Liberty County, Georgia Criminal Defense attorney
Typical "civil infractions" include "moving violations", for example "speeding" and "failure to yield." Many times people are confused, if they are charged with a traffic misdemeanor, like having invalid license plates or driving an uninsured automobile, and feel that they are being charged with "civil infractions." Traffic misdemeanors in Liberty County, Georgia are criminal offenses, and can result in a criminal record. Many traffic misdemeanors also have "points" which will be added to the defendant's driving record, and some mandate the suspension of a driver's license. If you are booked for a "misdemeanor," the ticket will generally indicate the nature of the charge, and you will be required to appear in court. When the charge is a "civil infraction," you generally will not have to go to court if you pay a fine by mail.
A defendant charged with a misdemeanor in Liberty County, Georgia has lesser legal rights compared to a defendant facing a felony charge. When the defendant does not face imprisonment as a result of conviction, he has no right to an attorney. There is no right to indictment by grand jury, or to a "preliminary examination" to review the basis of the charges filed. In certain states, misdemeanor charges are tried before six man juries, however felonies are ordinarily tried before twelve person juries. Many other rights will be the same, for both felonies and misdemeanors.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
Liberty County, Georgia Criminal lawyer
Liberty County, Georgia Criminal lawyer
A "civil infraction" is not a crime, although it is a charge filed by the state. The state should show that you committed a civil infraction by a "preponderance of the evidence," that is to say, that it is more likely than not that you committed the violation. This is a much lesser standard unlike the "proof beyond a reasonable doubt" standard that is applicable in civil cases. A typical civil infraction will be decided by a magistrate, without a jury, in what is generally a short proceeding.
Certain states have a class of "petty offenses," where the defendant will be tried without a jury before a judge. Typically, the only penalty for a "petty offense" is a fine. But, these offenses can be of a criminal nature.
A "misdemeanor" is a criminal offense, and conviction generally creates a criminal record. Misdemeanors are technically less serious crimes, however the result of conviction can nonetheless be quite severe. Possible penalties for misdemeanors include imprisonment, probation, fines, and at times driver's license suspensions. Few misdemeanors are treated as "sex crimes" and require that a convicted person register as a "sex offender", and notify the police informed of his place of residence -- a requirement that may continue for life.
Felonies are the most serious crimes that can be charged. Many times, the difference between "felonies" and "misdemeanors" appears arbitrary. However, all of the most serious criminal offenses like murder, sexual assault, embezzlement, burglary, robbery, arson, and treason are felonies.
If you have been charged with a crime in Liberty County, Georgia , contact a criminal lawyer.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
A "civil infraction" is not a crime, although it is a charge filed by the state. The state should show that you committed a civil infraction by a "preponderance of the evidence," that is to say, that it is more likely than not that you committed the violation. This is a much lesser standard unlike the "proof beyond a reasonable doubt" standard that is applicable in civil cases. A typical civil infraction will be decided by a magistrate, without a jury, in what is generally a short proceeding.
Certain states have a class of "petty offenses," where the defendant will be tried without a jury before a judge. Typically, the only penalty for a "petty offense" is a fine. But, these offenses can be of a criminal nature.
A "misdemeanor" is a criminal offense, and conviction generally creates a criminal record. Misdemeanors are technically less serious crimes, however the result of conviction can nonetheless be quite severe. Possible penalties for misdemeanors include imprisonment, probation, fines, and at times driver's license suspensions. Few misdemeanors are treated as "sex crimes" and require that a convicted person register as a "sex offender", and notify the police informed of his place of residence -- a requirement that may continue for life.
Felonies are the most serious crimes that can be charged. Many times, the difference between "felonies" and "misdemeanors" appears arbitrary. However, all of the most serious criminal offenses like murder, sexual assault, embezzlement, burglary, robbery, arson, and treason are felonies.
If you have been charged with a crime in Liberty County, Georgia , contact a criminal lawyer.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
Liberty County, Georgia DUI lawyer
Liberty County, Georgia DUI lawyer
Drunk driving happens when a person is driving a vehicle, after consuming alcoholic beverages to such an extent that his ability to drive a vehicle is impaired. Many people charged with drunk driving claim that their driving was fine. They believe that the officer made up an excuse to pull them over, or that the "mistake" that the officer observed had nothing to do with their driving.
Each state imposes a maximum permissible blood alcohol content (BAC) for drivers, and you are considered legally "drunk" even if you do not feel that you are in any way affected by the alcohol you consumed. The legal limit for blood alcohol in Liberty County, Georgia, is typically 0.08%, although drunk driving charges are also possible depending on your driving conduct even at a lesser BAC.
Additionally, you may be stopped because there is a mechanical fault with your automobile. When the officer notices you to appear drunk (usual signs: slurred speech, glassy or bloodshot eyes, poor balance, conspicuous odor of alcohol, lack of coordination, difficulty comprehending instructions, clumsiness or lack of coordination, combativeness, and disorientation), he may investigate more.
The punishments vary substantially from state to state. All drunk driving offenses in Liberty County, Georgia may end in a jail sentence. But, most first offenders are awarded lesser penalties, such as driver's license suspensions, fines, compulsory attendance of drunk driver's education classes, mandatory attendance of alcohol counseling, community service, or probation.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
Drunk driving happens when a person is driving a vehicle, after consuming alcoholic beverages to such an extent that his ability to drive a vehicle is impaired. Many people charged with drunk driving claim that their driving was fine. They believe that the officer made up an excuse to pull them over, or that the "mistake" that the officer observed had nothing to do with their driving.
Each state imposes a maximum permissible blood alcohol content (BAC) for drivers, and you are considered legally "drunk" even if you do not feel that you are in any way affected by the alcohol you consumed. The legal limit for blood alcohol in Liberty County, Georgia, is typically 0.08%, although drunk driving charges are also possible depending on your driving conduct even at a lesser BAC.
Additionally, you may be stopped because there is a mechanical fault with your automobile. When the officer notices you to appear drunk (usual signs: slurred speech, glassy or bloodshot eyes, poor balance, conspicuous odor of alcohol, lack of coordination, difficulty comprehending instructions, clumsiness or lack of coordination, combativeness, and disorientation), he may investigate more.
The punishments vary substantially from state to state. All drunk driving offenses in Liberty County, Georgia may end in a jail sentence. But, most first offenders are awarded lesser penalties, such as driver's license suspensions, fines, compulsory attendance of drunk driver's education classes, mandatory attendance of alcohol counseling, community service, or probation.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
Liberty County, Georgia Marijuana crimes
Liberty County, Georgia Marijuana crimes
Georgia, together with the other 49 states, has adopted a tough stance in the war on drugs. GA’s marijuana laws are harsh. The legal effects are probably far more severe than you’ve ever imagined. If you’ve charged with a marijuana related crime, it is essential that you select an attorney experienced in defending marijuana charges. Selling, buying, using and growing marijuana are all illegal in Liberty County, Georgia . When you are convicted of a marijuana offense, you will be sentenced to prison time and a large fine. The severity of the sentence differs depending on different factors. Quantity is one factor that is considered during deciding the sentencing.
A marijuana possession Liberty County, Georgia with intent to distribute charge invites some especially harsh penalties. This felony offense includes prison term as well as fines starting in the thousands. If you possess a huge amount of drugs, you may be slapped with this charge even if you had no intention of distributing the drug. In these cases, intent is based on the quantity of marijuana in your possession.
Selling marijuana or growing marijuana Liberty County, Georgia also results ina more severe penalty. The place of where you are charged of marijuana selling is a vital factor. A conviction for sale of drugs near a school will attract more serious penalties. If you have had one or more previous marijuana convictions, you will spend more time in jail or pay even larger fines.
If you have been charged with a marijuana crime in Liberty County, Georgia contact a marijuana defense law firm immediately.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
Georgia, together with the other 49 states, has adopted a tough stance in the war on drugs. GA’s marijuana laws are harsh. The legal effects are probably far more severe than you’ve ever imagined. If you’ve charged with a marijuana related crime, it is essential that you select an attorney experienced in defending marijuana charges. Selling, buying, using and growing marijuana are all illegal in Liberty County, Georgia . When you are convicted of a marijuana offense, you will be sentenced to prison time and a large fine. The severity of the sentence differs depending on different factors. Quantity is one factor that is considered during deciding the sentencing.
