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Rape

Rape in Henry County is a serious crime in Georgia. O.C.G.A. § 16-6-1 defines rape as follows:

  1. A person commits the offense of rape when he has carnal knowledge of:
    1. A female forcibly and against her will or:
    2. A female who is less than ten years of age.

Carnal knowledge in rape occurs when there is any penetration of the female sex organ by the male sex organ.  Any penetration, however slight, is sufficient and can be proven by direct or circumstantial evidence. The fact that the person allegedly raped is the wife of the defendant shall not be a defense to a charge of rape.

How do you define “force” in a rape case in Georgia? Force means acts of physical force, threats of death or physical bodily harm, or mental coercion, such as intimidation. Lack of resistance, induced by fear, is force.

The elements of Rape in Georgia are 1) penetration, 2) force, and 3) against her will. If the person is underage, then force is implied. If the person is above the age of consent, but due to mental incompetence or severe intoxication, then finding of constructive force based on penetration.

The law on Rape in Georgia does not require physical injury or semen.

A person convicted of Rape can be punished by death, by imprisonment for life without parole, by imprisonment for life with the possibility of parole or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment to be followed by probation for life. Any person convicted of rape is subject to the sentencing provisions of O.C.G.A. §§ 17-10-6.1 and 17-10-7.

In addition, the person could be on the Sex Offender Registry for life.

A person convicted of rape can also be held to account for civil liability. Furthermore, if the rape was committed by the defendant while he was acting in his scope of his employment, his employer may also be held liable.

If you face charges in Georgia for Rape, it is imperative that you do not make any statements to law enforcement or to anyone else and immediately seek help from an experienced attorney handling Rape cases in Georgia. You must protect your rights and take this matter very seriously.

The statute of limitation for a prosecution of rape is 15 years.

Here is what you should do if arrested for rape in Henry County.

  1. Hire an attorney – Make sure that attorney actually handles and tries rape cases. Most criminal defense attorneys do not handle rape cases. Make sure the attorney you talk to does regularly handles rape 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 rape, you have to start preparing for your jury trial. Do not make any statements to anyone except your lawyer.
  3. Start gathering important evidence
    1. 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.
    2. 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.
    3. Witnesses – Immediately make a list of any person who you think might have information about this rape 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.

Here is what you should never do if arrested for rape in  Henry County.

  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.

 

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.

How do I get out of Fulton County Jail?

I’ve Been Arrested…

You are in handcuffs and headed to the Fulton County Jail. You want to get out as soon as possible. Your loved ones are in a panic to find a lawyer to help get a bond set. Rice Street is not a good place to be.

What do I do?

First, do not make any statements to the police while you are being transported to the Fulton County Jail.

Second, do not make any statements about the facts of your case to anyone at the Fulton County Jail. This is not the time to plead your innocence. Your sole focus should be on getting out on bond.

Do NOT talk on the jail phones about the case. All calls at Rice Street are being recorded. Just focus on getting someone to help get you out of jail.

When is my court date?

If you are arrested on a misdemeanor, you will go in front of a Magistrate Judge the following morning at 9am.

If you are arrested on a felony, you will go in front of a Magistrate Judge the following morning at 1130am.

Court is typically done by Zoom but you can go to the courtroom at the Fulton County jail.

Can I get a bond?

The Fulton County Judge is required to consider four factors when setting a bond.

  1. Poses no significant risk of fleeing from the jurisdiction of the court or failing to appear in court when required;
  2. Poses no significant threat or danger to any person, to the community, or to any property in the community;
  3. Poses no significant risk of committing any felony pending trial;
  4. Poses no significant risk of intimidating witnesses or otherwise obstructing the administration of justice.

Some crimes must go before a Superior Court judge in order to have a bond set. If you are charged with any of these specific crimes in Fulton County then the Magistrate Judge cannot set a bond at your initial court appearance. All that will happen at this appearance, is the judge will read the warrants to you and reset your case.

