Recent Blog Posts

First Appearance

Lawrenceville Criminal Defense Attorney — Sun, 10 Feb 2013 03:03:00 GMT

After a new arrest, Georgia rules require that an in custody Defendant be presented before a Magistrate for a First Appearance. Rule 26.1 of the Uniform Superior Court Rules of Georgia states specifically that "Immediately following any arrest but not later than 48 hours if the arrest was without a warrant, or 72 hours following an arrest with a warrant, unless the accused has made bond in the meantime, the arresting officer or the law officer having custody of the accused shall present the accused in person before a magistrate or other judicial officer for first appearance."

Rule 26.1 further sets out that the Magistrate shall summarily inform the Defendant:1) of the charges, 2) the right to remain silent, 3) the right to the presence and advice of an attorney, either retained or appointed 4) Set the amount of bail.

First Apperance is only given to in custody Defendants. A Defendant that is out on bond, will not get a First Appearance at a later time. If you've been arrested in Gwinnett, DeKalb, Cobb, Clayton, or Fulton County call our office. The consultation is free. The State has Prosecutors working to build their case against you. It is important to have a skilled criminal defense attorney working to defend you! Call the Law Office of Robert L. Booker today, and let us discuss your case with you.

Georgia's Implied Consent Law

Law Offices of Robert L. Booker — Mon, 24 Sep 2012 17:17:00 GMT

Driving is a Privilege, Not a Right

Whenever we jump in the car to pick up our kids from school, run to the grocery store, stop by the bank and run our constant errands, we never stop to think about the possibility of not having any means of transportation. What if you didn't have a valid license? It is important to remember that in the United States, driving is a privilege and not a right and it can be take away from you. This is especially relevant in the state of Georgia, under the "Implied Consent Law." Under this statute, if you are pulled over under suspicion of drunk driving or driving under the influence of drugs, and you refuse to submit to a chemical test then your license can be automatically suspended. Simply by having a Georgia driver's license, you have already given your implied consent and by failing to comply, you can receive harsher punishments for your DUI charges.

Many drivers refuse to cooperate and take a breath, blood or urine test so that law enforcement officials will have a more difficult time convicting them and gathering evidence to charge them with DUI. This behavior in fact, can cause more harm than good for you case. By refusing a chemical test, the courts believe that you are admitting guilt and you have something to hide. Law enforcement officials are trained to determine sobriety in other ways, they will check the dilation of your pupils, conduct field sobriety tests, and smell the hints of alcohol in your breath.

Field sobriety tests are physical demonstrations that test your balance and coordination abilities. If you are under the influence however, these simple tests become much more difficult to perform. Walking in a straight line or balancing on one leg could help peace officers determine you sobriety but they are not always accurate. If you have been arrested for DUI and refused a chemical test, I urge you to contact a DUI defense lawyer immediately and begin taking up the proper legal protection. Your license may be automatically suspended and you need to fight for your right to drive.

The Georgia courts will make it a point to penalize anyone who fails to comply and cooperate under the Implied Consent Law. That is why you need hard-hitting defense fighting in your corner to help protect against the tough prosecution. Our legal team at the Law Offices of Robert L. Booker will fight vigorously to have your charges reduced or reduced completely. We may be able to find loopholes and flaws within the prosecutor's defense and have the evidence against you deemed inadmissible. Our firm will protect your rights and your best interests. Contact our Lawrenceville office today for qualified defense you can trust with your DUI charges.

Security Cameras to be Installed in Liquor Stores?

Law Offices of Robert L. Booker — Wed, 15 Aug 2012 23:28:00 GMT

Due to the high risk of robbery in Georgia liquor stores, some people are considering passing a law that will require most if not all of the liquor stores in central Georgia to install security cameras. This would be a precautionary measure or insurance policy if you will, for law enforcement officials to have a better chance of catching any criminals stealing from these establishments. This way footage is available as evidence in the event of a crime. There many also be potential inspections every month where the police would go in and inspect the cameras to ensure that they are functioning properly.

On Monday they held the first city council hearing on the matter in Bryan County, Georgia. The idea is being considered only for the liquor stores that sell alcohol packaged to go. More information will be known soon as they are voting on this proposal next month.

Stealing is against the law and a conviction will come with severe penalties and lasting consequences. If you are facing criminal charges in Georgia you must act quickly, contact Attorney Booker as soon as possible.

