green, leafy marijuana. They are looking for cartridges. They are looking for edibles. They are looking for distinct smells given off by concentrated marijuana products. Five years ago we saw very few if any arrests for these weed products. But over the past year, we are seeing more and more clients come in and tell us, “He found my cartridges.” Or “They went looking straight for my wax.”

Our office has been on the forefront of this shift in marijuana products in Georgia. Our team of educated and knowledgeable attorneys can help you find defenses to your felony weed charges. Call us today for a free consultation at 404-581-0999.

Is DUI a Felony?

/in , , , , , , , , , , , /by

In most instances, the crime of DUI is considered a misdemeanor in Georgia. A misdemeanor is defined as a crime that has a maximum punishment of 12 months in jail. If this is your first time being charged with a DUI and no one was hurt, you will be facing a misdemeanor DUI.  Additionally, even if this is your second or third DUI in a short period of time, your DUI will still be charged as a misdemeanor.

Misdemeanor Punishments

Even if you are facing a misdemeanor-level DUI, the State can stack punishment, and request a longer sentence by adding additional jail time to an underlying charge. For example, if you are charged with DUI and Failure to Maintain Lane, the Judge can sentence you up to 12 months on each charge, for a total of 24 months in custody. Additionally, misdemeanor DUIs do still appear on criminal histories and can require jail, probation, and a license suspension if you are convicted. The goal after a DUI arrest is to avoid a criminal conviction so you can avoid the harsh punishments associated with a conviction for DUI. 

When DUI is a Felony

There are situations where you will be facing a felony after a DUI arrest. A felony is defined as a crime that is punishable more than a year in jail. The first instance is when you are being charged with a fourth DUI within a 10 year period, measured from the dates of previous arrests. A fourth DUI within 10 years is a felony in Georgia, with considerable mandatory minimum jail time if convicted.

Another situation where a DUI is considered a felony in Georgia is if you were arrested for the crime of Serious Injury by Vehicle. This occurs when someone causes an accident resulting in bodily harm while Driving under the Influence. This felony is punished by imprisonment between 1 and 15 years. Bodily harm under Georgia law is defined as an injury to another person which deprives them of a member of their body, or renders part of the body useless, or seriously disfigures, or causes brain damage. There are certainly defenses to this serious crime including the causal connection as well as what constitutes a serious injury.

The final situation where a DUI is prosecuted as a felony offense is Homicide by Vehicle in the first degree, meaning you are arrested for DUI and someone actually dies in the accident. You can be charged with Homicide by Vehicle if it is your passenger who dies.  If convicted, the crime is punishable from 3-15 years. The law requires the State to prove a causal connection between the violation of the DUI statute and the victim’s death. However, under Georgia law, the person does not actually have to commit an unsafe act before facing this type of charge.

Call us today!

DUIs in Georgia require knowledgeable and skillful representation as the stakes are high. If you are facing a felony DUI, it is imperative to find a law firm with a track record of success, who are well-informed on the ever-changing aspects of DUI law in Georgia. If you or a loved one is facing a DUI, whether it be a misdemeanor or felony DUI, call us today for a free consultation at 404-581-0999. 

Child Molestation Charges: What To Do

/in , , , , , , , , /by

If you or a loved one is arrested for child molestation in Georgia, it is important that you act immediately to protect yourself. Do not wait until your court date to get an attorney and to preserve evidence.

Do not think that just because you are innocent that the charges will be dismissed. Child molestation charges are aggressively prosecuted in Georgia and prosecutors and the police believe children who make the accusations.

Make sure your attorney has had jury trials in child molestation cases and has won these cases. Do not let an attorney handle your case who does not specifically handle these cases.

The law may say you are presumed innocent but in child molestation cases, you have to prove your innocence.