The crimes that are only bondable by a Superior Court judge are as follows:

  1. Treason
  2. Murder
  3. Rape
  4. Aggravated Sodomy
  5. Armed Robbery
  6. Aircraft hijacking and hijacking a motor vehicle
  7. Aggravated Child Molestation
  8. Aggravated Sexual Battery
  9. Manufacturing, distributing, delivering, dispensing, administering, or selling any controlled substance classified under Code Section 16-13-25 as Schedule 1 or under Code Section 16-13-26 as Schedule II
  10. Violating Code Section 16-13-31 or 16-13-31.1
  11. Kidnapping, arson, aggravated assault, or burglary if the person, at the time of the alleged kidnapping, arson, aggravated assault, or burglary, had been previously convicted of, was on probation or parole with respect to, or was on bail for kidnapping, arson, aggravated assault, burglary, or one or more of the offenses listed above.
  12. Aggravated Stalking

For any of these crimes that are bondable only by a Fulton County Superior Court judge, you will get a court date that will be in Courtroom 8C of the Fulton County Courthouse. The Fulton County Courthouse is located at 185 Central Avenue, Atlanta, Georgia 30303. These court dates start at 9:30am.

What are the types of bonds?

There are several types of bonds available for your case.

  1. Released to Pretrial Services: Fulton County will sometimes release people on their own recognizance which means that you do not have to put up any money. You will be monitored by Fulton County Pretrial Services. You will have to report to Pretrial Services until your case gets resolved in court.
  2. Cash Bond: Another option in Fulton County is to pay a cash bond. This means that you pay the entire bond yourself. The benefit to this bond is that it is refundable to you once you resolve your case.
  3. Property Bond: Another option in Fulton County is to post a property bond. In order to post a property bond, you would need to speak to the Fulton Sheriff’s office. They generally will require a warranty deed, a current tax statement showing the property’s fair market value as well as a statement showing all taxes are current. You generally need double the bond amount in equity.
  4. Bail Bondsman: The final option is to call a bonding company. You will pay between 10% – 15% of the total bond to the bonding company. The bonding company will then post the entire bond and you will be released. This 10% – 15% is non-refundable. The Fulton County jail will provide you with a list of approved bonding companies.

If you or your loved one is arrested and taken to the Fulton County jail, please contact us any time and we can assist you in helping get a bond set.

Our office is located in downtown Atlanta at 100 Peachtree Street, Suite 2060, Atlanta, Georgia 30303. Feel free to call us at 404-581-0999 anytime day or night. Also, please go to our website at www.peachstatelawyer.com

Call us anytime 24/7. We will have an attorney at your bond hearing the following morning.

 

 

How do I get out of Fulton County Jail?

I’ve Been Arrested…

You are in handcuffs and headed to the Fulton County Jail. You want to get out as soon as possible. Your loved ones are in a panic to find a lawyer to help get a bond set. Rice Street is not a good place to be.

What do I do?

First, do not make any statements to the police while you are being transported to the Fulton County Jail.

Second, do not make any statements about the facts of your case to anyone at the Fulton County Jail. This is not the time to plead your innocence. Your sole focus should be on getting out on bond.

Do NOT talk on the jail phones about the case. All calls at Rice Street are being recorded. Just focus on getting someone to help get you out of jail.

When is my court date?

If you are arrested on a misdemeanor, you will go in front of a Magistrate Judge the following morning at 9am.

If you are arrested on a felony, you will go in front of a Magistrate Judge the following morning at 11am.

Your loved ones should plan on going to the Fulton County jail about 30 minutes prior to court starting. The Fulton County jail is located at 901 Rice Street, Atlanta, Georgia 30318.

Can I get a bond?

The Fulton County Judge is required to consider four factors when setting a bond.

  1. Poses no significant risk of fleeing from the jurisdiction of the court or failing to appear in court when required;
  2. Poses no significant threat or danger to any person, to the community, or to any property in the community;
  3. Poses no significant risk of committing any felony pending trial;
  4. Poses no significant risk of intimidating witnesses or otherwise obstructing the administration of justice.

Some crimes must go before a Superior Court judge in order to have a bond set. If you are charged with any of these specific crimes in Fulton County then the Magistrate Judge cannot set a bond at your initial court appearance. All that will happen at this appearance, is the judge will read the warrants to you and reset your case.

