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Enticing a Child for Indecent Purposes Crimes in Georgia

by Mike Jacobs

Enticing a child for indecent purposes is a serious crime in the State of Georgia. It is imperative that you retain a qualified attorney immediately if you are being accused of Enticing a child for an indecent act. Many allegations of enticing a child are false. Even if you know the allegation of enticing a child against you is made up, you still must take it very seriously and aggressively defend yourself.

O.C.G.A. § 16-6-5 defines Enticing a Child for indecent purposes as follows:

A person commits the offense of enticing a child for indecent purposes when he or she solicits, entices, or takes any child under the age of 16 years to any place whatsoever for the purpose of child molestation or indecent acts.

The State must prove a joint operation of (1) the act of enticing a child and (2) the intention to commit acts of indecency or child molestation.

Enticing a Child for Indecent Purposes is different than Child Molestation because of the extra element of asportation. The asportation element is satisfied with the taking involving physical force, enticement or persuasion. The evidence must show some movement of the child. It can be slight movement.

Indecent Acts means illicit sexual conduct. Because the statute refers to both indecent acts and child molestation, it is reasonable to assume that indecent acts are different than acts punished by the child molestation statute.

Neither consent nor lack of knowledge of the child’s age is a defense to prosecution under the Enticing a Child statute.

The statute is intended to protect children from sexual predators. It is unlawful to entice any child under the age of 16.

The punishment for Enticing A Child is a mandatory of 10 years imprisonment up to 30 years and at least 1 year of probation.

Do not wait until the State actually returns an indictment against you for Enticing a Child before seeking an attorney. It is vital that you immediately retain an attorney and get to work in defending yourself of these allegations.

I would be happy to meet with you any time for a free consultation to discuss your case, your rights and your defenses to these allegations.

Call me at 404-581-0999 and let’s schedule a time to meet and discuss your case.

It is your life, your criminal record and you deserve the best representation possible.

Bestiality and Necrophilia Crimes in Georgia

by Mike Jacobs

 

Bestiality is a serious crime in the State of Georgia.

O.C.G.A. § 16-6-6:  A person commits the offense of bestiality when he performs or submits to any sexual act with an animal involving the sex organs of the one and the mouth, anus, penis or vagina of the other.

A person convicted of bestiality shall be punished by imprisonment not less than 1 nor more than 5 years.

Necrophilia is a serious crime in Georgia.

O.C.G.A. § 16-6-7: A person commits the offense of necrophilia when he performs any sexual act with a dead human body involving the sex organs of the one and the mouth, anus, penis or vagina of the other.

A person convicted of necrophilia is punishable by imprisonment for not less than 1 nor more than 10 years.

I would be happy to meet with you any time for a free consultation to discuss your case, your rights and your defenses to these allegations.

Call me at 404-581-0999 and let’s schedule a time to meet and discuss your case.

It is your life, your criminal record and you deserve the best representation possible.

Child Molestation in Georgia

by Mike Jacobs

Child Molestation is a serious crime in the State of Georgia. It is imperative that you retain a qualified attorney immediately if you are being accused of child molestation. Many allegations of child molestation are false. Even if you know the allegation of child molestation against you is made up, you still must take it very seriously and aggressively defend yourself.

O.C.G.A. § 16-6-4 defines child molestation as follows:

A person commits the offense of child molestation when such person: Does any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the accused OR by means of electronic device, transmits images of a person engaging in, inducing, or otherwise participating in any immoral or indecent act to a child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person.

Child Molestation is a specific intent crime. Whether the accused has the requisite intent when he committed the act of child molestation is up to a jury. The jury can infer the requisite intent of “arousing or satisfying sexual desires” from the commission of the act. However, proof of the accused’s actual arousal is not required. Intent can be inferred from the testimony of the victim or from the actions of the accused.

No penetration is required for child molestation. All that is required is the touching of the child’s body along with the requisite intent. It does not matter whether the child was clothed or unclothed in determining whether the act was immoral or indecent.

The indictment does not have to allege the specific details of the child molestation. It can use general language of the statute.

