Category Archives: Criminal Defense
Collateral Consequences of Georgia Drug Possession Convictions
Georgia’s drug possession laws are harsh, with penalties that can include years in prison, even for just possessing more than one ounce of marijuana. Whether the substance or substances were intended for personal use or for sale and distribution will affect the severity of the charge, but a major factor is the type and amount… Read More »
What Happens If You Violate a Restraining Order in Georgia?
Domestic violence, which is abuse that occurs between family members or unmarried partners, is a crime that law enforcement takes seriously. One of the ways that the law works to protects victims who have been threatened or physically harmed is by issuing a protective order, also known as a restraining order, against the abuser. This… Read More »
What Types of Knives Are Illegal to Carry in Georgia?
Georgia places restrictions on the specific type and size of knife that people are permitted to carry. If a law enforcement officer discovers that you are carrying one of those knives, you could face serious charges. Some of the knives that are illegal to carry in Georgia include: Locking blades Razor blades Darts Throwing knives… Read More »
What Constitutes Probable Cause in an Arrest Scenario?
One of the most common criminal defense strategies is challenging whether the law enforcement officers who made an arrest had probable cause to do so. All police officers must have probable cause to legally make an arrest or obtain a valid warrant from a judge. Unfortunately, officers do not always have probable cause that meets… Read More »
An Overview of Self-Defense Laws in Georgia
Under the Constitution, every person in the United States has the right to self-defense against injury or death. It is a basic principle that people should be allowed to use force to protect themselves when necessary. But this principle is extended in certain states where “stand your ground” laws exist. Georgia is one of several… Read More »
Police Continue to Use Controversial Reid Technique to Secure Confessions
If you are arrested for committing a crime, police officers or detectives will question you to attempt to get more information. Common in these scenarios is the Reid Technique of Interviewing and Interrogation, which you’ve likely seen in movies and television. In real life, these interrogations tend to be much less dramatic, but the general… Read More »
What Does the Prosecution Have to Prove in a Felony Resisting Arrest Case?
When a person interferes or attempts to interfere with a law enforcement officer’s ability to perform a lawful arrest, it’s known as resisting arrest. Depending on the severity of the accused person’s actions, this could be classified either as a felony or a misdemeanor. Resisting arrest may take many different forms. It often involves suspects… Read More »
Appellate Court Overturns Conviction of HIV-Positive Man Who Had Intercourse with Unaware Partner
A jury in Gwinnett County found James Propes to be guilty of engaging in sexual intercourse with his partner without disclosing that he was HIV-positive. Upon appeal of the decision, the appeals court agreed with Propes’ position that there was insufficient evidence to support the conviction. Propes contended the state did not present laboratory test… Read More »
Court Rules 20-Year-Old Workout Pants Can Be Subject to DNA Testing in Aggravated Assault Appeal
In White v. The State, the Georgia Court of Appeals ruled that 20-year-old workout pants could be DNA tested in an appeal of an aggravated assault case. The lower court previously refused to allow for the DNA testing because of evidence that the biological material would have deteriorated over that time. The court believed the… Read More »