The crimes that are only bondable by a Superior Court judge are as follows:

  1. Treason
  2. Murder
  3. Rape
  4. Aggravated Sodomy
  5. Armed Robbery
  6. Aircraft hijacking and hijacking a motor vehicle
  7. Aggravated Child Molestation
  8. Aggravated Sexual Battery
  9. Manufacturing, distributing, delivering, dispensing, administering, or selling any controlled substance classified under Code Section 16-13-25 as Schedule 1 or under Code Section 16-13-26 as Schedule II
  10. Violating Code Section 16-13-31 or 16-13-31.1
  11. Kidnapping, arson, aggravated assault, or burglary if the person, at the time of the alleged kidnapping, arson, aggravated assault, or burglary, had been previously convicted of, was on probation or parole with respect to, or was on bail for kidnapping, arson, aggravated assault, burglary, or one or more of the offenses listed above.
  12. Aggravated Stalking

For any of these crimes that are bondable only by a Fulton County Superior Court judge, you will get a court date that will be in Courtroom 8C of the Fulton County Courthouse. The Fulton County Courthouse is located at 185 Central Avenue, Atlanta, Georgia 30303. These court dates start at 9:30am.

What are the types of bonds?

There are several types of bonds available for your case.

  1. Released to Pretrial Services: Fulton County will sometimes release people on their own recognizance which means that you do not have to put up any money. You will be monitored by Fulton County Pretrial Services. You will have to report to Pretrial Services until your case gets resolved in court.
  2. Cash Bond: Another option in Fulton County is to pay a cash bond. This means that you pay the entire bond yourself. The benefit to this bond is that it is refundable to you once you resolve your case.
  3. Property Bond: Another option in Fulton County is to post a property bond. In order to post a property bond, you would need to speak to the Fulton Sheriff’s office. They generally will require a warranty deed, a current tax statement showing the property’s fair market value as well as a statement showing all taxes are current. You generally need double the bond amount in equity.
  4. Bail Bondsman: The final option is to call a bonding company. You will pay between 10% – 15% of the total bond to the bonding company. The bonding company will then post the entire bond and you will be released. This 10% – 15% is non-refundable. The Fulton County jail will provide you with a list of approved bonding companies.

If you or your loved one is arrested and taken to the Fulton County jail, please contact us any time and we can assist you in helping get a bond set.

Our office is located in downtown Atlanta at 100 Peachtree Street, Suite 2060, Atlanta, Georgia 30303. Feel free to call us at 404-581-0999 anytime day or night. Also, please go to our website at www.peachstatelawyer.com

Call us anytime 24/7. We will have an attorney at your bond hearing the following morning.

 

 

Rape- Cobb County

Rape is a serious crime in Georgia. O.C.G.A. § 16-6-1 defines rape as follows:

  1. A person commits the offense of rape when he has carnal knowledge of:
    1. A female forcibly and against her will or:
    2. A female who is less than ten years of age.

Carnal knowledge in rape occurs when there is any penetration of the female sex organ by the male sex organ.  Any penetration, however slight, is sufficient and can be proven by direct or circumstantial evidence. The fact that the person allegedly raped is the wife of the defendant shall not be a defense to a charge of rape.

How do you define “force” in a rape case in Georgia? Force means acts of physical force, threats of death or physical bodily harm, or mental coercion, such as intimidation. Lack of resistance, induced by fear, is force.

The elements of Rape in Georgia are 1) penetration, 2) force, and 3) against her will. If the person is underage, then force is implied. If the person is above the age of consent, but due to mental incompetence or severe intoxication, then finding of constructive force based on penetration.

The law on Rape in Georgia does not require physical injury or semen.

A person convicted of Rape can be punished by death, by imprisonment for life without parole, by imprisonment for life with the possibility of parole or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment to be followed by probation for life. Any person convicted of rape is subject to the sentencing provisions of O.C.G.A. §§ 17-10-6.1 and 17-10-7.

In addition, the person could be on the Sex Offender Registry for life.

A person convicted of rape can also be held to account for civil liability. Furthermore, if the rape was committed by the defendant while he was acting in his scope of his employment, his employer may also be held liable.

If you face charges in Georgia for Rape, it is imperative that you do not make any statements to law enforcement or to anyone else and immediately seek help from an experienced attorney handling Rape cases in Georgia. You must protect your rights and take this matter very seriously.

The statute of limitation for a prosecution of rape is 15 years.

Here is what you should do if arrested for rape in Cobb County.

