Member Of:
badge - AV Preeminent
badge - AVVO Clients Choise 2016, Criminal Defense
badge - Georgia Association of Criminal Defense Lawyers
badge - AVVO Rating 10, Top Attorney Criminal Defense
badge - Top 10 Rated Lawyers
badge - Georgia Trend

What are the Georgia Hit and Run Laws

Hit & Run Depiction
Hit and Runs are essentially leaving the scene of any accident and you can be charged criminally as well as incur civil(money damages), as a result of a failure to stop. A driver in the State of Georgia has an affirmative duty to stop and render assistance during a traffic accident.  Failure to stop and render aid can lead to significant criminal felony or misdemeanor charges. Unfortunately there have a been a string of Hit and Run incidents recently in and around Atlanta:

Hit & Run on GA400 

What Are Valid Warrant Requirements

Search Warrant

Search Warrant

Recently Fulton County Prosecutors tried to obtain records of the ex-cop charged with murder in the shooting death of Rayshard Brooks.  Brook’s death lead to riots in Atlanta and Fulton County.  The State was oddly trying to obtain records of donations to a fundraising account set up by the Georgia Law Enforcement Organization, a non-profit organization, that set-up an account on it’s website to defend Rolfe against the murder charges.  To date, approximately $500,000 has been raised on the site.  The District Attorney argued they wanted the information from the fundraising site to argue that Rolfe may try to skip bail.  The judge the case found that the State lacked probable cause to issue a warrant and denied the prosecutions request for a warrant.  Here is an article by the Atlanta Journal Constitution detailing the warrant request by the Fulton County DA, the response by Rolfe’s criminal defense attorneys, and the judge’s reasoning in the warrant denial: https://www.ajc.com/news/fulton-da-is-denied-warrant-to-probe-garrett-rolfe-fundraising-site/RL2U53UULVET5NW5N2ESYJKDHI/

Decriminalization of Marijuana in Johns Creek, Georgia

marijuana-image
The municipal city of Johns Creek has taken steps to decriminalize marijuana possession according to this article from the Atlanta Journal Constitution. Public officials in favor of the municipal ordinance want to decriminalize the possession of less than an ounce of marijuana.  Those who have less than an ounce of marijuana would face no jail time and a maximum of a $75 dollar fine.

The current simple possession of marijuana ordinance is up to one-year in jail and up to a $1,000 dollar fine.  It is important to note that this change would not legalize marijuana.  The State of Georgia does not allow for cities to legalize the possession of marijuana and you could still face State or Federal charges depending on whether you were arrested by State police, on Federal property, or if you were charged with a felony count as well.

What is Bail? Answers From an Atlanta, Georgia Criminal Lawyer

Georgia Bail Reform Picture
Bail is money and/or property paid to the Court that is intended to ensure a criminal defendant’s return to court for the alleged crimes.  It is a conditional release from jail, pending trial or resolution of a criminal matter.  Bail is required in almost all criminal cases in some form.  The more serious the crime, the higher the Bail.  In certain serious cases, where it is likely a defendant may try to skip bail and hide from prosecution, or after committing a new offense while on probation for a previous crime, Bail may be denied by a Judge. In some situations a defendant is unable to afford Bail and lacks the ability to pay a Bail Bondsman.  In these situations it is likely a person accused of a crime will sit in jail pending resolution of his/her criminal proceedings.  Some criminal cases can take years.  Thus, some criminal defendant’s end up languishing in jail for years awaiting a trial.  An important caveat to the above, there is no Bail in Family Court, and a child accused of delinquency can be held in detention or sent home with their parents pending court resolution.

How Much is Bail

What is Zoom-Bombing

Juvenile Computer Hacker

Zoom-Bombing Juvenile

Zoom bombing is real and new.  Many younger juveniles may consider it a prank.  It can have serious legal and criminal consequences.  Zoom bombing is a rather new phenomenon and an interesting problem for criminal defense attorneys.  In today’s new world, during the Covid-19 pandemic and with schools and workplaces utilizing more technology than ever, a prank on the SaaS Zoom platform can land you in real hot water with authorities.  And unfortunately, a Zoom-Bomb prank can have life-long legal ramifications.  In the last two weeks there have been at least two Zoom-Bombing incidents in local  Gwinnett County Schools:

Atlanta, Georgia Juvenile Delinquency and Juvenile Defense Lawyer

shutterstock_74496640
 
According to the American Civil Liberties Union, approximately 60,000 children are incarcerated in prisons or some juvenile detention facility throughout American every day!  In Georgia alone, there are 185 per 100,000 youth incarcerated.

Juveniles constitute 1,200 of the 1.5 million people housed in federal and state prisons in this country, and nearly 200,000 youth enter the adult criminal-justice system each year, most for non-violent crimes. On any given day, 10,000 juveniles are housed in adult prisons and jails.

Atlanta, Georgia Juvenile Diversion Programs and Benefits

By Attorney Thomas Nagel — Juvenile Delinquency & Criminal Defense Advocate

JuvenileDeliquency1
Every year more and more of our children are suffering from circumstances beyond their immediate control.  Whether it is mental health, poverty, fatherless homes, or drug abuse, our children are being subjected to delinquency and criminal charges in Atlanta and throughout the Great State of Georgia.

Georgia code section 16-8-14 addresses shoplifting.  In Georgia, shoplifting items $500.00 or less is generally a misdemeanor that carries up to $1000 fine and/or one year in jail. It can also be a felony depending on your record and other circumstances.  Shoplifting can come in many forms. The act of shoplifting is committed when a person (or people) appropriate merchandise for their own use without paying for it, or they take the item from its rightful owner.

Acts that are considered shoplifting include:

  • Concealing or taking possession of the goods or merchandise of any store or retail establishment

Georgia Gun possession and Federal Regulation
 
On a regular basis, I get questions regarding a persons right to possess a firearm. Many cases I defend have direct implications regarding my client’s right to possess firearms.
Federal law prohibits possession of a firearm in 18 U.S.C. § 922(g) also called the Gun Control Act.

I routinely get calls regarding issues involving Georgia licensed drivers under the age of 21. In Georgia, if you are under the age of 21, different laws apply regarding when The Georgia Department of Driver Services will suspend your license. For example, if you’re over 21 and are convicted of a traffic offense that carries four or more points, in most cases, your license will not be suspended. Conversely, if you are under the age of 21 at the time of conviction of a traffic offense that carries four or more points, your license will be suspended for six months or longer depending on your driving record and current charges.

If you possess a Georgia drivers license and are under 18, different laws apply. A conviction of a four point traffic offense will result in suspension of your of your Georgia drivers license. However, the accumulation of four points will also result in a suspension of your Georgia drivers license. For example, if you are convicted of speeding 14 miles an hour over the speed limit but less than 19 miles an hour over the speed limit, that would put two points on your record. Then you get pulled over a month later and you’re convicted of the same thing, or possessing an open container of alcoholic beverage while driving or any another two point offense, that’s another two point violation. You’ve accumulated four points and the Georgia Department of Drivers Services, also known as Georgia DDS, will send you notice of their intent to suspend your privileges to drive.

If you were under 17 years old at the time of the offense, your case will be transferred to the juvenile court in the county where the offense occurred. Different laws and procedures apply in juvenile court.

Contact Information