A marijuana possession Liberty County, Georgia with intent to distribute charge invites some especially harsh penalties. This felony offense includes prison term as well as fines starting in the thousands. If you possess a huge amount of drugs, you may be slapped with this charge even if you had no intention of distributing the drug. In these cases, intent is based on the quantity of marijuana in your possession.
Selling marijuana or growing marijuana Liberty County, Georgia also results ina more severe penalty. The place of where you are charged of marijuana selling is a vital factor. A conviction for sale of drugs near a school will attract more serious penalties. If you have had one or more previous marijuana convictions, you will spend more time in jail or pay even larger fines.
If you have been charged with a marijuana crime in Liberty County, Georgia contact a marijuana defense law firm immediately.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
Liberty County, Georgia Marijuana lawyer
Liberty County, Georgia Marijuana lawyer
Marijuana laws are different in every state. It is important to know the subtle differences. Buying, selling, using or growing marijuana is illegal in every part of the United States. Penalties differ from place to place, however generally consist of prison term, a fine or both. In some states, you may be arrested for merely being in a place where you are aware that drug activity is taking place. The severity of the penalty varies based on several factors:
• Quantity - Penalties vary depending on the amount of marijuana recovered from the person's possession.
• Selling - Penalties are more severe for those intending to sell.
• Growing - Penalties are much severe for those cultivating cannabis.
• Location - A person arrested for selling marijuana near a school will often face harsher penalties.
When you're caught with marijuana, you may charged a large fine and/or be sent to jail. If you are caught more than once, or if looks as if you're likely to sell the drug, the punishment is tougher.
Liberty County, Georgia has strict marijuana laws. If you have been charged with a marijuana crime, contact a marijuana defense attorney immediately.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
Marijuana laws are different in every state. It is important to know the subtle differences. Buying, selling, using or growing marijuana is illegal in every part of the United States. Penalties differ from place to place, however generally consist of prison term, a fine or both. In some states, you may be arrested for merely being in a place where you are aware that drug activity is taking place. The severity of the penalty varies based on several factors:
• Quantity - Penalties vary depending on the amount of marijuana recovered from the person's possession.
• Selling - Penalties are more severe for those intending to sell.
• Growing - Penalties are much severe for those cultivating cannabis.
• Location - A person arrested for selling marijuana near a school will often face harsher penalties.
When you're caught with marijuana, you may charged a large fine and/or be sent to jail. If you are caught more than once, or if looks as if you're likely to sell the drug, the punishment is tougher.
Liberty County, Georgia has strict marijuana laws. If you have been charged with a marijuana crime, contact a marijuana defense attorney immediately.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
The Writ of Habeas Corpus
The Writ of Habeas Corpus
If someone you know has been imprisoned in Chatham County, Georgia , contact a criminal attorney
The petition for habeas corpus usually includes the following
• The prisoner’s identity;
• The identity of the prisoner's custodian;
• The time, date and place of the requested court hearing; and
• The issues to be addressed at that time by the court
Under law, prisoners have the right to file petitions for habeas corpus, challenging the legality of their detention but the right may be suspended in times of national emergency.
If the court has been served with a petition for habeas corpus, depending upon the nature of the petition, it can grant a writ, deny the petition, or fix a hearing on the petition. If the writ is granted, the writ may be served upon the custodian of the prisoner ordering that the prisoner be produced in court as directed.
Once the writ of habeas corpus is issued, the prisoner will be brought to court at the fixed date and time. The aim of a hearing on a writ of habeas corpus is not to decide whether a prisoner is innocent or not, but is rather to determine whether the legal basis claimed for the imprisonment is legal. When the detention is illegal, the prisoner has to be released. Whether or not imprisonment is legal, if a charge against the prisoner is valid the prisoner may undergo trial on that charge. For example, the prisoner can file a petition for habeas corpus alleging detention on the grounds of an illegally high bail amount, but even if the reviewing court finds the bail amount is excessive and grants relief the prisoner would still have to stand trial on the underlying charge.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
If someone you know has been imprisoned in Chatham County, Georgia , contact a criminal attorney
The petition for habeas corpus usually includes the following
• The prisoner’s identity;
• The identity of the prisoner's custodian;
• The time, date and place of the requested court hearing; and
• The issues to be addressed at that time by the court
Under law, prisoners have the right to file petitions for habeas corpus, challenging the legality of their detention but the right may be suspended in times of national emergency.
If the court has been served with a petition for habeas corpus, depending upon the nature of the petition, it can grant a writ, deny the petition, or fix a hearing on the petition. If the writ is granted, the writ may be served upon the custodian of the prisoner ordering that the prisoner be produced in court as directed.
Once the writ of habeas corpus is issued, the prisoner will be brought to court at the fixed date and time. The aim of a hearing on a writ of habeas corpus is not to decide whether a prisoner is innocent or not, but is rather to determine whether the legal basis claimed for the imprisonment is legal. When the detention is illegal, the prisoner has to be released. Whether or not imprisonment is legal, if a charge against the prisoner is valid the prisoner may undergo trial on that charge. For example, the prisoner can file a petition for habeas corpus alleging detention on the grounds of an illegally high bail amount, but even if the reviewing court finds the bail amount is excessive and grants relief the prisoner would still have to stand trial on the underlying charge.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
The Habeas Petition
The Habeas Petition
The petition for habeas corpus requests that the court issue a writ, mandating that a prisoner be produced before the court at a particular place, date and time.
In the beginning, a petition for habeas corpus was filed to request that the custodian of a prisoner be directed to bring a prisoner to the county court to testify in a lawsuit. This use of the petition for habeas corpus exists even today, if a prisoner is in the custody of another county or criminal justice system, and the prisoner's presence is vital for a case. Often, the prisoner should be taken to the local court by the local Sheriff's department, which will be responsible for watching the prisoner at the time of court proceedings and taking the prisoner to the other jurisdiction at the end of the proceedings. However, when most individuals think of a writ of habeas corpus, they think of something more substantial - a petition demanding that the custodian of the prisoner explain in court the legal grounds on which the prisoner is detained. This category of writ is usually considered to be an "extraordinary remedy", indicating that the prisoner has used up all other remedies of relief or appeal, and no other adequate avenue remains. The writ of habeas corpus may ask for relief on grounds not available in direct appeal.
If someone you know has been imprisoned in Chatham County, Georgia , contact a criminal attorney.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
The petition for habeas corpus requests that the court issue a writ, mandating that a prisoner be produced before the court at a particular place, date and time.
In the beginning, a petition for habeas corpus was filed to request that the custodian of a prisoner be directed to bring a prisoner to the county court to testify in a lawsuit. This use of the petition for habeas corpus exists even today, if a prisoner is in the custody of another county or criminal justice system, and the prisoner's presence is vital for a case. Often, the prisoner should be taken to the local court by the local Sheriff's department, which will be responsible for watching the prisoner at the time of court proceedings and taking the prisoner to the other jurisdiction at the end of the proceedings. However, when most individuals think of a writ of habeas corpus, they think of something more substantial - a petition demanding that the custodian of the prisoner explain in court the legal grounds on which the prisoner is detained. This category of writ is usually considered to be an "extraordinary remedy", indicating that the prisoner has used up all other remedies of relief or appeal, and no other adequate avenue remains. The writ of habeas corpus may ask for relief on grounds not available in direct appeal.
If someone you know has been imprisoned in Chatham County, Georgia , contact a criminal attorney.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
Your rights when facing forfeiture in Chatham County, Georgia
Your rights when facing forfeiture in Chatham County, Georgia
Defendant’s rights, and the process involved in criminal forfeiture, will differ significantly from state to state, and even based on the law you are charged of breaking. When you are facing criminal forfeiture of your property, you may be informed in advance of your prosecution. Sometimes, criminal forfeiture process will be commenced at the time of, or subsequent to conviction.
The method in which forfeiture will be effected, and whether the proceedings are "criminal" or "civil" in nature, will vary substantially from state to state. It is generally advisable to take assistance from a lawyer, if you are facing any type of forfeiture action.