Child molestation can also be performed by the electronic transmission of images of a person engaging in, inducing or otherwise participating in any immoral or indecent act to a child under the age of 16 years old with the intent to arouse or satisfy the sexual desires of either the child or the accused. All that is required is that either the accused or the alleged victim resides in the State of Georgia.

The punishment for child molestation is a mandatory of 5 years to 20 years in prison. If it a second conviction for child molestation then it can be life in prison or a mandatory 10 years up to 30 years in prison.

If someone is making an allegation of child molestation against you, it is imperative that you do not talk to the police, do not talk to the person who is accusing you of child molestation and call us.

Time is of the essence to properly investigate the allegations.

I would be happy to meet with you any time for a free consultation to discuss your case, your rights and your defenses to these allegations.
Call me at 404-581-0999 and let’s schedule a time to meet and discuss your case.

It is your life, your criminal record and you deserve the best representation possible.

Georgia’s New Distracted Driving Law for Georgia Drivers

by Mary Agramonte

 

As you have probably heard, Georgia’s new law on Distracted Driving will become effective on July 1, 2018. Georgia’s legislature has made the use of a cell phone will driving illegal in response to an alarming rise of traffic fatalities and serious injuries from car accidents.

The new law will prohibit Georgia drivers from the following:

  • Holding a cell phone at all
  • Texting, reading/ sending emails, using internet
  • Watching or recording videos

The following use of electronic devices will still be allowed even under the new law:

  • Speaking/texting with voice based communication
  • Using an earpiece or Bluetooth to talk on the phone
  • Using a navigation or GPS app

The punishment under this new law will be fines, fees, and points. Specifically, for a first conviction in 24 months, you will face a fine of $50.00 which will not include any surcharges and taxes. A second conviction will increase to $100.00 plus court costs and surcharges.

While the cost is fairly slight for a traffic offense, there will be other repercussions of the law. If an officer sees you on the phone, he now has the ability to pull your vehicle over which in some cases could lead to more serious charges. For example, an officer who has lawfully pulled you over for using your phone can then observe an odor of alcohol coming from your vehicle which can then lead to a DUI arrest.

Overall, this bill is being enacted to save lives as talking and texting on a cell phone while driving places other drivers and pedestrians at risk. According to the Governors Highway Safety Association, Georgia will now join the other 47 states that have already enacted laws prohibited texting and driving.

First Offender Sentencing in Georgia

First offender treatment is available in Georgia for anyone who has not been previously convicted of a felony and is not charged with a serious violent felony. Serious violent felonies are murder, felony murder, armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, and aggravated sexual battery. Anyone charged with one of those offenses is automatically ineligible for first offender unless the charge is reduced to a lesser offense.

If a defendant receives first offender treatment, it can be both a blessing and a curse. If there are no issues during the period of probation, then no official conviction will ever be reported and the record itself will seal from public view. However, if the defendant commits a new offense while on probation or has any issues at all, then the judge has discretion to revoke the first offender status and re-sentence the defendant up the maximum sentence allowed by law.

While serving the sentence which will undoubtedly involve a period of probation, the defendant is not technically convicted of a crime but still cannot possess a firearm. After successful completion, all gun rights are restored.

Finally, first offender status can be granted retroactively if the defendant was eligible for first offender treatment at the time of the original plea but was not informed of his or her eligibility. Still, there is discretion, and the judge must find by a preponderance of the evidence that the ends of justice and the welfare of society are served by granting retroactive first offender status.

If you are charged with a crime in Georgia, then you should always consult with an attorney as to whether you are a candidate for first offender treatment. If you have already pled guilty, then you should still reach out to discuss whether you can receive retroactive first offender treatment. Give us a call today at 404-581-0999.

Atlanta Hit and Run Attorneys

by Mary Agramonte

Whenever you are in a car accident involving either property damage or personal injury, Georgia law provides that a driver is required to do the following things:

  • Give your name, address, and registration of the vehicle
  • Upon request, provide a driver’s license
  • Render reasonable aid to injured parties – such as transporting or making arrangements to transport a person to medical treatment if its apparent medical treatment is needed
  • Where person is unconscious, appears deceased, or is otherwise unable to communicate, you must make reasonable effort to ensure emergency medical service and police are contacted.

Under Georgia law, a driver involved in an accident must remain on scene until all four requirements are met. If a driver neglects one or more of the requirements, they can later be arrested and charged with the crime of Hit and Run.