  1. Hire an attorney – Make sure that attorney actually handles and tries rape cases. Most criminal defense attorneys do not handle rape cases. Make sure the attorney you talk to does regularly handles rape 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 rape, you have to start preparing for your jury trial. Do not make any statements to anyone except your lawyer.
  3. Start gathering important evidence
    1. 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.
    2. 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.
    3. Witnesses – Immediately make a list of any person who you think might have information about this rape 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.

Here is what you should never do if arrested for rape in  Cobb County.

  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.

 

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.

How do I get out of the Fulton County Jail?

You are in handcuffs and headed to the Fulton County Jail. You want to get out as soon as possible. Your loved ones are in a panic to find a lawyer to help get a bond set. What do you do?

First, do not make any statements to the police while you are being transported to the Fulton County Jail.

Second, do not make any statements about the facts of your case to anyone at the Fulton County Jail. This is not the time to plead your innocence. Your sole focus should be on getting out on bond.

If you are arrested on a misdemeanor, you will go in front of a Magistrate Judge the following morning at 9am.

If you are arrested on a felony, you will go in front of a Magistrate Judge the following morning at 11am.

Your loved ones should plan on going to the Fulton County jail about 30 minutes prior to court starting. Although most of the first appearance hearings will be conducted by zoom.

The Fulton County jail is located at 901 Rice Street, Atlanta, Georgia 30318.

The Fulton County Judge is required to consider four factors when setting a bond.

  1. Poses no significant risk of fleeing from the jurisdiction of the court or failing to appear in court when required;
  2. Poses no significant threat or danger to any person, to the community, or to any property in the community;
  3. Poses no significant risk of committing any felony pending trial;
  4. Poses no significant risk of intimidating witnesses or otherwise obstructing the administration of justice.

Some crimes must go before a Superior Court judge in order to have a bond set. If you are charged with any of these specific crimes in Fulton County then the Magistrate Judge cannot set a bond at your initial court appearance. All that will happen at this appearance, is the judge will read the warrants to you and reset your case.

The crimes that are only bondable by a Superior Court judge are as follows:

  1. Treason
  2. Murder
  3. Rape
  4. Aggravated Sodomy
  5. Armed Robbery
  6. Aircraft hijacking and hijacking a motor vehicle
  7. Aggravated Child Molestation
  8. Aggravated Sexual Battery
  9. Manufacturing, distributing, delivering, dispensing, administering, or selling any controlled substance classified under Code Section 16-13-25 as Schedule 1 or under Code Section 16-13-26 as Schedule II
  10. Violating Code Section 16-13-31 or 16-13-31.1
  11. Kidnapping, arson, aggravated assault, or burglary if the person, at the time of the alleged kidnapping, arson, aggravated assault, or burglary, had been previously convicted of, was on probation or parole with respect to, or was on bail for kidnapping, arson, aggravated assault, burglary, or one or more of the offenses listed above.
  12. Aggravated Stalking

For any of these crimes that are bondable only by a Fulton County Superior Court judge, you will get a court date that will be in the Fulton County Courthouse. The Fulton County Courthouse is located at 185 Central Avenue, Atlanta, Georgia 30303. These court dates start at 9:30am. As of now, most of these hearings are held on zoom.

There are several types of bonds available for your case.

  1. Released to Pretrial Services: Fulton County will sometimes release people on their own recognizance which means that you do not have to put up any money. You will be monitored by Fulton County Pretrial Services. You will have to report to Pretrial Services until your case gets resolved in court.
  2. Cash Bond: Another option in Fulton County is to pay a cash bond. This means that you pay the entire bond yourself. The benefit to this bond is that it is refundable to you once you resolve your case.
  3. Property Bond: Another option in Fulton County is to post a property bond. In order to post a property bond, you would need to speak to the Fulton Sheriff’s office. They generally will require a warranty deed, a current tax statement showing the property’s fair market value as well as a statement showing all taxes are current. You generally need double the bond amount in equity.
  4. Bail Bondsman: The final option is to call a bonding company. You will pay between 10% – 15% of the total bond to the bonding company. The bonding company will then post the entire bond and you will be released. This 10% – 15% is non-refundable. The Fulton County jail will provide you with a list of approved bonding companies.

If you or your loved one is arrested and taken to the Fulton County jail, please contact us any time and we can assist you in helping get a bond set.