Civil forfeiture is very much like criminal forfeiture in numerous ways. However, whereas criminal forfeiture imposes an extra penalty on the owner of property for his wrongful conduct, a civil forfeiture action is brought against the property itself. For criminal forfeiture to start, the owner of the property ought to be convicted of a crime, while civil forfeiture might happen although the owner is acquitted. In certain instances, the property owner may not even be charged with a crime. Civil forfeiture proceedings should demonstrate "beyond a reasonable doubt" that the property has a enough connection to a criminal offense to require its forfeiture under the law. Criminal cases should be tried under the much higher standard of, "Guilty beyond a reasonable doubt."
If you are facing forfeiture in Chatham County, Georgia , contact a lawyer immediately.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
Defendant’s rights, and the process involved in criminal forfeiture, will differ significantly from state to state, and even based on the law you are charged of breaking. When you are facing criminal forfeiture of your property, you may be informed in advance of your prosecution. Sometimes, criminal forfeiture process will be commenced at the time of, or subsequent to conviction.
The method in which forfeiture will be effected, and whether the proceedings are "criminal" or "civil" in nature, will vary substantially from state to state. It is generally advisable to take assistance from a lawyer, if you are facing any type of forfeiture action.
Civil forfeiture is very much like criminal forfeiture in numerous ways. However, whereas criminal forfeiture imposes an extra penalty on the owner of property for his wrongful conduct, a civil forfeiture action is brought against the property itself. For criminal forfeiture to start, the owner of the property ought to be convicted of a crime, while civil forfeiture might happen although the owner is acquitted. In certain instances, the property owner may not even be charged with a crime. Civil forfeiture proceedings should demonstrate "beyond a reasonable doubt" that the property has a enough connection to a criminal offense to require its forfeiture under the law. Criminal cases should be tried under the much higher standard of, "Guilty beyond a reasonable doubt."
If you are facing forfeiture in Chatham County, Georgia , contact a lawyer immediately.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
Criminal forfeiture in Chatham County, Georgia
Criminal forfeiture in Chatham County, Georgia
Criminal forfeiture Chatham County, Georgia is the seizure the property by the state, because of its relationship to a crime. Forfeiture rules vary from state to state, and can be broader or narrower based on the criminal activity committed and the rules of your jurisdiction. But, typically, criminal forfeiture can be sought if the property is used in the commission of a crime, or was obtained by a criminal activity.
Criminal forfeiture takes place when, after the owner is convicted of a criminal activity, and if forfeiture is permitted under the laws of the prosecuting jurisdiction, it is established that your property has a sufficient relationship to the offense to mandate depriving you of the property rights. For example, your jurisdiction can have a law which gives the judge the right to forfeit your vehicle, when you are convicted of drunk driving. The prosecutor's office may seek forfeiture of your property including your business or home if you are convicted of particular crimes, including drug trafficking or racketeering.
When you are facing a charge involving likely criminal forfeiture, you may include the issue of forfeiture in the plea negotiations that may occur with the prosecutor.
If you are facing forfeiture in Chatham County, Georgia , contact a lawyer immediately.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
Criminal forfeiture Chatham County, Georgia is the seizure the property by the state, because of its relationship to a crime. Forfeiture rules vary from state to state, and can be broader or narrower based on the criminal activity committed and the rules of your jurisdiction. But, typically, criminal forfeiture can be sought if the property is used in the commission of a crime, or was obtained by a criminal activity.
Criminal forfeiture takes place when, after the owner is convicted of a criminal activity, and if forfeiture is permitted under the laws of the prosecuting jurisdiction, it is established that your property has a sufficient relationship to the offense to mandate depriving you of the property rights. For example, your jurisdiction can have a law which gives the judge the right to forfeit your vehicle, when you are convicted of drunk driving. The prosecutor's office may seek forfeiture of your property including your business or home if you are convicted of particular crimes, including drug trafficking or racketeering.
When you are facing a charge involving likely criminal forfeiture, you may include the issue of forfeiture in the plea negotiations that may occur with the prosecutor.
If you are facing forfeiture in Chatham County, Georgia , contact a lawyer immediately.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
Chatham County, Georgia White Collar Crimes
Chatham County, Georgia White Collar Crimes
"White Collar Crimes" refers to category of criminal offenses that usually take place in businesses or corporations, including "insider trading," "antitrust violations," "computer fraud," "securities fraud," and "money laundering." White collar crimes are non-violent in nature, and typically involve some kind of fraud or dishonesty. Such offenses are committed using apparently legitimate businesses. Many times the owners of the corporation are associated with the criminal activity, while on other occasions the criminal offense is committed by an individual of a business, without the knowledge of others.
A business in Chatham County, Georgia that does not respond correctly to a crime, or allegations of a criminal offense, can appear to be involved in that criminal offense. More so if the corporation is governed by state or federal rules, it is important to have the correct compliance, reporting and investigatory mechanisms, to handle any rumors or reports of illegalities by staff. When a business does not intend to be held liable for illegal conduct, or desires to reduce its responsibility, the best method of doing so is usually to assist with any investigation of the wrongful conduct.
There can also be cases where a business appears to be so deeply associated with the criminal offense that a criminal charge is initiated against the business itself. This often happens when it seems that the managers and directors of the corporation were so involved in, or so indifferent to, the criminal offense that the entire business appears to have actively committed the offense.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
"White Collar Crimes" refers to category of criminal offenses that usually take place in businesses or corporations, including "insider trading," "antitrust violations," "computer fraud," "securities fraud," and "money laundering." White collar crimes are non-violent in nature, and typically involve some kind of fraud or dishonesty. Such offenses are committed using apparently legitimate businesses. Many times the owners of the corporation are associated with the criminal activity, while on other occasions the criminal offense is committed by an individual of a business, without the knowledge of others.
A business in Chatham County, Georgia that does not respond correctly to a crime, or allegations of a criminal offense, can appear to be involved in that criminal offense. More so if the corporation is governed by state or federal rules, it is important to have the correct compliance, reporting and investigatory mechanisms, to handle any rumors or reports of illegalities by staff. When a business does not intend to be held liable for illegal conduct, or desires to reduce its responsibility, the best method of doing so is usually to assist with any investigation of the wrongful conduct.
There can also be cases where a business appears to be so deeply associated with the criminal offense that a criminal charge is initiated against the business itself. This often happens when it seems that the managers and directors of the corporation were so involved in, or so indifferent to, the criminal offense that the entire business appears to have actively committed the offense.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
Chatham County, Georgia Criminal Defense attorney
Chatham County, Georgia Criminal Defense attorney
Typical "civil infractions" include "moving violations", like "speeding" and "failure to yield." Sometimes people get confused, when they are charged with a traffic misdemeanor, like having invalid license plates or driving an uninsured automobile, and feel that they are being charged with "civil infractions." Traffic misdemeanors in Chatham County, Georgia are criminal offenses, and can create a criminal record. Some traffic misdemeanors also carry "points" which will be added to the defendant's driving record, and some require the suspension of a driver's license. If you are ticketed for a "misdemeanor," the ticket will typically show the nature of the charge, and you must to appear in court. When the charge is a "civil infraction," you typically will not have to go to court when you pay a fine by mail.
A defendant charged with a misdemeanor in Chatham County, Georgia has lesser legal rights than a defendant charged with a felony. When the defendant will not face imprisonment as a consequence of conviction, he has no right to a lawyer. There will be no right to indictment by grand jury, or to a "preliminary examination" to review the basis of the charges filed. In some states, misdemeanor charges are tried before six person juries, but felonies are often tried before twelve man juries. Many other rights are the same, for both felonies and misdemeanors.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
Typical "civil infractions" include "moving violations", like "speeding" and "failure to yield." Sometimes people get confused, when they are charged with a traffic misdemeanor, like having invalid license plates or driving an uninsured automobile, and feel that they are being charged with "civil infractions." Traffic misdemeanors in Chatham County, Georgia are criminal offenses, and can create a criminal record. Some traffic misdemeanors also carry "points" which will be added to the defendant's driving record, and some require the suspension of a driver's license. If you are ticketed for a "misdemeanor," the ticket will typically show the nature of the charge, and you must to appear in court. When the charge is a "civil infraction," you typically will not have to go to court when you pay a fine by mail.
