Revocación de Bonos

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 […]

Conseguir un bono en 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 […]

¿Qué sucede cuando la policía confunde la ley en 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 […]

Aceite de THC en Georgia: ¿delito grave o menor?

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 […]

Las consecuencias legales de la violencia familiar Batería

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 […]

Etiquetas: Destacados

¿Qué es una fecha de incentivo conductual?

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. […]

¿Qué es el primer delincuente retroactivo?

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 […]

Etiquetas: Destacados

Cómo mantener limpio su registro en Georgia (pt. 4): Restricción de registros

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 […]

Cómo mantener limpio su registro en Georgia (pt. 3): sellar su registro

Having Your Record Sealed In our previous posts, we discussed two important ways to avoid getting a criminal record in Georgia. In this post, we cover how to have your record sealed after pleading guilty as a first offender. The primary benefit of first offender is that it can protect you from having a criminal […]

Actualización de la jurisprudencia: Garr v. Estado - Primer infractor

Gist of the Law In today’s post, we discuss a new case from the Georgia Court of Appeals, Garr v. State, which concerns First Offender. This case states that the trial court must give a reason on the record for why it is denying First Offender. In specific, Garr prohibits judges from denying First Offender […]