Blog Posts in 2011

Theft by Shoplifting, Cont.'d

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 ...
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Theft by Shoplifting

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 ...
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Convicted Felons, First Offender Probationers, and Possession of Firearms

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 ...
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Possession of Less Than An Ounce of Marijuana

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 ...
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Automobile Exception

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 ...
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Warrantless Searches

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 ...
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Felony Obstructing or Hindering Law Enforcement Officers

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 ...
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Obstruction of a Law Enforcement Officer Part Two

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 ...
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Obstruction of a Law Enforcement Officer

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 ...
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Giving False Name or Information

Giving False Name or Information to a Law Enforcement Officer is commonly charged as an addition to other charges. O.C.G.A. 16-10-25 lays out the elements for Giving False Name or Information. ...
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Frequently Asked Questions

Today I've decided to answer some frequently asked questions by individuals recently arrested and looking to hire a criminal defense attorney. What is a misdemeanor? A misdemeanor is a lesser ...
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Theft by Taking

O.C.G.A. § 16-8-1 begins the Georgia code section designated to cover theft crimes. Crimes in this area include theft by deception, theft by taking, theft by receiving among several more. Today I ...
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Administrative License Suspension

The Georgia Department of Driver Services will seek to suspend your driver's license for one full year upon a refusal to submit to a state administered chemical sobriety test. It is utterly ...
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Simple Battery

Battery is one of the most frequently charged crimes against the person. The Official Code of Georgia, O.C.G.A., divides Battery into three different categories, simple battery, battery, and ...
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Possession and The Equal Access Rule

O.C.G.A. 16-13-30 controls punishment regarding controlled substances, including, but not limited to, manufacturing, distributing, selling, and purchasing controlled substances. Nonetheless, the most ...
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A Reasonable Bond Amount

The Law has provided for an incarcerated individual to be released on bond under particular circumstances. Bonds are routinely granted on misdemeanor and in less serious felony offenses. In cases ...
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I've been arrested, when will I be Indicted?

After an arrest, a particular point of confusion for many people is how long will it take before they have their day in court or get their case resolved. The speed of the criminal process is ...
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Welcome to our Criminal Defense Blog

We are pleased to announce the launch of our Criminal Defense Blog with an RSS feed available at /Blog/Entire-Blog-Feed/RSS.xml
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