A defendant charged with a misdemeanor in Chatham County, Georgia has lesser legal rights than a defendant charged with a felony. When the defendant will not face imprisonment as a consequence of conviction, he has no right to a lawyer. There will be no right to indictment by grand jury, or to a "preliminary examination" to review the basis of the charges filed. In some states, misdemeanor charges are tried before six person juries, but felonies are often tried before twelve man juries. Many other rights are the same, for both felonies and misdemeanors.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
Chatham County, Georgia Criminal lawyer
Chatham County, Georgia Criminal lawyer
A "civil infraction" is not a crime, but it is a charge filed by the state. The state has to establish that you committed a civil infraction by a "preponderance of the evidence," that is to say, that it is more likely than not that you committed the violation. This is a much lower standard compared to the "proof beyond a reasonable doubt" standard that is applicable in civil cases. The typical civil infraction is determined by a judge, without a jury, in what is typically a short proceeding.
Some states have a class of "petty offenses," where the defendant can be tried without a jury before a magistrate. Generally, the only penalty for a "petty offense" is a fine. But, these offenses can be of a criminal nature.
A "misdemeanor" is a criminal offense, and conviction generally creates a criminal record. Misdemeanors are technically less serious crimes, although the impact of conviction can nevertheless be quite severe. Likely penalties for misdemeanors are imprisonment, probation, fines, and some times driver's license restrictions. Certain misdemeanors are treated as "sex crimes" and mandate that a convicted person register as a "sex offender", and inform the police informed of his place of residence -- a requirement that may continue for life.
Felonies are the most serious offenses that can be charged. At times, the difference between "felonies" and "misdemeanors" seems arbitrary. But, every serious criminal offense like murder, sexual assault, embezzlement, burglary, robbery, arson, and treason are felonies.
If you have been charged with a crime in Chatham County, Georgia , contact a criminal attorney.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
A "civil infraction" is not a crime, but it is a charge filed by the state. The state has to establish that you committed a civil infraction by a "preponderance of the evidence," that is to say, that it is more likely than not that you committed the violation. This is a much lower standard compared to the "proof beyond a reasonable doubt" standard that is applicable in civil cases. The typical civil infraction is determined by a judge, without a jury, in what is typically a short proceeding.
Some states have a class of "petty offenses," where the defendant can be tried without a jury before a magistrate. Generally, the only penalty for a "petty offense" is a fine. But, these offenses can be of a criminal nature.
A "misdemeanor" is a criminal offense, and conviction generally creates a criminal record. Misdemeanors are technically less serious crimes, although the impact of conviction can nevertheless be quite severe. Likely penalties for misdemeanors are imprisonment, probation, fines, and some times driver's license restrictions. Certain misdemeanors are treated as "sex crimes" and mandate that a convicted person register as a "sex offender", and inform the police informed of his place of residence -- a requirement that may continue for life.
Felonies are the most serious offenses that can be charged. At times, the difference between "felonies" and "misdemeanors" seems arbitrary. But, every serious criminal offense like murder, sexual assault, embezzlement, burglary, robbery, arson, and treason are felonies.
If you have been charged with a crime in Chatham County, Georgia , contact a criminal attorney.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
Chatham County, Georgia DUI law firm
Chatham County, Georgia DUI law firm
Drunk driving happens if a person is driving an automobile, after consuming alcoholic beverages to such an extent that his ability to drive the vehicle is impaired. Most people charged with drunk driving claim that their driving was fine. They believe either the officer made up an excuse to pull them over, or that the "mistake" that the officer observed did not concern their driving.
Every state imposes a maximum permissible blood alcohol content (BAC) for drivers, and you are considered legally "drunk" even if you do not feel that you are in any way influenced by the alcohol you drank. The legal limit for blood alcohol in Chatham County, Georgia, is usually 0.08%, but drunk driving charges are also possible based upon your driving conduct even at a lesser BAC.
Besides, you could be stopped as there is a mechanical problem with your car. When the officer observes you to appear intoxicated (usual indicators: slurred speech, glassy or bloodshot eyes, poor balance, conspicuous odor of alcohol, lack of coordination, difficulty comprehending instructions, clumsiness or lack of coordination, combativeness, and disorientation), he can investigate more.
The penalties vary substantially from state to state. All drunk driving offenses in Chatham County, Georgia can result in a jail sentence. But, most first offenders are awarded lesser punishments, for example driver's license restrictions, fines, mandatory attendance of drunk driver's education classes, mandatory attendance of alcohol counseling, community service, or probation.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
Drunk driving happens if a person is driving an automobile, after consuming alcoholic beverages to such an extent that his ability to drive the vehicle is impaired. Most people charged with drunk driving claim that their driving was fine. They believe either the officer made up an excuse to pull them over, or that the "mistake" that the officer observed did not concern their driving.
Every state imposes a maximum permissible blood alcohol content (BAC) for drivers, and you are considered legally "drunk" even if you do not feel that you are in any way influenced by the alcohol you drank. The legal limit for blood alcohol in Chatham County, Georgia, is usually 0.08%, but drunk driving charges are also possible based upon your driving conduct even at a lesser BAC.
Besides, you could be stopped as there is a mechanical problem with your car. When the officer observes you to appear intoxicated (usual indicators: slurred speech, glassy or bloodshot eyes, poor balance, conspicuous odor of alcohol, lack of coordination, difficulty comprehending instructions, clumsiness or lack of coordination, combativeness, and disorientation), he can investigate more.
The penalties vary substantially from state to state. All drunk driving offenses in Chatham County, Georgia can result in a jail sentence. But, most first offenders are awarded lesser punishments, for example driver's license restrictions, fines, mandatory attendance of drunk driver's education classes, mandatory attendance of alcohol counseling, community service, or probation.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
Chatham County, Georgia Marijuana laws
Chatham County, Georgia Marijuana laws
GA, along with the remaining 49 states, has adopted a tough stance in the war on drugs. Georgia’s marijuana rules are harsh. The legal effects are probably much more severe than you’ve ever imagined. When you’ve charged with a marijuana related crime, it is essential that you choose a lawyer experienced in defending marijuana charges. Selling, buying, using and growing marijuana are all illegal in Chatham County, Georgia . When you are convicted of a marijuana charge, you will be sentenced to prison time and a large fine. The severity of the penalty differs depending on various factors. Quantity is one factor that is considered when deciding the penalty.
A marijuana possession Chatham County, Georgia with intent to distribute charge invites some especially severe penalties. This felony crime includes prison time and even fines beginning in the thousands. If you have a large quantity of drugs, you could be slapped with this offense even if you had no intention of distributing the marijuana. In these instances, intent is based on the quantity of the drug in your possession.
Selling marijuana or growing marijuana Chatham County, Georgia also leads toa more severe punishment. The place of where you are accused of marijuana selling is an important factor. A conviction for sale of drugs near a school will lead to more serious punishment. If you have had one or more past marijuana convictions, you will spend more time in jail or pay even greater fines.
If you have been charged with a marijuana crime in Chatham County, Georgia contact a marijuana defense lawyer immediately.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
GA, along with the remaining 49 states, has adopted a tough stance in the war on drugs. Georgia’s marijuana rules are harsh. The legal effects are probably much more severe than you’ve ever imagined. When you’ve charged with a marijuana related crime, it is essential that you choose a lawyer experienced in defending marijuana charges. Selling, buying, using and growing marijuana are all illegal in Chatham County, Georgia . When you are convicted of a marijuana charge, you will be sentenced to prison time and a large fine. The severity of the penalty differs depending on various factors. Quantity is one factor that is considered when deciding the penalty.
A marijuana possession Chatham County, Georgia with intent to distribute charge invites some especially severe penalties. This felony crime includes prison time and even fines beginning in the thousands. If you have a large quantity of drugs, you could be slapped with this offense even if you had no intention of distributing the marijuana. In these instances, intent is based on the quantity of the drug in your possession.
Selling marijuana or growing marijuana Chatham County, Georgia also leads toa more severe punishment. The place of where you are accused of marijuana selling is an important factor. A conviction for sale of drugs near a school will lead to more serious punishment. If you have had one or more past marijuana convictions, you will spend more time in jail or pay even greater fines.
