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
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