Georgia Man Facing Death Penalty

Law Offices of Robert L. Booker — Fri, 10 Aug 2012 21:45:00 GMT

On Monday July 23, 2012 in Jackson, Georgia an convicted inmate was facing the death penalty and was scheduled to be executed at 7p.m. His attorney however, was able to persuade the State High Court that to consider a stay in hopes that they would consider his appeal. The Attorney then proposed that the defendant was mentally unstable and that in the State of Georgia it is immoral and cruel and unusual punishment to execute a mentally handicapped person. Georgia however, is known for having strict laws and standards on this matter. In fact, Georgia probably has the toughest regulations in the U.S. in order to prove beyond a reasonable doubt that someone is mentally unstable.

The State court believes that the defendant's lawyer was unable to prove his insanity and they also denied his request to reconsider a challenge on the matter. The attorney now plans to take the issue to the U.S. Supreme Court to see if they will find the accused mentally unstable. The defendant was serving out his life sentence in prison for shooting and killing his girlfriend who was eighteen at the time. The inmate was later convicted of a second charge on August 17, 1990 for the murder of another inmate. Correctional officers and other witnesses testified that the defendant crept up on the victim in his sleep and began beating him repeatedly with a board in the face and upper body. The jury then decided that the 52-year-old inmate deserved the death penalty. Ever since, his story has received national disclosure because of Georgia's tough laws concerning death row inmates.

This defendant in particular would have been the first to be executed since Georgia's laws have changed regarding court-ordered death sentences. Before, the state would give them pentobarbital to sedate the inmates and then they would inject pancuronium bromide so that they would then be paralyzed and not feel anything. Lastly, they would give them potassium chloride which would ultimately stop their heart. Now it is now in affect that there will be just one lethal dose of a single drug instead of three separate injections.

If you are facing murder or any other criminal charge we urge you to contact a criminal defense attorney in your area. The Law Offices of Robert L. Booker defends clients in Lawrenceville, Lilburn and all throughout Gwinnett County, GA.

Probation: Terms and Conditions

Lawrenceville Criminal Defense Attorney — Wed, 08 Feb 2012 17:28:00 GMT

In addition to placing a Defendant on a probated sentence, the Court will apply specific terms for the Defendant to comply with for the duration of the sentence. A probation officer is assigned to the Defendant to confirm that the Defendant is compliant with the conditions of probation, and to report to the Court if the Defendant is not compliant. Generally, the Defendant will meet with the probation officer once per month. Oftentimes, the Defendant will be required to take a drug test during the meeting with the probation officer.

Official Code of Georgia Annotated (O.C.G.A.) § 42-8-35 provides some suggested probation terms, which the Court will generally follow. O.C.G.A. § 42-8-35 states that the Court may impose terms and conditions such as :
(1) Avoid injurious and vicious habits;
(2) Avoid persons or places of disreputable or harmful character;
(3) Report to the probation supervisor as directed;
(4) Permit the supervisor to visit the probationer at the probationer's home or elsewhere;
(5) Work faithfully at suitable employment insofar as may be possible;
(6) Support the probationer's legal dependents to the best of the probationer's ability;
(7) Violate no local, state, or federal laws and be of general good behavior;
(8) Agree to waive extradition from any jurisdiction where the probationer may be found and not contest any effort by any jurisdiction to return the probationer to this state;
(9) Submit to evaluations and testing relating to rehabilitation and participate in and successfully complete rehabilitative programming as directed by the department.

The Court's discretion in setting the terms and conditions of probation should be designed to assist the Defendant in living a life in conformity with the law. If you have been arrested for a violation of probation in Gwinnett, DeKalb, Cobb, Barrow, or Walton County, call the Law Office of Robert L. Booker, P.C. The consultation is free.

Probation

Lawrenceville Criminal Defense Attorney — Mon, 06 Feb 2012 19:56:00 GMT

Over the next few posts, I will be providing general information regarding probation, including probation revocation, in Georgia Courts. Under Georgia law, a Court may suspend a Defendant's sentence or place him or her on probation.

The Official Code of Georgia Annotated, O.C.G.A., § 42-8-34 (c), states "if it appears to the court upon a hearing of the matter that the defendant is not likely to engage in a criminal course of conduct and that the ends of justice and the welfare of society do not require that the defendant shall presently suffer the penalty imposed by law, the court in its discretion shall impose sentence upon the defendant but may stay and suspend the execution of the sentence or any portion thereof or may place him on probation under the supervision and control of the probation supervisor for the duration of such probation."

Although the Court has discretion to place a Defendant on probation, the Court is limited to placing the Defendant on probation by the maximum sentence possible in confinement. In other words, the Judge is limited to the maximum sentence when determining how much probation to place the Defendant on. Probation is intended to provide the Defendant with a chance to rehabilitate, a chance to prove him or herself. The sentencing Judge maintains jurisdiction over the Defendant for the duration of the probation sentence.

