Understanding Arrest Warrants, Indictments, and Accusations
In today’s post, I discuss the difference between arrest warrants, indictments, and accusations. Most criminal cases in Georgia begin with police officers arresting an individual for a violation of the Georgia criminal code. Arrests can occur with or without an arrest warrant depending on the circumstances. If a police officer has probable cause to believe […]
Getting an Uncontested Divorce in Georgia
Divorce is never easy. Not only is it extremely emotionally difficult and complex, it can also be very expensive. The price of a divorce usually depends both on the complexity of a couple’s financial and family situation and how much disagreement there is between the parties. For couples who agree on the particulars of their […]
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Bond Revocation
In last week’s post, we discussed the process of getting a bond generally. In today’s post, we discuss bond revocations. In Georgia, if you violate a condition of your bond, you could have your bond revoked. This means you will be taken in to custody until your case is resolved. Bond conditions usually include staying […]
Getting a Bond in Georgia
One of the first issues addressed in a criminal case is pretrial release (also known as bond). As in all criminal cases, the defendant is presumed innocent until proven guilty. As such, the defendant is entitled to have a reasonable bond set in all misdemeanor cases. In felony cases, a defendant is also entitled to […]
What Happens When Police Mistake the Law in Georgia?
In today’s post, we discuss what happens when police mistake the law in Georgia. If the police stop you for something that wasn’t actually illegal, can you be charged with evidence of any other crimes they discover afterwards? The short answer is, no — unless it was “objectively reasonable” for the officer to believe you […]
THC Oil in Georgia – Felony or Misdemeanor?
In most places in Georgia, possession of a personal amount of Marijuana is a misdemeanor. Possession of less than an ounce of Marijuana is charged under O.C.G.A. 16-13-2(b). This statute refers to possessing the parts of the marijuana plant itself. But what about other forms of THC such as oil, resin, or wax that are […]
The Legal Consequences of Family Violence Battery
A family violence battery in Georgia is identical to a battery except that it contains an additional “family relationship” element. While battery and family violence battery are very similar, the consequences are not. Family violence battery has very serious consequences that many do not know about. Both family violence battery and battery occur when someone […]
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What is a Behavioral Incentive Date?
Last year, the Georgia Legislature passed a bill requiring judges to assign behavioral incentive dates in certain cases. The point of the law is to reduce the amount of lengthy probation sentences for first-time offenders. If the law applies, the judge must set a date at three years or less when probation will be terminated. […]
What is Retroactive First Offender?
Just recently, the Georgia Legislature passed a bill, now Georgia Code 42-8-66, known as the retroactive first offender statute. This statute is geared towards providing first offender treatment to first-time offenders who pleaded guilty to a felony but did not know about first offender treatment. Normally the courts’ plea forms include a question about whether […]
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How to Keep Your Record Clean in Georgia (pt. 4): Record Restriction
In previous posts we covered how to avoid getting convictions on your record. In this post we will discuss record restrictions (formerly known as “expungement”). In Georgia, just because your case has been dismissed, nolle prossed, or dead-docketed, it does not mean that there is no record of it. If you have been arrested, it […]