Our office is located in downtown Atlanta at 100 Peachtree Street, Suite 2060, Atlanta, Georgia 30303. Feel free to call us at 404-581-0999 anytime day or night. Also, please go to our website at www.peachstatelawyer.com

Rape in Cobb County

Rape is a serious crime in the State of Georgia. If you are arrested or under investigation, in Cobb County, for rape, please do not make any statements to the police. It is imperative that you retain a qualified attorney immediately if you are being accused of rape. The Cobb County District Attorney’s has a division of prosecutors who prosecute sex crimes zealously and they are very prepared. Many allegations of rape are false. Even if you know the allegation of rape against you is made up, you still must take it very seriously and aggressively defend yourself.

If you are arrested, your case will be put down for a first appearance hearing in Cobb Magistrate Court before Judge Brendan Murphy.  At this hearing, the Cobb County Magistrate Judge will read the warrants to you. You will then be given a bond hearing date and a probable cause hearing date. It is crucial that you move forward with the probable cause hearing. The purpose of the probable cause hearing in Cobb Magistrate Court is to put the lead Detective under oath and lock in his testimony and understand all of the evidence that exists in your case.

O.C.G.A. § 16-6-1 defines rape as follows:

When someone has carnal knowledge of (1) a female forcibly and against her will, or (2) a female who is less than 10 years of age. Carnal knowledge is any penetration of the female sex organ by the male sex organ. Against her ill means without consent. Forcibly means acts of physical force, threats of death or bodily harm, or mental coercion such as intimidation.

The elements that Cobb County District Attorney must prove to convict you are 1) penetration, 2) force, and 3) against her will. Physical injury is not an element.

The Cobb County Superior Court has 11 judges. All are very fair and will give you a fair trial. The Superior Court Judges are Judge Robert Leonard, Judge Mary Staley Clark, Judge Robert Flournoy, Judge LaTain Kell, Judge Gregory Poole, Judge Ann Harris, Judge Kimberly Childs, Judge Kellie Hill, Judge Angela Brown, Judge Jason Marbutt and Judge Henry Thompson.

It is imperative that you do not walk into court on a rape charge in Cobb County Superior Court either without a lawyer or with a lawyer who does not handle sex crimes. Rape cases are very difficult to defend and require someone with the knowledge and experience to defend them.

The punishment for rape is a mandatory 25 years to life in prison. You need to put everything you have into the trial to win. Do not rely on an appeal to be successful. You must win your rape trial to avoid spending the rest of your life in prison.

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. Our office is in downtown Atlanta.

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.

What to do if arrested for Possession of Drugs or Possession with Intent in Fulton County

If you are arrested for any drug offense in Fulton County, do not make any statements to the police. You will be taken to the Fulton County jail at 901 Rice Street. You will be on the first appearance calendar the following morning at 11:00. It is important to have an attorney for this court appearance.

At your first appearance hearing, the Magistrate Court judge will review the facts in the warrant and your criminal history and will decide whether to issue you a bond or not. There are a few options regarding bond. The first is they may give you an unsecured judicial release and make you report to pre-trial services. This allows you to get out of jail without paying any money. The next option is to give you a regular bond where you would have to go through a bonding company to be released. The final option is that they deny your bond. In Fulton County, in most drug cases, bond is set at first appearance.

Once you are released from the Fulton County jail, please ask any person who was with you that night to write out a statement of what they remember happening the night of the arrest. This could be helpful in preparing for the motions hearing and trial in Fulton County. It is also important for you to write out a statement of anything you remember regarding the incident. Only give this statement to your attorney.

It is important that you hire an attorney quickly as there are tight deadlines on filing a Motion to Suppress which is a constitutional challenge to the drug evidence. Most drug cases are either won or lost at the Motions hearing. If you wait too long, you will be unable to file a Motion to Suppress.

Being convicted of a felony drug offense in Fulton County carries many consequences, including, but not limited to, a felony drug conviction on your record, loss of gun rights, loss of voting rights and has a detrimental impact on your securing a loan from a bank or employment.

You are welcome to call us 24/7 at 404-581-0999 and we will be there with you for your First Appearance hearing at the Fulton County jail.

