Wosnik Law Blog
Georgia’s Expungement Laws for Criminal Convictions
Expungement, known in Georgia as “record restriction,” is the process of removing a criminal conviction from someone’s publicly available criminal history. This means that a restricted charge will not show up on a background check to housing providers, employers, or the general public. Only law enforcement and judicial offices retain access to the restricted records. […]
“I Know Where You Were”… How Police Use of Data Gathering Clashes With Privacy Concerns
One of the great conveniences of life is the ability to pull a cell phone from your pocket and be able to connect with other people and have access to a world of information from wherever you are. The use of cellphone technology in policing has become a significant aspect of any thorough investigation of […]
“Fighting Words,” What is and is not Protected Free Speech
Disorderly Conduct is the go-to citation for law enforcement officers when someone is being loud, disruptive, or rowdy, but hasn’t physically attacked anyone or damaged any property. Disorderly Conduct, commonly shortened to “DOC” is a misdemeanor in Georgia and, as criminal offenses go, it is extraordinarily broad. It can include anything from pointing and screaming […]
Tags: Fighting Words
Getting Credit for Time Served in Georgia Criminal Cases
A question we often get in Georgia criminal cases is whether a criminal defendant will receive credit for the time he or she has served. This usually comes up when a person is arrested for a crime and has spent time in jail before the resolution of the case. In the cases where the defendant […]
Understanding Georgia’s New Expungement Law
In the past, if you have been convicted of a crime in Georgia it has been very difficult if not impossible to remove these convictions from your background and criminal history. This has caused problems for countless people, especially for those seeking employment, housing, professional licensing, and more. One important exception has been First Offender […]
What is the Georgia Youthful Offender Act?
When facing prison time, many younger criminal defendants and their families are concerned about them entering the prison system. Prison can be a dangerous and troubling place, especially for teens. Unfortunately, a long prison sentence often leads the young offender down a path of further criminality rather than a road to rehabilitation. Given these concerns, […]
What is a 90-Day Bond in Georgia Criminal Law?
Getting a defendant a bond is one of the most crucial stages in any Georgia criminal case. In many cases this happens automatically, such as with misdemeanor offenses. In more serious cases or when there are bad facts following the defendant, a bond must be sought either at the magistrate or higher court depending on […]
Georgia DUI Case Basics
DUIs are some of the most common yet devastating criminal charges in Georgia. Not only can you face jail time and probation when convicted of a DUI, your license can quite easily be suspended for one year just for refusing state administered testing. As such, whether this is your first DUI or one of many, […]
Do I Need an Expert Witness in a Georgia Criminal Case?
Many readers may be wondering when it might be useful or necessary to employ an expert witness in a criminal case. For some cases, expert testimony may not be helpful — as, for example, in a simple drug possession case where the drug test is not in question, or in simple battery or assault case. […]
Must a Wife or Husband Testify Against Their Spouse in a Georgia Criminal Case?
A question I get often in Georgia criminal cases is whether one spouse must testify against another at trial or a hearing. The simple answer is that there is a spousal immunity privilege for partners who are legally married in Georgia, but that this privilege does not apply in all cases. Put another way, you […]