Hit and Run under O.C.G.A. § 40-6-270 is one of the most serious traffic crimes to face. The Department of Driver Services classifies it as a “Major” violation which is in the same category of DUI, Vehicular Homicide, and Fleeing. Hit and Run can not only land you with probation and high fines, it will suspend your license, and can result in you facing jail time.

There are defenses to Hit and Run and ways to negotiate the case to significantly less serious offenses that will not result in jail or a suspended license. With experienced Georgia Hit and Run attorneys on your side, you can fight the case and keep your freedom and driving privileges. If you or someone you know has been involved in a Hit and Run, it is important to retain Hit and Run attorneys quickly. In some cases, an accomplished Hit and Run attorney can be proactive in negotiating lesser charges even before a surrender process. Call us today at 404-581-0999 for a FREE CONSULTATION with one of our knowledgeable Georgia Hit and Run attorneys.

Atlanta Entering Auto Attorney

by Mary Agramonte

Being arrested for any crime can be a stressful experience. Being arrested for Entering  Auto or Theft by Taking can be even more stressful based on the harsh consequences and the idea of facing a felony charge. If you or your loved one has been arrested for Entering Auto in the Atlanta area, it is important to know your rights and to have a team of lawyers behind you from the very beginning fighting for your freedom.

In Georgia, Entering Auto is a felony offense which carries one to five years in prison. If the person arrested for Entering Auto already has a felony on their record, then they could be facing a lengthier sentence. You can be charged with Entering Auto even if you never stole anything from within the vehicle. The crime is complete soon as you enter the car with the intent to commit a theft or felony. Unfortunately, it is not a defense that the owner of the car gave you permission to go in the car initially.

However, there is good news. If you have been arrested for Entering Auto, there are defenses based on lack of intent to commit the theft, and inability for the State to prove beyond a reasonable doubt. There are ways to avoid the felony conviction as well as the prison time. The judge has the discretion to even sentence you as a misdemeanor for this charge, so you need qualified attorneys ready to present your case in the most favorable way possible.

If you or a loved one has been charged with Entering Auto, it is imperative to get a team of criminal defense attorneys on your side. Having Atlanta Entering Auto attorneys can help you beat the case completely, or minimize the jail and fines. There are defenses to Entering Auto, so do not plead guilty without first talking to an Atlanta Entering Auto attorney. Call us today for a free consultation and know your rights as it relates to an Entering Auto case. 404-581-0999

Right to Bind Over from Municipal or Traffic Court in Georgia Criminal Cases

In Georgia, everyone charged with a crime against the laws of this state has a constitutional right to a trial by jury. The key word here is the laws of the State. Some municipalities have their own subset of rules that usually overlap with state laws. These rules are called local ordinances and they can only be prosecuted in the local municipal or probate court. However, since the local ordinances typically have a state law equivalent, you have the right to have the charge upgraded to a state law offense and have a trial by jury in the state court located within the same County. There are pros and cons to this course of action since a local ordinance will not appear on your criminal history unless you were arrested which would create a record via your fingerprint. Once upgraded to a state law offense, the charge will appear on your criminal history and won’t be removed unless you beat all charges at trial. The effect on your criminal history is the only downside of exercising your constitutional right to a trial. Sometimes, the offer will be better in state court or you will in fact proceed to a jury trial and be found not guilty. If you are charged with a state law offense originally, then there is absolutely no downside to exercising your constitutional right to a trial. You can and should bind your case over to state court if the municipal or probate court is not making a suitable offer.

If you find yourself in municipal or probate court and the judge or prosecutor makes it seem like you have no other choice than to plead guilty or have the judge decide your fate, call us at 404-581-0999 for a free consultation.

How Cell Phone Records Can Create an Alibi Defense in Georgia Criminal Cases

by Scott Smith

An alibi is a claim that you were not on the scene when the crime was committed. Alibi is a powerful defense in Georgia.  It is a statement to the jury you were not present when the crime was committed and therefore you cannot be found guilty. Although there are some exceptions, presence of the defendant at the scene is an essential element of the crime.