Being charged with Rape in Newton County

Rape is a serious crime in the State of Georgia. If you are arrested or under investigation, in Newton County, for rape, please do not make any statements to the police. It is imperative that you retain a qualified attorney immediately if you are being accused of rape. The Newton County District Attorney’s office zealously prosecutes these cases and they are very prepared. Many allegations of rape are false. Even if you know the allegation of rape against you is made up, you still must take it very seriously and aggressively defend yourself.

If you are arrested, you will be on the calendar the following morning for First Appearance. At this hearing, the Newton County Magistrate Judge will read the warrants to you. They then might consider bond depending on the allegations but will likely deny bond in a rape case. You will then need to file a motion for a formal bond hearing in Newton Superior Court and a preliminary hearing in magistrate court. These hearings take place at the Newton County Courthouse in downtown Covington, Georgia. It is crucial to get an attorney retained to be at the First Appearance hearing at the Newton County jail.

O.C.G.A. § 16-6-1 defines rape as follows:

When someone has carnal knowledge of (1) a female forcibly and against her will, or (2) a female who is less than 10 years of age. Carnal knowledge is any penetration of the female sex organ by the male sex organ. Against her ill means without consent. Forcibly means acts of physical force, threats of death or bodily harm, or mental coercion such as intimidation.

The elements that Newton County District Attorney’s office must prove to convict you are 1) penetration, 2) force, and 3) against her will. Physical injury is not an element.

The Newton County Superior Court has 5 judges. All are very fair and will give you a fair trial. The Superior Court Judges are Chief Judge John Ott, Judge Chevada McCamy, Judge Layla Zon, Judge Jeffrey Foster and Judge Kendall Wynne.

It is imperative that you do not walk into court on a rape charge in Newton County either without a lawyer or with a lawyer who does not handle sex crimes. Rape cases are very difficult to defend and require someone with the knowledge and experience to defend them.

The punishment for rape is a mandatory 25 years to life in prison. You need to put everything you have into the trial to win. Do not rely on an appeal to be successful. You must win your rape trial to avoid spending the rest of your life in prison.

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. Our office is in downtown Atlanta.

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.

Rape in Henry County

Rape is a serious crime in the State of Georgia. If you are arrested or under investigation, in Henry County, for rape, please do not make any statements to the police. It is imperative that you retain a qualified attorney immediately if you are being accused of rape. The Henry County District Attorney’s office zealously prosecutes these cases and they are very prepared. Many allegations of rape are false. Even if you know the allegation of rape against you is made up, you still must take it very seriously and aggressively defend yourself.

If you are arrested, you will be on the calendar the following morning for First Appearance. At this hearing, the Henry County Magistrate Judge will read the warrants to you. They then might consider bond depending on the allegations but will likely deny bond in a rape case. You will then need to file a motion for a formal bond hearing in Superior Court and a preliminary hearing in magistrate court. These hearings take place at the Henry County Courthouse in downtown McDonough, Georgia. It is crucial to get an attorney retained to be at the First Appearance hearing at the Henry County jail.

O.C.G.A. § 16-6-1 defines rape as follows:

When someone has carnal knowledge of (1) a female forcibly and against her will, or (2) a female who is less than 10 years of age. Carnal knowledge is any penetration of the female sex organ by the male sex organ. Against her ill means without consent. Forcibly means acts of physical force, threats of death or bodily harm, or mental coercion such as intimidation.

The elements that District Attorney must prove to convict you are 1) penetration, 2) force, and 3) against her will. Physical injury is not an element.

The Henry County Superior Court has 3 judges. All are very fair and will give you a fair trial. The Superior Court Judges are Judge Brian Amero, Judge Holly Veal and Judge Pandora Palmer.

It is imperative that you do not walk into court on a rape charge in Henry County either without a lawyer or with a lawyer who does not handle sex crimes. Rape cases are very difficult to defend and require someone with the knowledge and experience to defend them.

The punishment for rape is a mandatory 25 years to life in prison. You need to put everything you have into the trial to win. Do not rely on an appeal to be successful. You must win your rape trial to avoid spending the rest of your life in prison.

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. Our office is in downtown Atlanta.

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.

Marijuana Edibles and THC Cartridge Charges in Georgia

If you have been charged in Georgia with marijuana edibles or a THC cartridge here is what you need to know to prepare yourself for court.