The Steps

Here is what you should do if arrested for child molestation:

  1. Hire an attorney – Make sure that attorney actually handles and tries child molestation cases. Most criminal defense attorneys do not handle child molestation cases. Make sure the attorney you talk to does regularly handles child molestation cases in Georgia.
  2. Avoid making any statements – Do not walk into the police department and profess your innocence. The police will not believe you. Do not think you can show up at your first court date and tell the prosecutor and judge that you are innocent and expect the charges to be dropped. If you are arrested for child molestation, you have to start preparing for your jury trial. Do not make any statements to anyone except your lawyer.
  3. Start gathering important evidence
    • Gather and preserve any physical evidence in your possession that might relate to the child making the accusation. This includes clothing, photos, video or any other tangible object.
    • Gather and preserve any documents that might relate to this accusation including emails, texts, social media, phone records, GPS records, computer records or any other document that might show where you were when this incident allegedly occurred.
    • Witnesses – Immediately make a list of any person who you think might have information about this child molestation accusation. Do not discuss the case with this person but pass this list of potential witnesses to your attorney and let your attorney contact them.

What NOT To Do when Charged with Child Molestation

Here is what you should never do if arrested for child molestation:

  1. Never talk to the alleged victim or the family.
  2. Never have any contact with the alleged victim through a 3rd party or through social media.
  3. Never talk to law enforcement without an attorney present.
  4. Never talk to a child welfare agency or any other governmental agency without an attorney present.

Call us TODAY

If you are arrested for child molestation or any sex offense in Georgia, please call our office 24/7 at 404-581-0999 or send us an email at mike@peachstatelawyer.com. We will sit down with you and fully discuss your case and what to expect in court. There is no charge for the initial consultation. You will only retain us if you feel we are the best law firm to represent you. It is your case and your life so you need to hire the lawyer that you feel gives you the best chance to win.

Prior False Allegations & Your Case

/in , , , , , , , , , , , , /by

You are accused with child molestation or rape and your accuser has previously falsely accused another person of these horrific crimes. Can you bring up these prior false accusations in your case? The answer is yes.

State v. Burns Example

The Georgia Supreme Court held in State v. Burns, that a defendant in a sexual-offense prosecution may bring up evidence that the alleged victim has previously made false accusations of sexual misconduct. This evidence is admissible to attack the credibility of the victim and show that the current charges did not occur.

In this case, James Burns was charged with aggravated sexual battery, aggravated sodomy, and incest. It was discovered that the alleged victim had made up a prior rape allegation.

The Rape Shield Statute & Allegations

The Rape Shield Statute of Georgia does not prohibit testimony of previous false allegations by a victim. This is because prior false accusations establish that the victim has a propensity to make false statements regarding sexual misconduct. The Rape Shield Statute in Georgia is designed to prohibit bringing up the victim’s past sexual conduct. But it does not protect the victim in cases where a false allegation was made.

Your Rights for a Defense

A criminal defendant has a Sixth Amendment right to make a full defense. A defendant has the right to bring up prior false allegations where it can be shown that the allegation was indeed false. The Sixth Amendment also grants the defendant the right of confrontation. This includes the right to physically face the person who is testifying against him and the right to conduct a thorough cross-examination. A defendant is guaranteed the opportunity for effective cross-examination.

In addition, the due process clause of the Fourteenth Amendment guarantees a criminal defendant a meaningful opportunity to present a complete defense. The defendant does not have a right to offer any testimony that is either privileged, irrelevant or excluded under the rules of evidence. However, if the defendant has evidence of a prior false allegation of the alleged victim then it is admissible in order to protect the integrity of the trial.

In State v. Burns, the Georgia Supreme Court has made a bright line rule that prior false allegations are admissible, regardless of other rules of evidence.

Call us Today!

If you are charged with child molestation, rape or any other sexual offense in Georgia, it is imperative that you aggressively defend yourself and learn everything you can about the alleged victim. If the alleged victim in your case has ever made up an allegation against any other person, you must use this information to your advantage when confronting your accuser in court. If you are charged with any sexual offense in Georgia, please contact us at 404-581-0999 or mike@peachstatelawyer.com for a free consultation

Entering an Automobile: Theft and More

/in , , , , , , /by

Entering an Automobile in Georgia

Entering an automobile is a theft crime under Georgia law. It is defined as the entering of any automobile or other motor vehicle with the intent to commit a theft or felony.

Usually, people under indictment for this offense are accused of breaking into cars to steal property. The State does not have to prove they actually stole anything, just that they had the intent to steal property when entering into the car.

