Criminal Defense

False Arrest Violates 4th Amendment Right

Most cases of false arrest involve shoplifting accusations and are typically made by security guards and store owners or managers. A false arrest is an arrest made without a warrant or probably cause and is a form of imprisonment and considered a direct violation of your 4th Amendment rights. False Arrest and False Imprisonment When accused of shoplifting for example, a security guard or other employee at the store may restrain you from leaving. False imprisonment amounts to restraining or restricting your ability to leave either through physical force, gestures or conduct. If you are restricted from leaving due to […]

Slow Poke Law a Georgia Traffic Offense

Georgia has a traffic law on the books that you may not be aware of. Passed a few years ago, the Slow Poke Law is gathering hundreds of violations a year for surprised motorists. The law was written so that any driver — even ones who might already be at or exceeding the speed limit — must move to the right if traffic behind them is traveling faster and wishes to pass. Even if you are going faster than the speed limit, you still need to move over to let other faster drivers pass. Slow Poke Law Reasoning The law […]

Road Rage a Serious Criminal Offense

Road rage occurs throughout the year but during the holiday season the incidence increases due to increased stress, crowded parking lots and roadways, increased travel to visit friends and relatives, and reports of “decreased time to get everything done.” Road Rage in Georgia The State of Georgia defines road rage or aggressive driving as operating a motor vehicle with the intent to annoy, harass, injure, intimidate, or obstruct another person. Aggressive behaviors may be against another driver, a pedestrian, passengers in another vehicle, or even passengers in the motor vehicle being driven by the accused. The law states that the […]

Facebook Posts of Child Makes Parents Liable

The Georgia Court of Appeals has ruled that parents can be held liable for their child’s Facebook posts. This decision could now set a legal precedent on the issue of parental responsibility over their children’s online activity. Child’s Facebook Posts Bring Lawsuit In the Georgia case of Boston vs Athearns, the Bostons sought damages for libel and intentional infliction of emotional distress and claimed the Athearns (parents) made no effort to compel their child to delete or remove the fake Facebook page he made about their child. The Georgia Court of Appeals upheld the negligence claims against the parents and […]

Parental Responsibility Laws and Fines

Georgia has a number of parental responsibility laws that can hold a parent or guardian liable for both criminal and civil acts that a minor may be involved in. The liability may include financial responsibility up to $10,000 plus court costs in property damage and/or medical expenses. Parental Responsibility Duty In Georgia, parental responsibility refers to the liability for both the criminal and civil acts committed by a minor, or child under 18 years of age. The law implies that parents have a legal duty to take reasonable steps to supervise their minor child, and they may become legally and […]

Marijuana Arrests Put Georgia 6th in Nation

The State of Georgia takes a serious stand against illegal drugs. When it comes to arrest statistics, marijuana possession accounts for more than 90% of all forms of marijuana arrests. Georgia ranks 6th for marijuana arrest drug charges and crimes; New York, Texas, Florida, California, and Illinois, are ranked one through five. Georgia Penalties for Marijuana Arrests While Marijuana is not a scheduled substance it is regulated under the Georgia Controlled Substances Act. Charges may be filed as a misdemeanor or felony. The penalties, fines and/or terms of imprisonment vary for marijuana arrests of possession, possession with intent to sell, […]

Back to School Safety is Everyone’s Business

Every fall when school starts back up drivers are faced with more traffic, more delays due to a stopped and loading school bus, and an increased need of attention due to children walking or riding their bike to school. The Georgia DOT urges drivers every fall and throughout the school year to put back to school safety first when around school zones, when children are on or near the roadway, and when a school bus is loading or unloading students. School Related Vehicle Accidents Accident research data has shown that more children are hit by a car near a school […]

Georgia Parking Tickets Can Lead to Big Fines

The State of Georgia has numerous violations for which you could receive parking tickets. The fines for a parking ticket may vary depending on the area, or jurisdiction, where you received your ticket and fine. Each jurisdiction in Georgia has its own local ordinances, but the parking laws listed below apply to all jurisdictions in the state. Disputing Parking Tickets in Georgia Disputes for parking tickets must be made within 14 days from the date of the ticket. A copy of the ticket must accompany the dispute form. Specific information regarding the ticket number must be included. It may take up to 60 […]

Shoplifting in Georgia Serious Offense

Atlanta, Georgia ranks in the top 10 U.S. cities for the crime of shoplifting. Shoplifting is serious business and a serious offense. Nationwide there are over half a million shoplifting incidents daily, which account for over 35 million dollars of merchandise stolen every day. The most common items stolen are groceries, cosmetics, electronics, and clothing. Georgia Laws on Shoplifting In Georgia shoplifting is a serious crime. Shoplifting, under Georgia law, is a person who commits the offense of theft by shoplifting either alone or with another person with the intent of taking merchandise for their own use without paying for […]

Simple Assault Charges Need Legal Representation

In Georgia, the simple assault code represents the most basic category of an assault charge. In this state, the charge of simple assault involves an attempt to use violence against another, making threats of violence where the other person fears they will be harmed. A simple assault is a misdemeanor under Georgia law and can result in one year of jail time, and/or fines and community service. Assault Charges on the Rise Nationwide rates of violent crimes have increased. According to the Justice Department’s National Crime Victimization Survey it was found that the increase was due to an increase in assaults, […]