 

Edible forms of cannabis, including THC ladened gummies (i.e. gummy bears), cookies, brownies, honey sticks, Rice Krispy treats, chocolate bars, sodas, lozenges, and capsules, are all illegal in Georgia. All marijuana edibles contain a significant amount of tetrahydrocannabinol (THC). THC edibles in Georgia, even those consumed for recreational and medical purposes, are illegal. Similarly, all electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or weed pen with a THC vapor cartridge is illegal under Georgia law.

 

Under Georgia law, extracting marijuana oil out of the plant-based material makes the crime of possession a felony offense. The punishment you can face for possessing marijuana edibles or a THC vape pen are described at the bottom of this article.

THC is the psychopharmacologically active component of the cannabis plant. Most THC exists in the form of an isomer known as delta-9-THC, but somewhat less than ten percent of naturally occurring THC is of the delta-8 isomer. Both delta-8-THC and delta-9-THC produce a psychological effect. They are found in all cannabis plants, and they are not known to exist elsewhere in nature. Concentrations of THC can be produced in two ways, either by chemically extracting it from the cannabis plant or by synthesizing it in the laboratory. A simple procedure, using organic solvents to remove the THC from cannabis, can produce an oily substance variously known as “hash oil,” “marijuana oil,” or “liquid marijuana.” THC thus extracted “is not marijuana; it is tetrahydrocannabinol. It is the extract, the pure compound from the drug.

 

Edibles, most commonly cannabidiol or CBD, with very little THC are illegal in Georgia.  Under Georgia’s strict laws regarding the use or possession of any product that has THC extracted from the plant (or where no plant fibers are present) is a serious charge.  The lone exception is for prescribed THC oil where you have a Georgia prescription.  Once you obtain a Georgia THC card, Georgia allows you to possess 20 fluid ounces of low THC oil within the state of Georgia.  However, the law requires that the low THC oil be “in a pharmaceutical container labeled by the manufacturer indicating the percentage of tetrahydrocannabinol therein,” be less than 5 percent tetrahydrocannabinol by weight, and that the amount of oil in the container – or containers – not exceed 20 fluid ounces total.  Ironically, the “standard dose” in recreational THC use is considered 10 mg over a five-hour period.

 

The crimes relating to the possession or sale of marijuana are set forth in the Georgia Controlled Substances Act Title 16 Chapter 13.  Under OCGA § 16-13-21(16) marijuana is specifically defined as:

 

all parts of the plant of the genus Cannabis, whether growing or not, the seeds thereof, the resin extracted from any part of such plant, and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin; but shall not include samples as described in subparagraph (P) of paragraph (3) of Code Section 16-13-25 and shall not include the completely defoliated mature stalks of such plant, fiber produced from such stalks, oil, or cake, or the completely sterilized samples of seeds of the plant which are incapable of germination.

 

OCGA §16-13-30:(3)(P), was changed by the Georgia legislature to provide:

 

Tetrahydrocannabinol, tetrahydrocannabinolic acid, or a combination of tetrahydrocannabinol and tetrahydrocannabinolic acid which does not contain plant material exhibiting the external morphological features of the plant of the genus Cannabis, but not including such substance when found in hemp or hemp products.

 

Penalties for Weed Edibles is located in OCGA § 16-13-30:

There are three basic tiers of punishment and they are all determined by the total weight of the substance.  Note there is a difference between the weight of a solid substance (gummy) and the weight of a liquid (vape cartridge).

Tier 1:

  • Less than one gram of solid substance.
  • Less than one milliliter of liquid substance.
  • Placed into a secondary medium with a combined weight of less than one gram.
  • Range of punishment is one to three years.

Tier 2:

  • At least one gram, but less than four grams of solid substance.
  • At least one milliliter of liquid substance, but less than four milliliters.
  • Placed into a secondary medium with the combined weight of more than one gram, but less than four grams.
  • Range of punishment is one to eight years.

Tier 3:

  • At least four grams, but less than twenty-eight grams of solid substance.
  • At least four milliliters of liquid substance, but less than twenty-eight milliliters.
  • Placed into a secondary medium with the combined weight of more than four grams, but less than twenty-eight grams.
  • Range of punishment is one to fifteen 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. Our office is in downtown Atlanta.

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.