If you have been charged with a marijuana crime in Chatham County, Georgia contact a marijuana defense lawyer immediately.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
Chatham County, Georgia Marijuana law firm
Chatham County, Georgia Marijuana law firm
Marijuana rules are different in each state. It is important to understand the subtle differences. Buying, selling, using or growing marijuana is illegal across of the United States. Penalties vary from place to place, however typically consist of jail time, a fine or both. In few states, you can be arrested for simply being in a place where you are aware that drug activity is taking place. The severity of the penalty varies based on several factors:
• Quantity - Penalties vary based on the quantity of marijuana found in the person's possession.
• Selling - Penalties are more severe for persons intending to sell.
• Growing - Penalties are much severe for those growing cannabis.
• Location - A person arrested for selling marijuana near a school will usually face harsher penalties.
When you're caught with marijuana, you will receive a large fine and/or go to jail. When you are caught more than once, or when appears as if you're likely to sell the drug, the punishment is tougher.
Chatham County, Georgia has strict marijuana laws. If you have been charged with a marijuana crime, contact a marijuana defense attorney immediately.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
Marijuana rules are different in each state. It is important to understand the subtle differences. Buying, selling, using or growing marijuana is illegal across of the United States. Penalties vary from place to place, however typically consist of jail time, a fine or both. In few states, you can be arrested for simply being in a place where you are aware that drug activity is taking place. The severity of the penalty varies based on several factors:
• Quantity - Penalties vary based on the quantity of marijuana found in the person's possession.
• Selling - Penalties are more severe for persons intending to sell.
• Growing - Penalties are much severe for those growing cannabis.
• Location - A person arrested for selling marijuana near a school will usually face harsher penalties.
When you're caught with marijuana, you will receive a large fine and/or go to jail. When you are caught more than once, or when appears as if you're likely to sell the drug, the punishment is tougher.
Chatham County, Georgia has strict marijuana laws. If you have been charged with a marijuana crime, contact a marijuana defense attorney immediately.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
The Writ of Habeas Corpus
The Writ of Habeas Corpus
If someone you know has been imprisoned in Savannah, Georgia , contact a criminal law firm
A petition for habeas corpus usually includes the following
• The prisoner’s identity;
• The prisoner’s custodian’s identity;
• The time, date and place of the requested court hearing; and
• The issues to be addressed at that time by the court
Under law, prisoners can to file petitions for habeas corpus, challenging the legality of their detention but the right may be suspended in times of national emergency.
When a court has been served with a petition for habeas corpus, based upon the nature of the petition, it can grant a writ, reject the petition, or fix a hearing on the petition. Once the writ is granted, the writ may be served upon the custodian of the prisoner asking that the prisoner be produced before court as ordered.
If a writ of habeas corpus is issued, the prisoner will be produced in court at the fixed date and time. The aim of a hearing on a writ of habeas corpus is not to determine whether the prisoner is innocent or not, but is rather to determine if the legal grounds claimed for the detention is lawful. If the imprisonment is illegal, the prisoner has to be released. Whether or not detention is legal, if a charge against the prisoner is valid the prisoner can undergo trial on that charge. For example, a prisoner can file a petition for habeas corpus alleging imprisonment on the grounds of an illegally excessive bail amount, however even if the reviewing court holds the bail amount is excessive and provides relief the prisoner may still have to undergo trial on the underlying charge.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
If someone you know has been imprisoned in Savannah, Georgia , contact a criminal law firm
A petition for habeas corpus usually includes the following
• The prisoner’s identity;
• The prisoner’s custodian’s identity;
• The time, date and place of the requested court hearing; and
• The issues to be addressed at that time by the court
Under law, prisoners can to file petitions for habeas corpus, challenging the legality of their detention but the right may be suspended in times of national emergency.
When a court has been served with a petition for habeas corpus, based upon the nature of the petition, it can grant a writ, reject the petition, or fix a hearing on the petition. Once the writ is granted, the writ may be served upon the custodian of the prisoner asking that the prisoner be produced before court as ordered.
If a writ of habeas corpus is issued, the prisoner will be produced in court at the fixed date and time. The aim of a hearing on a writ of habeas corpus is not to determine whether the prisoner is innocent or not, but is rather to determine if the legal grounds claimed for the detention is lawful. If the imprisonment is illegal, the prisoner has to be released. Whether or not detention is legal, if a charge against the prisoner is valid the prisoner can undergo trial on that charge. For example, a prisoner can file a petition for habeas corpus alleging imprisonment on the grounds of an illegally excessive bail amount, however even if the reviewing court holds the bail amount is excessive and provides relief the prisoner may still have to undergo trial on the underlying charge.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
The Habeas Petition
The Habeas Petition
The petition for habeas corpus seeks that the judge issue a writ, requiring that a prisoner be produced before the court on a fixed place, date and time.
In the beginning, a petition for habeas corpus used to be filed to seek that the custodian of the prisoner be ordered to bring a prisoner to the county court to testify in a legal matter. This function of a petition for habeas corpus still exists, if a prisoner is in the custody of another county or criminal justice system, and the prisoner's presence is important for a lawsuit. Often, a prisoner will be brought to the local jurisdiction by the local Sheriff's department, which will be responsible for watching the prisoner at the time of court proceedings and returning the prisoner to the other jurisdiction at the end of the proceedings. However, when most people think of a writ of habeas corpus, they think of something more significant - a petition seeking that the custodian of the prisoner explain in court the legal basis on which the prisoner is detained. This category of writ is often considered to be an "extraordinary remedy", which indicates that the prisoner has exhausted all other avenues of relief or appeal, and no other adequate remedy remains. The writ of habeas corpus may seek relief on grounds not available on direct appeal.
If someone you know has been imprisoned in Savannah, Georgia , contact a criminal lawyer.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
The petition for habeas corpus seeks that the judge issue a writ, requiring that a prisoner be produced before the court on a fixed place, date and time.
In the beginning, a petition for habeas corpus used to be filed to seek that the custodian of the prisoner be ordered to bring a prisoner to the county court to testify in a legal matter. This function of a petition for habeas corpus still exists, if a prisoner is in the custody of another county or criminal justice system, and the prisoner's presence is important for a lawsuit. Often, a prisoner will be brought to the local jurisdiction by the local Sheriff's department, which will be responsible for watching the prisoner at the time of court proceedings and returning the prisoner to the other jurisdiction at the end of the proceedings. However, when most people think of a writ of habeas corpus, they think of something more significant - a petition seeking that the custodian of the prisoner explain in court the legal basis on which the prisoner is detained. This category of writ is often considered to be an "extraordinary remedy", which indicates that the prisoner has exhausted all other avenues of relief or appeal, and no other adequate remedy remains. The writ of habeas corpus may seek relief on grounds not available on direct appeal.
If someone you know has been imprisoned in Savannah, Georgia , contact a criminal lawyer.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
Defendant’s rights when facing forfeiture in Savannah, Georgia
Defendant’s rights when facing forfeiture in Savannah, Georgia
Your rights, and the process involved in criminal forfeiture, differs significantly from state to state, and even based on the law you are accused of breaking. If you are facing criminal forfeiture of your property, you may be given notice in advance of your prosecution. Many times, criminal forfeiture proceedings will be started at the time of, or after conviction.
The manner in which forfeiture will be dealt with, and if the proceedings are "criminal" or "civil" in nature, will differ substantially from state to state. It is generally advisable to seek assistance from an attorney, if you are facing any type of forfeiture proceeding.
Civil forfeiture is similar in numerous ways to criminal forfeiture. However, while criminal forfeiture imposes an additional penalty upon the property’s owner for the wrongful conduct, a civil forfeiture action is initiated against the property itself. For criminal forfeiture to be initiated, the property’s owner must be convicted of a crime, whereas civil forfeiture can occur although the owner is acquitted. In some instances, the property owner may not even be charged with a criminal offense. Civil forfeiture actions must establish "beyond a reasonable doubt" that the property has a enough relationship to a crime to mandate its forfeiture under the law. Criminal cases should be tried under the much higher standard of, "Guilty beyond a reasonable doubt."
If you are facing forfeiture in Savannah, Georgia , contact an attorney immediately.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
Your rights, and the process involved in criminal forfeiture, differs significantly from state to state, and even based on the law you are accused of breaking. If you are facing criminal forfeiture of your property, you may be given notice in advance of your prosecution. Many times, criminal forfeiture proceedings will be started at the time of, or after conviction.
