The Georgia Supreme Court is the highest appellate court in the state. It often must give direction to the lower courts and to law enforcement authorities regarding the constitutionality of various criminal law statutes. The court recently issued a decision defining what are the parameters of a criminal defense in cases where there is a driver refusal to submit to a breath test. The law provides that such refusal will lead to a driver's automatic license suspension. It is also true that a DUI can be legally proved in some cases without the support of breath test evidence.
Georgia police often station themselves on the side of the road to monitor traffic. If they see a traffic violation or a situation that raises suspicion, they can quickly merge into traffic, activate their siren and lights and pursue their subject of interest in order to make a traffic stop. Sometimes, what begins with a seemingly minor issue winds up with one or more vehicle occupants in need of criminal defense assistance.
At what point do a series of written love messages sent as emails to another person cross the line and become stalking or harassment? When does a letter writer who has only romance in her heart end up being arrested and in need of a criminal defense attorney? This has happened a second time now to a Georgia woman in Clayton County who apparently has a penchant for writing love letters to the local sheriff of that county.
Those who enforce the drug laws in Georgia and those who provide defense attorney services are aware that certain tests for drugs can give false positives. When the police arrest someone on the basis of an erroneous finding from a defective testing mechanism, great hardship can result. It is the criminal defense attorneys who usually step forward to protect a client who is unjustly accused of drug possession due to faulty tests.
Georgia authorities recently executed a four-day dragnet focused on internet sex crimes occurring mainly in Bartow County. The total operation spanned several months of planning, according to authorities. In the four-day period beginning on Nov. 1, 2018, the police arrested 20 persons, ages 20 to 59, who allegedly traveled to parts of Georgia to meet a child for sex. Whether a suspect can assert a criminal defense to the charges depends on the unique facts of each case.
It is not well-known in Georgia that dandelion salad is a favorite dish of natives of certain foreign countries. For an 87-year-old Chatsworth woman who was naturalized as a U.S. Citizen over 15 years ago, going into a neighboring field to dig up dandelions was a perfectly natural and nonthreatening activity. For police called to the scene, it was a threatening confrontation that justified using a stun gun on the woman and then arresting her for obstruction of an officer and misdemeanor criminal trespass, charges that will require a criminal defense.
Criminal defense attorneys in Georgia and elsewhere must deal with some bizarre offenses alleged by the police. The criminal defense attorney views these matters clinically and acts in accordance with professional ethics to provide the strongest defense possible no matter what the circumstances. However, it must be remembered that most criminal cases are negotiated with the prosecuting authorities and do not go to trial. The U.S. Supreme Court has noted that the obtaining of a plea agreement through negotiations is a vital process at the heart of the system.
An investigation of sorority members at a state university in Georgia has resulted in the suspension of the sorority and the resignation of a female administrative employee who served as the sorority adviser. Authorities are investigating whether the woman was acting to sell the sorority pledges of Alpha Kappa Alpha at the Fort Valley State University to businessmen in the community for sexual activities. Criminal defense counsel for the woman said that the allegations were false and "incredulous."
Some law enforcement authorities in Georgia encourage people to be vigilant of their surroundings and contact police if they notice any suspicious behavior. However, "suspicious" is a subjective term, and often, behaviors that some would label as such turn out to be easily explained. Unfortunately, a teenager has recently found himself facing criminal charges after a concerned citizen contacted police, likely leaving the young man considering his criminal defense.
With the dangers of opioids taking center stage, concerns about cocaine may have lessened in many Georgia communities. However, the cocaine trade appears to be running strong, as indicated by the Chatham-Savannah Counter Narcotics Team's recent arrest of nine persons and the seizure of 25 kilograms of uncut cocaine. Authorities say that the drugs have a $4 million street value, which they report to be the narcotics team's biggest single cocaine bust. Criminal defense attorneys will now step forth to evaluate each of the defendants' cases and determine if any of the police arrests were defective, unjustified or otherwise subject to attack.