For the most part, in order to use an alibi defense at trial in Georgia, the defense must serve the prosecutor with an alibi notice upon the prosecuting attorney.  An alibi notice is a written notice of the Client’s intention to offer a defense of alibi. Such notice by the defense attorney shall state the specific place or places at which the client was (i.e. in Tuscaloosa, Alabama) at the time of the alleged offense (i.e. January 5th, 2018) and the names, addresses, dates of birth, and telephone numbers of the witnesses, if known to the client, upon whom the client intends to rely to establish such alibi.  However, if it is the defendant himself who is going to give the alibi defense the defendant is not required to furnish the State’s prosecutor with his version of events or expected testimony.

Alibi is very powerful because the jury must acquit if they cannot put you on the scene.  However, it will be sufficient if the State can show you were near the scene of the crime.  In order to really give potency to your alibi, it is incredibly helpful to show your cell phone (which we all carry around with us all the time) was nowhere near the scene, but in the area you claim to be.  In order to this, you will need to subpoena your cell phone records.

The reason cell phone records are important is that cell phones connect to cell phone antennas to pass data through radio signals.  Your cell phone company records the communication with the cell phone antenna.  Specifically, the phone records include:

  1. Identification of the antenna(s) with which a cell device connects (this includes on newer phones when you are roaming and not actively on a phone call);
  2. The azimuth of the antenna (the direction in which the antenna is pointed) with which the cell device is communicating; and
  3. The time in which the connection was initiated and terminated.

By using this information, the attorney is able to get a general idea of where the cell phone is located.  If you have three cell phone antennas pinging at the same time you can potentially triangulate the location.

Subpoenas for phone records should only be issued by an attorney and they can only be issued if and when there is an established case number and court date.

Here is an excerpt from a March 2018 criminal case (Douglas v. State) in the Supreme Court of Georgia: “The jury also received cell-phone records indicating that, at the time of the shooting, a cell phone belonging to Appellant’s mother was within two miles of the scene; likewise, the jury heard testimony that Appellant was known to sometimes use his mother’s cell phone and to travel in the Ford Taurus with her.”  As you can imagine this testimony and exhibits are powerful evidence.

If you have questions about using cell phone records in Georgia call us today for a free consultation, 404-581-0999.

Aggressive Driving Attorneys in Georgia

by Mary Agramonte

Georgia uses a point system to categorize different types of traffic tickets. Traffic offenses range from 1 point all the way up to 6 points. 6 point offenses are considered the most serious, have the harshest penalties, and are the most likely to land you in jail facing high fines and even a suspended license.

Georgia treats the offense of Aggressive Driving as a 6 point offense, meaning it is considered a very serious offense in Georgia courts. Under Georgia law, a person commits the offense of Aggressive Driving when he or she operates any motor vehicle with the intent to annoy, harass, intimidate, injure, or obstruct another person. For example, if you are overtaking and passing someone with that intent, then you can be charged with Aggressive Driving. Similarly, if you are “tailgating” someone by following them very closely, then you can be charged with Aggressive Driving. In Georgia, you can be cited or arrested for Aggressive Driving if an officer observes you commit an act of road rage or if someone on the road calls 911 to report it.

Aggressive Driving has harsh penalties, and because of that you need the best Aggressive Driving Attorneys in Atlanta on your side fighting for you and your freedom. Aggressive Driving is considered a High and Aggravated Misdemeanor. This means that the maximum penalty can be a $5,000 fine (which ends up being much higher with the additional court costs and fees), and can land you in jail for up to 12 months. This is all in addition to the 6 points it will add to your driver’s license , which is then reported to your car insurance company, which can result in significantly higher premiums.

If you are under 21, an Aggressive Driving conviction will automatically suspend your license. Even if you are over 21 years old, the Aggressive Driving charge can still suspend your license depending on how many other tickets you have had in the past two years. Additionally, if you are arrested on scene for Aggressive Driving, then this will appear on your criminal history forever, unless the case is won with the help of knowledgeable Atlanta criminal defense attorneys.

Get the legal help you need. There are defenses available to those charged with Aggressive Driving in Georgia, but you need experienced criminal defense attorneys on your side to protect your freedom, your wallet, and your future. Call us today for a FREE CONSULTATION at 404-581-0999.