If you have been arrested or facing a probation revocation in Gwinnett, DeKalb, Cobb, Barrow, or Walton County, call the Law Office of Robert L. Booker, P.C. The consultation is free.

Theft by Shoplifting, Cont.'d

Lawrenceville Criminal Defense Attorney — Tue, 09 Aug 2011 23:21:00 GMT

In our last discussion, we talked about Theft by Shoplifting contained in O.C.G.A. 16-8-14. We discussed that in Georgia, Theft by Shoplifting can be charged as a felony or misdemeanor. Generally, the value of the item alleged to be taken determines whether the Theft by Shoplifting charge will be classified as a felony or misdemeanor. The retail value of the item is the standard used when determining the value of an item.

As an example, one sunny afternoon, Paul Peerpressure is bored and goes shopping at XYZ store with friends. Paul falls into the influence of his friends and decides to the the latest fashionable item, and places it in his back pack. Unbeknownst to Paul, XYZ store surveillance is observing him on camera. As Paul approaches the cash register, he is approached by an XYZ store manager regarding the item in his back pack. Paul is caught with XYZ merchandise in his back pack, and the local police are called in to make an arrest. The retail value of the XYZ merchandise is $450.00. Paul Peerpressure is charged with felony theft by shoplifting, and upon conviction may be sentenced to 1 to 10 years in custody.

Alternatively, a conviction of a fourth or subsequent Theft by Shoplifting allegation is classified a felony, even if the retail value of the item is less than $300.00. If you've been arrested for Theft by Shoplifting, call theLaw Office of Robert L. Booker, P.C. today. We will provide you with a thorough and honest evaluation of the facts of your case. Consultations are free.

Theft by Shoplifting

Lawrenceville Criminal Defense Attorney — Sun, 07 Aug 2011 02:01:00 GMT

A large portion of alleged misdemeanor crimes involve theft by shoplifting. O.C.G.A. § 16-8-14 defines the elements necessary to prove theft by shoplifting. O.C.G.A. § 16-8-14 (a) states in essence that a person commits the offense of theft by shoplifting when he alone or with the help of someone else with the intent of appropriating merchandise to his own use without paying for the same or to deprive the owner of possession or of the value thereof, in whole or in part does any of the following:

Conceals or take possession of goods at a store or retail establishment
Alters the price tag or other price marking
Transfers the goods or merchandise from one container to another
Interchanges labels or price tags from one item to another
Wrongfully causes the amount paid to be less than the merchant's stated price

In general, if an individual is convicted for shoplifting an item with a value greater than $300.00, the conviction carries a felony sentence of one to ten years. If the value of the item is less than $300.00, the conviction carries a misdemeanor sentence. In many cases, other alternatives are available, such as pretrial diversion, which may be offered in lieu of a guilty plea. If you've been arrested for shoplifting, call the Law Office of Robert L. Booker, P.C. today. We will thoroughly review the facts of your case, and honestly discuss with you all available options in resolving your case. Call today!

Convicted Felons, First Offender Probationers, and Possession of Firearms

Lawrenceville Criminal Defense Attorney — Wed, 27 Jul 2011 01:33:00 GMT

The Second Amendment of the United States Constitution provides the foundation for our right to bear arms. The United States Supreme Court has interpreted this to mean that we have a right to possess firearms. In Georgia, if you've been convicted as a felon by any court, within the state of Georgia, or courts within the United States, you may no longer possess a firearm. Additionally, if you are a First Offender Probationer as a result of a felony charge, you may not possess a firearm during the term of your probation.

O.C.G.A. 16-11-131 lays out the relevant law regarding possession of firearms by convicted felons and felony First Offender probationers. O.C.G.A. 16-11-131 states in essence that any person on probation as a felony First Offender pursuant to Article 3 of Chapter 8 of Title 42 or has been convicted of a felony and who RECEIVES, POSSESSES, OR TRANSPORTS ANY FIREARMS commits a felony, and upon conviction thereof, shall be imprisoned for one to five years. If a forcible felony, then a conviction shall bring imprisonment for a period of five years.

For the purposes of this section, O.C.G.A. defines a firearm as any handgun, rifle, shotgun, or other weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge. In our next discussion, I will delve more into this subject area. If you've been arrested for Possession of a Firearm by a Convicted Felon or First Offender probationer, call the Law Office of Robert L. Booker, P.C. today. We will provide you with a thorough evaluation of your case, and discuss with you with options for effectively defending your case.