But it was my own car?

Interestingly enough, a person can be charged with entering into their own vehicle to commit a theft or felony. The State does not have to establish lack of authority to enter a car because the statute makes no distinction between authorized and unauthorized entry.

This means you, as a defendant, could be accused of Entering an Automobile if the State alleges you entered your own car with the intent to, say, steal the laptop your friend left in your car. Once again, the State would not have to prove you actually stole the laptop, only that you intended to commit steal it.

Remember the law defines Entering an Automobile as entering a car with the intent to commit a theft or felony. This would contemplate a scenario in which someone entering a car (either their own or someone else’s) to commit rape, murder, aggravated assault, etc.

What’s My Defense?

The law defines Entering by Automobile as a felony or a misdemeanor at the judge’s discretion. This is important because it means your attorney, in the context of a negotiated plea, can (and should) ask the judge for misdemeanor sentencing, thus allowing you to avoid felony conviction (or wasting your first offender on what could’ve been a misdemeanor).

If you or someone you know has been charged with entering an automobile contact our office today for a free consultation.

by Sarah Armstrong

Financial Transaction Card Theft

/in , , , /by

Financial Transaction Card Theft is the forgery crime we do the second most consults for in our office. It generally involves someone who takes the debit or credit card or the information on the debit/credit card of another with the plan to use that information later for their own benefit or to give or sell that information to another. Financial Transaction Card Theft is defined in O.C.G.A.16-9-31.

What is Financial Card Theft?

Financial Transaction Card Theft in Georgia occurs when:

A person takes, obtains, or withholds a financial transaction card from the person, possession, custody, or control of another without the cardholder’s consent; or who, with knowledge that it has been so taken, obtained, or withheld, receives the financial transaction card with intent to use it or to sell it or to transfer it to a person other than the issuer or the cardholder;

  • A person receives a financial transaction card that he knows to have been lost, mislaid, or delivered under a mistake as to the identity or address of the cardholder and he retains possession with intent to use it or sell it or to transfer it to a person other than the issuer or the cardholder;
  • A person, not being the issuer,sells a financial transaction card or buys a financial transaction card from aperson other than the issuer; or
  • A person not being the issuer,during any 12 month period receives two or more financial transaction cards inthe names of persons which he has reason to know were taken or retained undercircumstances which constitute a violation of theft by taking or financial cardtransaction theft.

What’s the Punishment? 

Financial Transaction Card Theft in Georgia is a felony punishable by at least one year imprisonment with a maximum punishment of three years imprisonment and a $5,000 fine.

Call us today

If you’ve been charged with financial card transaction theft in Georgia it is important that you contact an attorney immediately to go over potential defenses in your case. Our team of six attorneys is experienced in defending these cases and are available today for a free consultation. Please call us at 404-581-0999 to schedule a consultation today.

by Ryan Walsh 

Forgery Laws in Georgia

/in , , , , , , , , , , /by

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 another time without the authority of that other person. It is forgery in the first degree if that writing is used, presented , or delivered; and forgery in the second degree if it is never used, presented or delivered.

To be found guilty of forgery in the first or second degree you have to have knowledge that the writing is forged and that you have made, possessed or altered the document with the intent to defraud another party.

Forgery in the third and fourth degrees involve the same elements of forgery discussed above but the writing involved is a check.  If the check is for $1,500 or more or you have ten or more checks in your possession then you will be charged with forgery in the third degree. If the check is for less than $1,500 or you have less than ten checks in your possession then you will be charged with forgery in the fourth degree.

Forgery in the first through third degrees is a felony offense in the State of Georgia. Forgery in the fourth degree is a misdemeanor offense.

If you’ve been contacted by a law enforcement official about a potential issue at a bank it is important that you exercise your right to remain silent and call a lawyer immediately to discuss your case, your options, and potential outcomes.

Being convicted of a forgery charge can impact your ability to gain future employment or obtain professional certifications in the State of Georgia.

Our office of Georgia criminal defense attorneys have experience in defending forgery and fraud crimes. Call us today at 404-581-0999 for a free consultation.