The manner in which forfeiture will be dealt with, and if the proceedings are "criminal" or "civil" in nature, will differ substantially from state to state. It is generally advisable to seek assistance from an attorney, if you are facing any type of forfeiture proceeding.
Civil forfeiture is similar in numerous ways to criminal forfeiture. However, while criminal forfeiture imposes an additional penalty upon the property’s owner for the wrongful conduct, a civil forfeiture action is initiated against the property itself. For criminal forfeiture to be initiated, the property’s owner must be convicted of a crime, whereas civil forfeiture can occur although the owner is acquitted. In some instances, the property owner may not even be charged with a criminal offense. Civil forfeiture actions must establish "beyond a reasonable doubt" that the property has a enough relationship to a crime to mandate its forfeiture under the law. Criminal cases should be tried under the much higher standard of, "Guilty beyond a reasonable doubt."
If you are facing forfeiture in Savannah, Georgia , contact an attorney immediately.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
Criminal forfeiture in Savannah, Georgia
Criminal forfeiture in Savannah, Georgia
Criminal forfeiture in Savannah, Georgia refers to the seizure your properties by the state, because of its relationship to a crime. Forfeiture laws vary from state to state, and may be broader or narrower depending upon the crime committed and the laws of the state. But, generally, criminal forfeiture will be sought when the properties are used in the commission of a criminal activity, or was obtained by a crime.
Criminal forfeiture happens if, after the owner is convicted of a criminal offense, and when forfeiture is allowed under the rules of the prosecuting state, it is demonstrated that your property has a sufficient relationship to the criminal offense to justify depriving you of the property rights. For example, the state can have a rule that gives the court the right to forfeit your car, if you are convicted of drunk driving. The prosecutor's office can seek forfeiture of your property even your business or home when you are convicted of particular offenses, including drug trafficking or racketeering.
When you are facing a charge involving likely criminal forfeiture, you can include the issue of forfeiture in any plea negotiations that might occur with the prosecution.
If you are facing forfeiture in Savannah, Georgia , contact an attorney immediately.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
Criminal forfeiture in Savannah, Georgia refers to the seizure your properties by the state, because of its relationship to a crime. Forfeiture laws vary from state to state, and may be broader or narrower depending upon the crime committed and the laws of the state. But, generally, criminal forfeiture will be sought when the properties are used in the commission of a criminal activity, or was obtained by a crime.
Criminal forfeiture happens if, after the owner is convicted of a criminal offense, and when forfeiture is allowed under the rules of the prosecuting state, it is demonstrated that your property has a sufficient relationship to the criminal offense to justify depriving you of the property rights. For example, the state can have a rule that gives the court the right to forfeit your car, if you are convicted of drunk driving. The prosecutor's office can seek forfeiture of your property even your business or home when you are convicted of particular offenses, including drug trafficking or racketeering.
When you are facing a charge involving likely criminal forfeiture, you can include the issue of forfeiture in any plea negotiations that might occur with the prosecution.
If you are facing forfeiture in Savannah, Georgia , contact an attorney immediately.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
Savannah, Georgia White Collar Crimes
Savannah, Georgia White Collar Crimes
"White Collar Crimes" are a type of criminal activities that generally take place in businesses or corporations, such as "insider trading," "antitrust violations," "computer fraud," "securities fraud," and "money laundering." White collar crimes are non-violent in nature, and typically consist of some form of fraud or dishonesty. These crimes are committed through apparently legal businesses. Many times the principals of the corporation are involved in the criminal activity, whereas on many occasions the criminal offense is committed by an employee of the corporation, without the knowledge of anyone else.
A corporation in Savannah, Georgia that does not respond properly to an offense, or allegations of a crime, may appear to be involved in that criminal activity. Especially if the corporation is governed by state or federal laws, it is vital to have the right compliance, reporting and investigatory mechanisms, to deal with any rumors or reports of illegalities by staff. If a business does not want to be made liable for illegal conduct, or desires to reduce the responsibility, the best method of doing so is often to cooperate with any investigation of the inappropriate conduct.
There can also be circumstances where a corporation appears to be so deeply involved in the criminal offense that a criminal charge is initiated against the business itself. This often happens if it appears that the managers and directors of the business were so involved in, or so indifferent to, the criminal offense that the entire corporation appears to have actively permitted the offense.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
"White Collar Crimes" are a type of criminal activities that generally take place in businesses or corporations, such as "insider trading," "antitrust violations," "computer fraud," "securities fraud," and "money laundering." White collar crimes are non-violent in nature, and typically consist of some form of fraud or dishonesty. These crimes are committed through apparently legal businesses. Many times the principals of the corporation are involved in the criminal activity, whereas on many occasions the criminal offense is committed by an employee of the corporation, without the knowledge of anyone else.
A corporation in Savannah, Georgia that does not respond properly to an offense, or allegations of a crime, may appear to be involved in that criminal activity. Especially if the corporation is governed by state or federal laws, it is vital to have the right compliance, reporting and investigatory mechanisms, to deal with any rumors or reports of illegalities by staff. If a business does not want to be made liable for illegal conduct, or desires to reduce the responsibility, the best method of doing so is often to cooperate with any investigation of the inappropriate conduct.
There can also be circumstances where a corporation appears to be so deeply involved in the criminal offense that a criminal charge is initiated against the business itself. This often happens if it appears that the managers and directors of the business were so involved in, or so indifferent to, the criminal offense that the entire corporation appears to have actively permitted the offense.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
Savannah, Georgia Criminal Defense attorney
Savannah, Georgia Criminal Defense attorney
Usual "civil infractions" include "moving violations", like "speeding" and "failure to yield." At times people get confused, when they are charged with a traffic misdemeanor, such as having invalid license plates or driving an uninsured automobile, and feel that they are being charged with "civil infractions." Traffic misdemeanors in Savannah, Georgia are criminal offenses, and can establish a criminal record. Many traffic misdemeanors also carry "points" that will be added to the defendant's driving record, and some require the revocation of a driver's license. If you have been booked for a "misdemeanor," the ticket will usually reflect the nature of the charge, and you will be required to appear in court. When the charge is a "civil infraction," you typically will not have to appear in court when you pay a fine by mail.
A defendant facing misdemeanor charges in Savannah, Georgia has fewer legal rights than a defendant facing a felony charge. If the defendant does not face imprisonment as a result of conviction, he has no right to an attorney. There will be no right to indictment by grand jury, or to a "preliminary examination" to review the basis of the charges filed. In some states, misdemeanor charges are tried before six person juries, while felonies are usually tried before twelve man juries. Most other rights are the same, for both felonies and misdemeanors.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
Usual "civil infractions" include "moving violations", like "speeding" and "failure to yield." At times people get confused, when they are charged with a traffic misdemeanor, such as having invalid license plates or driving an uninsured automobile, and feel that they are being charged with "civil infractions." Traffic misdemeanors in Savannah, Georgia are criminal offenses, and can establish a criminal record. Many traffic misdemeanors also carry "points" that will be added to the defendant's driving record, and some require the revocation of a driver's license. If you have been booked for a "misdemeanor," the ticket will usually reflect the nature of the charge, and you will be required to appear in court. When the charge is a "civil infraction," you typically will not have to appear in court when you pay a fine by mail.
A defendant facing misdemeanor charges in Savannah, Georgia has fewer legal rights than a defendant facing a felony charge. If the defendant does not face imprisonment as a result of conviction, he has no right to an attorney. There will be no right to indictment by grand jury, or to a "preliminary examination" to review the basis of the charges filed. In some states, misdemeanor charges are tried before six person juries, while felonies are usually tried before twelve man juries. Most other rights are the same, for both felonies and misdemeanors.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
Savannah, Georgia Criminal law firm
Savannah, Georgia Criminal law firm
A "civil infraction" is not a crime, however it is a charge filed by the state. The state should establish that you are guilty of a civil infraction by a "preponderance of the evidence," which is to say, that it is more likely than not that you committed the violation. This is a much lesser standard than the "proof beyond a reasonable doubt" standard which applies in civil cases. A typical civil infraction will be determined by a judge, without a jury, in what is generally a short proceeding.