Possession of Less Than An Ounce of Marijuana

Lawrenceville Criminal Defense Attorney — Fri, 22 Jul 2011 00:46:00 GMT

O.C.G.A. 16-13-2 defines the penalties for the commonly charged offense of Possession of Less Than An Ounce of Marijuana. O.C.G.A. 16-13-2 (b) states in essence that any person charged with possession of marijuana, of one ounce or less, shall be guilty of a misdemeanor and punished by imprisonment for a period not to exceed 12 months or a fine not to exceed $1,000.00, or BOTH, or public works, not in excess of 12 months. Not only can a conviction for Possession of Less Than an Ounce of Marijuana result in confinement, but it can also impact secondary areas.

Many people are not aware that a guilty conviction for Possession of Less Than An Ounce of Marijuana will also impact your Georgia Driver's license. A conviction for Possession of Less Than An Ounce of Marijuana can result in a suspension of your driver's license even if you are not operating a vehicle at the time of the arrest. Even for a first time offense, your driver's license could be suspended for 180 days. Additionally, you could be required to attend a drug and alcohol education class.

Fortunately, depending on the facts of your arrest, there may be defenses to your charge of Possession of Less Than An Ounce of Marijuana and several ways to plead to avoid a criminal conviction on your record or impact your driving privileges. If you've been arrested for Possession of Marijuana, call the Law Office of Robert L. Booker, P.C. We will thoroughly review the facts of your case, and provide you will all available options under the law.

Automobile Exception

Lawrenceville Criminal Defense Attorney — Fri, 15 Jul 2011 03:17:00 GMT

In our last discussion, we talked about some of the exceptions that permit law enforcement to gather admissible evidence during a warrantless search. One of the most common questions I get is regarding the search of an automobile. The automobile exception constitutionally permits the law enforcement officer to search the automobile without a warrant if the officer has probable cause to believe the automobile contains contraband or evidence of a crime, and circumstances exist making the normal warrant procedure impractical. The courts look at the totality of the circumstances when considering whether a law enforcement officer had probable cause to do a warrantless automobile search. The courts have ruled that probable cause to search an automobile is present when the facts and circumstances before the officer would lead a reasonably discreet and prudent person to believe that the contents of the automobile would be unlawful.

An example that plays out on a daily basis is the law enforcement officer that stops the individual for a brake light violation and happens to smell marijuana when he or she approaches the vehicle. For example, Larry Law Enforcement pulls over Charlie Cannabis because his license plate bulb is not illuminated. As Larry approaches the car, his "well-trained nose" smells the odor of burnt marijuana in the air. Chris Cannabis rolls down the window and marijuana smoke bellows out of the car and he's placing what appears to Larry as a marijuana joint in the ashtray. Larry, under these circumstances, will generally have probable cause to search Chris Cannabis' car, without seeking a warrant. If you've been arrested and need legal advice, call the Law Office of Robert L. Booker, P.C. today. We will thoroughly review your case, and discuss any defenses you may have.

Warrantless Searches

Lawrenceville Criminal Defense Attorney — Tue, 12 Jul 2011 02:04:00 GMT

A common public misconception is that law enforcement officersalways need a warrant to conduct a search and collect admissible evidence. The Fourth Amendment to the United States Constitution protects your rights against unreasonable searches and seizures. In essence, the Fourth Amendment states the people have the right to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, and that no warrants shall be issued, but with probable cause, supported by an oath or affirmation, and stating with specificity the place to be searched, and the persons or things to be seized.

There are several general exceptions to the requirement for a warrant though. In this discussion, I will provide a general overview, but I will discuss each of the exceptions in depth, in the future. The basic exceptions to the warrant requirement include the following:

As a search incident to arrest
Consent
Automobile search
Inventory search
Terry "Stop and Frisk"
Exigent Circumstances
Plain View
Special needs

Each of the above general exceptions to the warrant requirement, have to be supported based on the circumstances. For instance, Larry Law Enforcement is in hot pursuit of Billy Bad Guy, a known felon. Billy Bad Guy runs into his house, and Larry Law Enforcement runs in after him. Billy Bad Guy has stacks of cocaine and drug paraphernalia lying on the coffee table. During hot pursuit, evidence of a crime discovered while searching for the suspect is admissible. This is an elementary example of the plain view exception. If you have questions surrounding your recent arrest in Gwinnett, Barrow, Walton, DeKalb, or the surrounding area, call the Law Office of Robert L. Booker, P.C. today.

