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10 Day Letter - Click here to view all posts
The latest posts for 10 Day Letter are listed below.
  • 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 ...
16-13-2 - Click here to view all posts
The latest posts for 16-13-2 are listed below.
  • 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 ...
16-8-14 - Click here to view all posts
The latest posts for 16-8-14 are listed below.
  • 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 ...
  • 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 ...
Administrative License Suspension - Click here to view all posts
The latest posts for Administrative License Suspension are listed below.
  • 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 ...
Automobile Search - Click here to view all posts
The latest posts for Automobile Search are listed below.
  • 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 ...
Battery - Click here to view all posts
The latest posts for Battery are listed below.
  • Georgia Man Facing Death Penalty
    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 ...
Burglary - Click here to view all posts
The latest posts for Burglary are listed below.
  • Second Degree Burglary
    Second degree burglary differs from First degree burglary in definition and in sentence range. OCGA 16-7-1 (c) states: A person commits the offense of burglary in the second degree when, without ...
Convicted Felon - Click here to view all posts
The latest posts for Convicted Felon are listed below.
Criminal Defense - Click here to view all posts
The latest posts for Criminal Defense are listed below.
  • Second Degree Burglary
    Second degree burglary differs from First degree burglary in definition and in sentence range. OCGA 16-7-1 (c) states: A person commits the offense of burglary in the second degree when, without ...
  • Talk About Stiffening the DUI BAC Level
    Many people are abuzz wondering whether or not drunk driving standards will get tougher in their state. These concerns have been brought to the surface ever since the National Transportation Safety ...
  • Probation: Terms and Conditions
    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 ...
DUI - Click here to view all posts
The latest posts for DUI are listed below.
  • Talk About Stiffening the DUI BAC Level
    Many people are abuzz wondering whether or not drunk driving standards will get tougher in their state. These concerns have been brought to the surface ever since the National Transportation Safety ...
  • Georgia's Implied Consent Law
    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 ...
  • 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 ...
Equal Access Rule - Click here to view all posts
The latest posts for Equal Access Rule are listed below.
  • 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 ...
Exigent Circumstances - Click here to view all posts
The latest posts for Exigent Circumstances are listed below.
  • 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 ...
  • 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 ...
False Name or Information - Click here to view all posts
The latest posts for False Name or Information are listed below.
  • 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 ...
  • 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. ...
Family Violence Battery - Click here to view all posts
The latest posts for Family Violence Battery are listed below.
  • Georgia Man Facing Death Penalty
    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 ...
Felony - Click here to view all posts
The latest posts for Felony are listed below.
  • Georgia Man Facing Death Penalty
    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 ...
  • 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 ...
  • 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 ...
First Degree Burglary - Click here to view all posts
The latest posts for First Degree Burglary are listed below.
  • Second Degree Burglary
    Second degree burglary differs from First degree burglary in definition and in sentence range. OCGA 16-7-1 (c) states: A person commits the offense of burglary in the second degree when, without ...
  • First Degree Burglary
    The Official Code of Georgia Annotated currently provide two forms of Burglary. The first one we will discuss is first-degree Burglary. The official code of Georgia annotated provides in section ...
First Offender - Click here to view all posts
The latest posts for First Offender are listed below.
  • First Degree Burglary
    The Official Code of Georgia Annotated currently provide two forms of Burglary. The first one we will discuss is first-degree Burglary. The official code of Georgia annotated provides in section ...
  • 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 ...
First Offender Probationer - Click here to view all posts
The latest posts for First Offender Probationer are listed below.
Fourth Amendment - Click here to view all posts
The latest posts for Fourth Amendment are listed below.
  • 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 ...
Hindering - Click here to view all posts
The latest posts for Hindering are listed below.
  • 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 ...
  • 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 ...
  • 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 ...
Home Invasion - Click here to view all posts
The latest posts for Home Invasion are listed below.
  • Second Degree Burglary
    Second degree burglary differs from First degree burglary in definition and in sentence range. OCGA 16-7-1 (c) states: A person commits the offense of burglary in the second degree when, without ...
Less Than An Ounce of Marijuana - Click here to view all posts
The latest posts for Less Than An Ounce of Marijuana are listed below.
  • 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 ...
Misdemeanor - Click here to view all posts
The latest posts for Misdemeanor are listed below.
  • 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 ...
  • 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 ...
  • 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 ...
murder - Click here to view all posts
The latest posts for murder are listed below.
  • Georgia Man Facing Death Penalty
    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 ...
O.C.G.A. 16-11-131 - Click here to view all posts
The latest posts for O.C.G.A. 16-11-131 are listed below.
O.C.G.A. 42-8-34 - Click here to view all posts
The latest posts for O.C.G.A. 42-8-34 are listed below.
  • Probation
    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 ...
O.C.G.A. 42-8-35 - Click here to view all posts
The latest posts for O.C.G.A. 42-8-35 are listed below.
  • Probation: Terms and Conditions
    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 ...
Obstruction - Click here to view all posts
The latest posts for Obstruction are listed below.
  • 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 ...
  • 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 ...
  • 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 ...
Plain View - Click here to view all posts
The latest posts for Plain View are listed below.
  • 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 ...
Possession - Click here to view all posts
The latest posts for Possession are listed below.
  • 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 ...
  • 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 ...
  • 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 ...
Possession of Firearm - Click here to view all posts
The latest posts for Possession of Firearm are listed below.
PreIndictment - Click here to view all posts
The latest posts for PreIndictment are listed below.
  • First Appearance
    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 ...
Pretrial - Click here to view all posts
The latest posts for Pretrial are listed below.
  • First Appearance
    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 ...
Probation - Click here to view all posts
The latest posts for Probation are listed below.
  • Probation: Terms and Conditions
    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 ...
  • Probation
    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 ...
Search and Seizure - Click here to view all posts
The latest posts for Search and Seizure are listed below.
  • 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 ...
  • 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 ...
Search Warrant - Click here to view all posts
The latest posts for Search Warrant are listed below.
  • 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 ...
Second Degree Burglary - Click here to view all posts
The latest posts for Second Degree Burglary are listed below.
  • Second Degree Burglary
    Second degree burglary differs from First degree burglary in definition and in sentence range. OCGA 16-7-1 (c) states: A person commits the offense of burglary in the second degree when, without ...
Theft - Click here to view all posts
The latest posts for Theft are listed below.
  • Security Cameras to be Installed in Liquor Stores?
    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 ...
  • 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 ...
  • 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 ...
Theft By Shoplifting - Click here to view all posts
The latest posts for Theft By Shoplifting are listed below.
  • Security Cameras to be Installed in Liquor Stores?
    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 ...
  • 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 ...
  • 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 ...
Theft by Taking - Click here to view all posts
The latest posts for Theft by Taking are listed below.
  • Security Cameras to be Installed in Liquor Stores?
    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 ...
  • 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 ...
  • 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 ...
V.G.C.S.A. - Click here to view all posts
The latest posts for V.G.C.S.A. are listed below.
  • 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 ...
Warrantless Search - Click here to view all posts
The latest posts for Warrantless Search are listed below.
  • 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 ...
  • 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 ...