Some states have a class of "petty offenses," in which the defendant will be tried without a jury before a magistrate. Typically, the only punishment for a "petty offense" is a fine. But, these offenses can be of a criminal nature.
A "misdemeanor" is a criminal offense, and conviction ordinarily ends in a criminal record. Misdemeanors are technically less serious crimes, although the consequences of conviction can nevertheless be very severe. Likely punishments for misdemeanors include imprisonment, probation, fines, and some times driver's license suspensions. Certain misdemeanors are considered as "sex crimes" and require that a convicted person register as a "sex offender", and notify the police informed of his place of residence -- a requirement that may continue for life.
Felonies are the most serious offenses that can be charged. Sometimes, the distinction between "felonies" and "misdemeanors" seems arbitrary. However, all of the most serious criminal offenses like murder, sexual assault, embezzlement, burglary, robbery, arson, and treason are felonies.
If you have been charged with a crime in Savannah, Georgia , contact a criminal attorney.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
A "civil infraction" is not a crime, however it is a charge filed by the state. The state should establish that you are guilty of a civil infraction by a "preponderance of the evidence," which is to say, that it is more likely than not that you committed the violation. This is a much lesser standard than the "proof beyond a reasonable doubt" standard which applies in civil cases. A typical civil infraction will be determined by a judge, without a jury, in what is generally a short proceeding.
Some states have a class of "petty offenses," in which the defendant will be tried without a jury before a magistrate. Typically, the only punishment for a "petty offense" is a fine. But, these offenses can be of a criminal nature.
A "misdemeanor" is a criminal offense, and conviction ordinarily ends in a criminal record. Misdemeanors are technically less serious crimes, although the consequences of conviction can nevertheless be very severe. Likely punishments for misdemeanors include imprisonment, probation, fines, and some times driver's license suspensions. Certain misdemeanors are considered as "sex crimes" and require that a convicted person register as a "sex offender", and notify the police informed of his place of residence -- a requirement that may continue for life.
Felonies are the most serious offenses that can be charged. Sometimes, the distinction between "felonies" and "misdemeanors" seems arbitrary. However, all of the most serious criminal offenses like murder, sexual assault, embezzlement, burglary, robbery, arson, and treason are felonies.
If you have been charged with a crime in Savannah, Georgia , contact a criminal attorney.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
Savannah, Georgia DUI attorney
Savannah, Georgia DUI attorney
Drunk driving occurs if an individual is driving an automobile, after consuming alcoholic beverages to such an extent that his ability to drive a vehicle is impaired. Many people charged with drunk driving claim that their driving was alright. They feel either the officer made up an excuse to pull them over, or that the "mistake" that the officer observed had nothing to do with their driving.
Every state imposes a maximum permissible blood alcohol content (BAC) for drivers, and you are considered legally "drunk" even when you do not feel that you are in any way influenced by the alcohol you drank. The legal limit for blood alcohol in Savannah, Georgia, is usually 0.08%, but DUI charges are also possible depending on your driving conduct even at a lesser BAC.
Additionally, you may be stopped since there is a mechanical problem with your car. If the officer observes you to appear intoxicated (general indicators: slurred speech, glassy or bloodshot eyes, poor balance, conspicuous odor of alcohol, lack of coordination, difficulty comprehending instructions, clumsiness or lack of coordination, combativeness, and disorientation), he can investigate further.
The penalties vary substantially from state to state. All drunk driving offenses in Savannah, Georgia can result in a prison term. However, most first offenders are awarded lesser punishments, like driver's license restrictions, fines, mandatory attendance of drunk driver's education classes, mandatory attendance of alcohol counseling, community service, or probation.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
Drunk driving occurs if an individual is driving an automobile, after consuming alcoholic beverages to such an extent that his ability to drive a vehicle is impaired. Many people charged with drunk driving claim that their driving was alright. They feel either the officer made up an excuse to pull them over, or that the "mistake" that the officer observed had nothing to do with their driving.
Every state imposes a maximum permissible blood alcohol content (BAC) for drivers, and you are considered legally "drunk" even when you do not feel that you are in any way influenced by the alcohol you drank. The legal limit for blood alcohol in Savannah, Georgia, is usually 0.08%, but DUI charges are also possible depending on your driving conduct even at a lesser BAC.
Additionally, you may be stopped since there is a mechanical problem with your car. If the officer observes you to appear intoxicated (general indicators: slurred speech, glassy or bloodshot eyes, poor balance, conspicuous odor of alcohol, lack of coordination, difficulty comprehending instructions, clumsiness or lack of coordination, combativeness, and disorientation), he can investigate further.
The penalties vary substantially from state to state. All drunk driving offenses in Savannah, Georgia can result in a prison term. However, most first offenders are awarded lesser punishments, like driver's license restrictions, fines, mandatory attendance of drunk driver's education classes, mandatory attendance of alcohol counseling, community service, or probation.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
Savannah, Georgia Marijuana regulations
Savannah, Georgia Marijuana regulations
GA, along with the remaining 49 states, has adopted a tough stance in the war on drugs. GA’s marijuana rules are tough. The legal consequences are perhaps far more severe than you’ve ever imagined. When you’ve charged with a marijuana connected offense, it is essential that you find an attorney experienced in fighting marijuana charges. Selling, buying, using and growing marijuana are all illegal in Savannah, Georgia . If you are convicted of a marijuana charge, you will be sentenced to jail term and a heavy fine. The severity of the sentence differs based on a number of factors. Quantity is one factor that is considered at the time of deciding the sentencing.
A marijuana possession Savannah, Georgia with intent to distribute charge attracts some especially harsh penalties. This felony offense includes prison term and also fines starting in the thousands. If you possess a large quantity of drugs, you may be slapped with this charge even if you have no intention of distributing the drug. In these cases, intent is based on the quantity of the drug in your possession.
Selling marijuana or growing marijuana Savannah, Georgia also results ina more severe punishment. The location of where you are charged of marijuana selling is a vital element. A conviction for sale of drugs near a school will lead to more serious penalties. If you have had one or more prior marijuana convictions, you will spend more time in jail or pay even larger fines.
If you have been charged with a marijuana crime in Savannah, Georgia contact a marijuana defense attorney immediately.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
GA, along with the remaining 49 states, has adopted a tough stance in the war on drugs. GA’s marijuana rules are tough. The legal consequences are perhaps far more severe than you’ve ever imagined. When you’ve charged with a marijuana connected offense, it is essential that you find an attorney experienced in fighting marijuana charges. Selling, buying, using and growing marijuana are all illegal in Savannah, Georgia . If you are convicted of a marijuana charge, you will be sentenced to jail term and a heavy fine. The severity of the sentence differs based on a number of factors. Quantity is one factor that is considered at the time of deciding the sentencing.
A marijuana possession Savannah, Georgia with intent to distribute charge attracts some especially harsh penalties. This felony offense includes prison term and also fines starting in the thousands. If you possess a large quantity of drugs, you may be slapped with this charge even if you have no intention of distributing the drug. In these cases, intent is based on the quantity of the drug in your possession.
Selling marijuana or growing marijuana Savannah, Georgia also results ina more severe punishment. The location of where you are charged of marijuana selling is a vital element. A conviction for sale of drugs near a school will lead to more serious penalties. If you have had one or more prior marijuana convictions, you will spend more time in jail or pay even larger fines.
If you have been charged with a marijuana crime in Savannah, Georgia contact a marijuana defense attorney immediately.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
Savannah, Georgia Marijuana attorney
Savannah, Georgia Marijuana attorney
Marijuana regulations are different in every state. It is important to be aware of the subtle differences. Buying, selling, using or growing marijuana is illegal across of the US. Penalties vary from place to place, but generally include prison sentence, a fine or both. In few states, you will be arrested for simply being in a place where you are aware that drug activity is taking place. The severity of the penalty varies based on many factors:
• Quantity - Penalties differ depending on the amount of marijuana found in the person's possession.
• Selling - Penalties are more severe for persons intending to sell.
• Growing - Penalties are much severe for those growing cannabis.
• Location - A person caught selling marijuana near a school will usually face harsher penalties.
When you're found with marijuana, you will charged a huge fine and/or be sent to jail. When you are caught more than once, or when looks as if you're likely to sell the drug, the punishment is tougher.