Felony Obstructing or Hindering Law Enforcement Officers

Lawrenceville Criminal Defense Attorney — Fri, 08 Jul 2011 18:02:00 GMT

In the last few discussions, we have talked about obstruction of a law enforcement officer, specifically misdemeanor obstruction. O.C.G.A. § 16-10-24 (b) covers felony obstruction of a law enforcement officer. O.C.G.A. § 16-10-24 (b) provides in essence that whoever knowlingly and willfully resists, obstructs, or opposes any law enforcement in the lawful discharge of his official duties by offering or doing violence to the person of such officer is guilty of a felony. A conviction for felony obstruction of a law enforcement officer may be punished by imprisonment of as little as one, or as much as five years.

An essential element of felony obstruction is that the officer is acting in the lawful discharge of his or her duties. Additionally, the defendant must have knowledge that the officer was acting in his or her official character. Basically the defendant has to know that the person trying to arrest them is acting as on duty law enforcement officer. The major element that sets apart felony obstruction is the offering or doing violence facet.

Certain forms of speech can be constituted as offering to do violence. Although mere disagreement or argument is generally not considered felony obstruction, verbal threats will likely support an arrest for felony obstruction. In addition to verbal threats, physical violence toward an officer, i.e. pushing and shoving, can also support an arrest for felony obstruction of a law enforcement officer. If you've been arrested, call the Law Office of Robert L. Booker, P.C. today. We will thoroughly review the facts of your case and provide you with any defenses or mitigating factors you may have.

Obstruction of a Law Enforcement Officer Part Two

Lawrenceville Criminal Defense Attorney — Tue, 05 Jul 2011 00:33:00 GMT

In the last blog, we began discussing felony and misdemeanor obstruction of a law enforcement officer, under O.C.G.A. 16-10-24. The key difference between misdemeanor and felony obstruction is that misdemeanor obstruction does not have force or violence as an element. As we previously discussed regarding a Giving False Name or Information charge, an officer must be in the lawful discharge of his or her official duties in order for a proper conviction of obstruction of a law enforcement officer.

An example of misdemeanor obstruction is Officer Smith is dispatched on a 911 call regarding a stolen stereo system. Officer Smith sees, fictional character, Ted walking in the vicinity of the alleged theft and Ted has his hands full of stereo equipment. Additionally, Ted matches the description of the suspect given by the 911 dispatcher. Officer Smith pulls over and instructs Ted to halt. Ted immediately throws down the stereo equipment and makes a run for it. When as stated in the above example, an officer has a reasonable articulable suspicion, instructs the suspect to stop, and the suspect flees, the basic elements of misdemeanor obstruction are met. Nevertheless, if the elements are met, there are still possible defenses available.

For example, Bill sees Officer Smith driving down the street. Officer Smith, seeing Bill run, decides to pursue Bill, and never instructs Bill to halt. Provided Officer Smith has no probable cause for an arrest, and an obstruction conviction is not proper. A charge for Obstruction or Hindering a law enforcement officer can be complex. Call the Law Office of Robert L. Booker, P.C. today and let us review the facts of your case.

Obstruction of a Law Enforcement Officer

Lawrenceville Criminal Defense Attorney — Sun, 03 Jul 2011 02:39:00 GMT

Obstruction of a law enforcement officer is a fertile topic, and we'll spend the next two or three discussions dealing with this area. Today we will discuss the basic elements of the law, and subsequently I will give you some examples and possible defenses.

Obstruction of a Law Enforcement Officer can be charged as a misdemeanor or as felony. O.C.G.A. 16-10-24(a) describes the elements of misdemeanor obstruction of a law enforcement officer, whereas 16-10-24(b) covers the felony elements. O.C.G.A. 16-10-24(a) states in essence that a misdemeanor occurs when a person knowingly and willfully obstructs or hinders any law enforcement officer in the lawful discharge of his official duties.

Alternatively, O.C.G.A. 16-10-24(b) states in essence whoever knowingly and willfully resists, obstructs, or opposes any law enforcement officer in the lawful discharge of his official duties by offering or doing violence to the person of such officer or legally authorized person is guilty of a felony and shall upon conviction be imprisoned for not less than one nor more than five years. The key difference in felony obstruction versus misdemeanor obstruction is the offering or doing violence element. A common misconception with felony obstruction is that the officer must have been injured in some way. The Georgia Court of Appeals has ruled that injury to the officer is not required to charge felony obstruction.

In the next few posts, I will get more in depth in providing examples of obstruction, as well as possible defenses. If you've been charged with a crime, call the Law Office of Robert L. Booker, P.C. today!