Savannah, Georgia has strict marijuana laws. If you have been charged with a marijuana crime, contact a marijuana defense attorney immediately.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
Marijuana regulations are different in every state. It is important to be aware of the subtle differences. Buying, selling, using or growing marijuana is illegal across of the US. Penalties vary from place to place, but generally include prison sentence, a fine or both. In few states, you will be arrested for simply being in a place where you are aware that drug activity is taking place. The severity of the penalty varies based on many factors:
• Quantity - Penalties differ depending on the amount of marijuana found in the person's possession.
• Selling - Penalties are more severe for persons intending to sell.
• Growing - Penalties are much severe for those growing cannabis.
• Location - A person caught selling marijuana near a school will usually face harsher penalties.
When you're found with marijuana, you will charged a huge fine and/or be sent to jail. When you are caught more than once, or when looks as if you're likely to sell the drug, the punishment is tougher.
Savannah, Georgia has strict marijuana laws. If you have been charged with a marijuana crime, contact a marijuana defense attorney immediately.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
The Writ of Habeas Corpus
The Writ of Habeas Corpus
If someone you know has been imprisoned in Savannah GA , contact a criminal lawyer
A petition for habeas corpus usually has the following
• The identity of the prisoner;
• The identity of the prisoner's custodian;
• The time, date and place of the requested court hearing; and
• The issues to be addressed at that time by the court
Under law, prisoners are permitted to file petitions for habeas corpus, challenging the legality of their detention but this right can be suspended in cases of national emergency.
Once the court has been served with a petition for habeas corpus, depending upon the kind of the petition, it may grant a writ, deny the petition, or fix a hearing on the petition. When the writ is granted, the writ may be served upon the custodian of the prisoner asking that the prisoner be produced in court as directed.
When a writ of habeas corpus is issued, the prisoner will be brought to court at the fixed date and time. The objective of a hearing on the writ of habeas corpus is not to determine if a prisoner is innocent or not, but is rather to decide if the legal basis asserted for the imprisonment is lawful. When the detention is unlawful, the prisoner should be released. Whether or not detention is legal, if the charge against the prisoner is valid the prisoner may be subjected to trial on that charge. For example, the prisoner might file a petition for habeas corpus alleging detention on the grounds of an unlawfully high bail amount, but even if the reviewing court finds that bail amount is excessive and grants relief the prisoner would still have to undergo trial on the underlying charge.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
If someone you know has been imprisoned in Savannah GA , contact a criminal lawyer
A petition for habeas corpus usually has the following
• The identity of the prisoner;
• The identity of the prisoner's custodian;
• The time, date and place of the requested court hearing; and
• The issues to be addressed at that time by the court
Under law, prisoners are permitted to file petitions for habeas corpus, challenging the legality of their detention but this right can be suspended in cases of national emergency.
Once the court has been served with a petition for habeas corpus, depending upon the kind of the petition, it may grant a writ, deny the petition, or fix a hearing on the petition. When the writ is granted, the writ may be served upon the custodian of the prisoner asking that the prisoner be produced in court as directed.
When a writ of habeas corpus is issued, the prisoner will be brought to court at the fixed date and time. The objective of a hearing on the writ of habeas corpus is not to determine if a prisoner is innocent or not, but is rather to decide if the legal basis asserted for the imprisonment is lawful. When the detention is unlawful, the prisoner should be released. Whether or not detention is legal, if the charge against the prisoner is valid the prisoner may be subjected to trial on that charge. For example, the prisoner might file a petition for habeas corpus alleging detention on the grounds of an unlawfully high bail amount, but even if the reviewing court finds that bail amount is excessive and grants relief the prisoner would still have to undergo trial on the underlying charge.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
The Habeas Petition
The Habeas Petition
A petition for habeas corpus requests that the judge issue a writ, ordering that a prisoner be produced in the court on a particular place, date and time.
In its original use, the petition for habeas corpus was filed to request that the custodian of a prisoner be ordered to produce a prisoner to a county court to testify in a case. This use of the petition for habeas corpus still exists, where a prisoner is in the custody of another county or penal system, and the prisoner's attendance is important for a lawsuit. Typically, a prisoner must be taken to the local court by the local Sheriff's department, which will be responsible for guarding the prisoner during court proceedings and moving the prisoner to the other jurisdiction at the end of the proceedings. However, when most people think of a writ of habeas corpus, they think of something more significant - a petition demanding that the custodian of the prisoner explain in court the legal basis on which the prisoner is detained. This kind of writ is often considered to be an "extraordinary remedy", indicating that the prisoner has used up all other remedies of relief or appeal, and no other adequate avenue remains. A writ of habeas corpus may request relief on grounds not available on direct appeal.
If someone you know has been imprisoned in Savannah GA , contact a criminal lawyer.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
A petition for habeas corpus requests that the judge issue a writ, ordering that a prisoner be produced in the court on a particular place, date and time.
In its original use, the petition for habeas corpus was filed to request that the custodian of a prisoner be ordered to produce a prisoner to a county court to testify in a case. This use of the petition for habeas corpus still exists, where a prisoner is in the custody of another county or penal system, and the prisoner's attendance is important for a lawsuit. Typically, a prisoner must be taken to the local court by the local Sheriff's department, which will be responsible for guarding the prisoner during court proceedings and moving the prisoner to the other jurisdiction at the end of the proceedings. However, when most people think of a writ of habeas corpus, they think of something more significant - a petition demanding that the custodian of the prisoner explain in court the legal basis on which the prisoner is detained. This kind of writ is often considered to be an "extraordinary remedy", indicating that the prisoner has used up all other remedies of relief or appeal, and no other adequate avenue remains. A writ of habeas corpus may request relief on grounds not available on direct appeal.
If someone you know has been imprisoned in Savannah GA , contact a criminal lawyer.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
Defendant’s rights when facing forfeiture in Savannah GA
Defendant’s rights when facing forfeiture in Savannah GA
Your rights, and the procedure involved in criminal forfeiture, will differ substantially from state to state, and even depending upon the law you are accused of violating. If you are facing criminal forfeiture of your properties, you may be given notice in advance of your prosecution. At times, criminal forfeiture proceedings will be initiated at the time of, or after conviction.
The method in which forfeiture will be effected, and if the proceedings are "criminal" or "civil" in nature, will vary hugely from state to state. It is generally advisable to seek help from an attorney, if you are facing any type of forfeiture proceeding.
Civil forfeiture is very much like criminal forfeiture in many ways. But, whereas criminal forfeiture means to impose an extra penalty on the property’s owner for his wrongful conduct, a civil forfeiture action is initiated against the property itself. For criminal forfeiture to be initiated, the property’s owner has be convicted of a crime, whereas civil forfeiture might happen although the owner is acquitted. In certain instances, the property owner will not even be charged with a criminal activity. Civil forfeiture proceedings has to establish "beyond a reasonable doubt" that the property has a enough relationship to a criminal activity to justify its forfeiture under the law. Criminal cases are tried under the much higher standard of, "Guilty beyond a reasonable doubt."
If you are facing forfeiture in Savannah GA , contact a lawyer immediately.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney
Your rights, and the procedure involved in criminal forfeiture, will differ substantially from state to state, and even depending upon the law you are accused of violating. If you are facing criminal forfeiture of your properties, you may be given notice in advance of your prosecution. At times, criminal forfeiture proceedings will be initiated at the time of, or after conviction.
The method in which forfeiture will be effected, and if the proceedings are "criminal" or "civil" in nature, will vary hugely from state to state. It is generally advisable to seek help from an attorney, if you are facing any type of forfeiture proceeding.
Civil forfeiture is very much like criminal forfeiture in many ways. But, whereas criminal forfeiture means to impose an extra penalty on the property’s owner for his wrongful conduct, a civil forfeiture action is initiated against the property itself. For criminal forfeiture to be initiated, the property’s owner has be convicted of a crime, whereas civil forfeiture might happen although the owner is acquitted. In certain instances, the property owner will not even be charged with a criminal activity. Civil forfeiture proceedings has to establish "beyond a reasonable doubt" that the property has a enough relationship to a criminal activity to justify its forfeiture under the law. Criminal cases are tried under the much higher standard of, "Guilty beyond a reasonable doubt."
If you are facing forfeiture in Savannah GA , contact a lawyer immediately.
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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney