Savannah Georgia DUI Lawyer - Savannah GA Criminal Defense Attorneys

Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

2010-12-09T17:46:00.005-05:00

Savannah Georgia DUI Lawyer

DUI Trial Lawyer Savannah Georgia

Outcomes of a Criminal Offense in Coastal Empire Georgia

The different outcomes of a criminal charge are: a criminal investigation with no arrest, an arrest but dismissal of the case due to a procedural mistake made on the part of the police, an arrest followed by a plea bargain made with the government where the person pleads "guilty" in exchange for a lower sentence, an arrest followed by a trial where the person is found "not guilty", or an arrest followed by a trial and a guilty verdict and conviction. A guilty verdict or a plea bargain will result in a conviction and a criminal record is established. The establishment of a criminal record carries with it far-reaching impact. A conviction can carry a wealth of unseen consequences that can will be seen under a variety of circumstances. A criminal conviction can cause major repercussions. It can impact the person on a more basic level when he attempts to seek a job. Federal law and most state agencies now need background checks and allow rejection based on conviction in a large arena of employment areas including education, healthcare services, child and eldercare, financial institutions and transportation. A prior conviction will play a vital role in the outcome of all future criminal charges.
It's most effective to find a lawyer you trust as soon as possible soon after being charged with a GA criminal offense.
If you are charged with a criminal trial in a Savannah Georgia DUI Crime DUI, then consult with a competent Savannah Georgia Criminal Defense Law Firm today.

Savannah Georgia Drunk Driving Trial Attorney

2010-12-08T14:45:00.000-05:00

DUI Charge in Tybee Island GA and Savannah Georgia

The various results of a criminal charge are: a criminal investigation with no arrest, an arrest but dismissal of the case due to a procedural mistake made on the part of the police, an arrest followed by a plea bargain made with the government where the person pleads "guilty" in exchange for a lower sentence, an arrest followed by a trial where the person is acquitted, or an arrest followed by a trial and a guilty verdict and conviction. A guilty verdict or a plea bargain will result in a conviction and a criminal record is created. The establishment of a criminal record has far-reaching impact. A conviction will carry a wealth of hidden consequences that will will be seen under a variety of circumstances. A criminal conviction can cause major repercussions. It can impact the person on a more basic level when he attempts to seek a job. Federal law and most state agencies now requires background checks and allow disqualification based on conviction in a large variety of employment areas including education, healthcare services, child and eldercare, financial institutions and transportation. A prior conviction will play a vital role in the result of all future criminal charges.

It's most beneficial to find a legal representative you trust as soon as possible just after being charged with a Georgia criminal defense. If you are facing a criminal offense in a Savannah Georgia DUI Court DUI, then select a skilled Richmond Hill Georgia DUI Trial Attorney now.

Savannah Georgia Drunk Driving Law Firm

2010-12-08T14:44:00.000-05:00

Results of a DUI Defense Offense in Savannah GA: Criminal DWI Trial Lawyer Savannah GA

The various outcomes of a criminal charge includes without limitation: a criminal investigation with no arrest, an arrest but dismissal of the case because of a procedural error made on the part of the police, an arrest followed by a plea bargain made with the government where the accused pleads "guilty" in exchange for a lower sentence, an arrest followed by a trial where the person is found "not guilty", or an arrest followed by a trial and a guilty verdict and conviction. A guilty verdict or a plea bargain results in a conviction and a criminal record is created. The creation of a criminal record has far-reaching impact. A conviction can carry many unseen consequences that can will be seen under a variety of circumstances. A criminal conviction can have major repercussions. It can impact the person on a more basic level when he attempts to seek employment. Federal law and most state agencies now requires background checks and allow disqualification based on conviction in a large variety of employment areas including education, healthcare services, child and eldercare, financial institutions and transportation. A prior conviction can play a vital role in the result of all future criminal charges.
It's right to find a legal practitioner you trust as soon as possible right after being charged with a GA DUI.

If you are charged with a criminal offense in a Savannah GA Criminal Drunk Driving, then select a hard hitting Savannah GA Criminal Defense Trial Attorney immediately.

About us

2010-07-30T09:06:00.000-04:00

Savannah GA Criminal Defense Lawyers

The Law Office of Nye & Siamos
114 Barnard Street, Suite 2C
Savannah, Georgia 31401

912-544-0244

We are based in Savannah Georgia and defend cases throughout Coastal Georgia, to include: Savannah, Brunswick, Statesboro, Hinesville, Richmond Hill, Tybee Island, Chatham County, Effingham County, Liberty County, Fort Stewart, and Hunter Army Airfield.

Our DUI - criminal lawyers are located in Savannah, Georgia. We defend the following offenses in Georgia, Military and Federal Court: DUI & Drunk Driving - Drug Offenses - Sex Offenses - Non-Violent Crimes - Traffic Cases - Violent Crimes - Property Crimes and Theft - Firearm Offenses - White Collar Crimes.

Chatham County GA Burglary Lawyer - Burglaries Defined

2010-06-20T22:36:00.000-04:00

Richmond Hill and Savannah GA Burglary criminal law lawyer - search and seizure

Facing burglary charges in the Chatham County GA area

DUI Lawyer Savannah Georgia

Burglaries of hotels, motels, lodging houses, or other places where lodging of transients is the main purpose can create reporting problems to investigators. If numerous units under a single manager are burglarized and the offenses are most probably to be reported to the police by the manager instead of the individual tenants, the burglary must be considered as a single crime.

Examples are burglaries of numerous rental hotel rooms, rooms in flop houses, rooms in youth hostels, and units in a motel. If the individual living areas in a building are rented to the tenants for a period of time that would preclude the tenancy from being classified as transient, then the burglaries should most likely be reported separately by the tenants. These burglaries should be reported as individual offenses.

Instances of this latter kind of multiple burglary are the burglaries of numerous apartments in an apartment house, of the offices of a number of commercial firms in a business building, of the offices of separate professionals within one building, or of a number of rooms in a college dormitory.

Georgia Criminal Law: Search and Seizure Lawyer in Savannah

2010-06-20T22:33:00.002-04:00

Savannah GA criminal lawyers - search and seizure

Handling law on search and seizure in Richmond Hill Georgia

Savannah Georgia Criminal Defense Attorney

Under certain situations, law enforcement can conduct a search without first obtaining a search warrant. Common exceptions to the warrant requirement include:
Consent. police can conduct a search in the absence of a search warrant if they obtain consent. Consent must be freely and voluntarily given by an individual with a reasonable expectation of privacy in the area or property to be searched.
Plain View. An officer may seize evidence without a warrant when that officer is on the property legally and the evidence is found in plain view.

Search incident to arrest. While making a lawful arrest, an officer may search an individuals person and their immediate surroundings for weapons or other items that can harm the officer. When an individual is arrested in or near a vehicle, the officer can search the passenger compartment of that vehicle.
Exigent Circumstances. police do not need to obtain a search warrant if they reasonably believe that evidence may be destroyed or others will be placed in danger in the time it will take to obtain the warrant.

Automobile Exception. An officer may search a vehicle if they have a reasonable belief that contraband is contained inside the vehicle.

Hot Pursuit. law enforcement may enter a private dwelling if they are in hot pursuit of a fleeing criminal. Once inside a dwelling, police may search the entire area without first obtaining a search warrant.

Auto Theft and DUI Lawyer in Savannah Georgia

2010-06-20T22:32:00.000-04:00

Savannah GA motor vehicle theft criminal defense law firm

Fighting a auto theft allegation in Savannah Georgia

Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Auto Theft means the theft or attempted theft of a auto, which is a self-propelled car that moves on land surface and not on rails; for example, sport utility vehicles, automobiles, trucks, buses, motorcycles, motor scooters, all-terrain vehicles, and snowmobiles are considered as motor vehicles. This category does not include farm equipment, bulldozers, airplanes, construction equipment, or water craft like motorboats, sailboats, houseboats, or jet skis.

Taking a vehicle for temporary use if prior authority has been granted or can be assumed such as in family situations, rental car agreements, or unauthorized use by chauffeurs and others having legal access to the vehicle cannot be classified as car thefts.
Reporting agencies should treated as motor vehicle Theft in all cases where motor vehicle are taken by persons without permission although the autos are subsequently abandoned. They must include joyriding in this category. When a vehicle is stolen together with another offense, the reporting agency must treat the offenses with the help of procedures for classifying multiple offenses.

Savannah, Georgia DUI law firm

2010-05-13T09:08:00.000-04:00

Each 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 affected by the alcohol you had. The permissible limit for blood alcohol in Savannah, Georgia, is normally 0.08%, although DUI charges are often possible based upon your driving conduct even at a lesser BAC. If a driver’s BAC is more than .08%, the driver violates the DUI law. Based on the situation, those convicted of drunk driving can endure punishments that can range from a suspension or revocation of a license to a long stay in prison. If you have been charged with breaking a DUI law, you can find a seasoned Savannah, Georgia DUI law firm to assist you with your case. A DUI law firm in Savannah, Georgia can be found online and family, friends, or ideally a family lawyer, can also refer you to a seasoned Savannah, Georgia DUI law firm. A Savannah, Georgia DUI law firm has knowledge of all the laws to use to your benefit as well as interpreting state constitutions to use as a lifeline. The easiest way to prevent such tough punishment is to avoid being charged with DUI at all, or at least being charged more than once. But, sometimes, errors are made and unfortunate circumstances do arise. If you are facing multiple DUI charges, then the help of an experienced and skilled Savannah, Georgia DUI law firm can be invaluable.

-------------------------Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Savannah, Georgia criminal law firm

2010-05-12T09:08:00.000-04:00

Under law, prisoners have the right to file petitions for habeas corpus, challenging the legality of their detention but this right can be suspended in cases of national emergency. A petition for habeas corpus asks that a court issue a writ, requiring that a prisoner be produced in the court on a particular place, date and time. If a writ of habeas corpus is issued, the prisoner will be brought to court at the fixed date and time. The purpose of a hearing on the writ of habeas corpus is not to decide whether a prisoner is innocent or not, but is rather to decide whether the legal grounds asserted for the detention is legal. If the detention is illegal, the prisoner must be released. Whether or not imprisonment is legal, if the charge against the prisoner is valid the prisoner may undergo trial on that charge. For instance, the prisoner might file a petition for habeas corpus alleging detention on the grounds of an illegally excessive bail amount, however even if the reviewing court finds the bail amount is high and provides relief the prisoner would still have to undergo trial on the underlying charge. Never attempt filing a habeas corpus petition by yourself. Use the services of a seasoned Savannah, Georgia criminal law firm.

-------------------------Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Savannah, Georgia forfeiture law firm

2010-05-11T09:07:00.000-04:00

The method in which forfeiture will be handled, and if the proceedings are "criminal" or "civil" in nature, will differ hugely from state to state. It is generally advisable to take advise from an experienced Savannah, Georgia forfeiture law firm, if you are facing any kind of forfeiture action. Criminal forfeiture occurs when, after the owner is convicted of a crime, and if forfeiture is allowed under the laws of your jurisdiction, it is demonstrated that the property has a sufficient connection to the offense to mandate depriving you of the property rights. For example, the jurisdiction may have a rule that provides the court the right to forfeit your vehicle, when you are convicted of DUI. The prosecutor's office may request forfeiture of the property even your business or home when you are convicted of certain crimes, such as drug trafficking or racketeering. Civil forfeiture is similar in numerous ways to criminal forfeiture. But, whereas criminal forfeiture imposes an extra penalty on the property’s owner for the wrongful conduct, a civil forfeiture action is initiated against the property itself. For criminal forfeiture to start, the owner of the property has be convicted of a crime, however civil forfeiture might happen even if the owner is acquitted.

-------------------------Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Savannah, Georgia drug defense law firm

2010-05-10T09:07:00.000-04:00

Under Georgia law when a police officer finds that you have illegal drugs, you will be charged with drug possession although you weren’t actually holding the drugs in your hand. You are considered to be the owner of drugs found in your pockets or clothing, car or home, or any place over which you exercise control. If an officer finds drugs in your briefcase or purse, you will be considered in possession of those drugs. You may also be charged with drug possession when police find the materials to make a drug or the equipment to consume it. If you are found with a certain amount of drugs or you are caught trying to sell drugs or when an officer finds you with a scale, or even wads of money in certain circumstances, you will be charged with possession of drugs with intent to distribute. It is a more severe charge than simple drug possession. You should immediately contact a seasoned Savannah, Georgia drug defense law firm. The amount of drugs needed for this charge depends on the drug involved. If you are caught trying to sell drugs to children, the penalties are more tough.

Whereas a DUI offense involving drugs may be prosecuted by the State although where the drugs are prescribed by a physician, special rules apply to DUI-contraband cases. These cases involve illegal substances such as marijuana, cocaine, heroine, etc. in the driver’s blood system. The DUI offense in Savannah, Georgia is based upon driving when having an unlawful substance in your blood system. Although this issue is currently on appeal, the prosecution is not presently required to prove impairment because of the illegal contraband drugs in the system. Mere evidence of the presence of a contraband substance or its "metabolites" is sufficient to render a conviction. But, recent case law (Love v. State) holds that if a person has marijuana present in his/her system, the State must demonstrate that the individual was rendered incapable of driving safely as a result of using the marijuana.

-------------------------Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Savannah, Georgia Marijuana law firm

2010-05-09T09:05:00.000-04:00

Marijuana possession in Savannah, Georgia with intent to distribute charge carries some especially tough penalties. This felony offense includes jail time and also 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 instances, intent is based on the amount of marijuana in your possession. If you're found with marijuana, you can receive a heavy fine and/or go to prison. If you are caught more than once, or if looks like you're likely to sell the drug, the punishment is more severe. The severity of the penalty varies based on different factors:
• Quantity - Penalties differ based on the quantity of marijuana found in the person's possession.
• Selling - Penalties are much severe for persons intending to sell.
• Growing - Penalties are much severe for those cultivating cannabis.
• Location - A person arrested for selling marijuana near a school will generally face severe penalties.
The legal consequences are perhaps far more severe than you’ve ever imagined. If you’ve charged with a marijuana related offense, it is important that you choose a seasoned Savannah, Georgia marijuana defense law firm to defend the marijuana charges against you.

-------------------------Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Savannah, Georgia drug law firm

2010-05-08T09:04:00.000-04:00

Marijuana regulations are different in each state. It is important to understand the subtle differences. Buying, selling, using or growing marijuana is illegal in all states of the United States. Penalties differ from place to place, but typically consist of jail term, a fine or both. Beyond the misdemeanor DUI-contraband penalties, Georgia law has other more tough penalties for possession of drugs when marijuana or other drugs are found in a vehicle or a person’s pocket pocket. A "possession" offense may be committed by a person driving a car, or by a person not operating a car. Your driver’s license may be suspended on a guilty plea or a conviction for possession of drugs, although you were not driving when at the time of arrest. This law has been upheld by the Georgia Supreme Court after an appeal on challenges to its validity.

Savannah, Georgia has strict drug laws. If convicted, you can face long jail temrs and heavy fines. If you are charged with a drug crime, contact a seasoned Savannah, Georgia drug law firm. Under Georgia law if a police officer finds that you have illegal drugs, you will be charged with drug possession even if you weren’t actually holding the drugs in your hand. You will be considered to be the owner of drugs found in your pockets or clothing, car or home, or any place over which you have control.

-------------------------Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Savannah, Georgia murder and homicide law firm

2010-05-07T09:03:00.000-04:00

State and federal laws regarding homicide and murder are the most complex of any criminal laws. Never attempt to defend a murder or homicide charge by yourself. Before you hire a Savannah, Georgia murder and homicide law firm, ask for references. Ask to be provided with a copy of the attorney’s retainer agreement and have it explained to you before you select the attorney or the attorney’s law firm. A Savannah, Georgia murder and homicide law firm will want to know who you are and how you can be contacted. The Savannah, Georgia law firm may also ask for a personal and business background and any information about your case. The classifications of homicidal and murder offenses are complex but are often divided into a handful of categories based on severity. There are a certain types of homicide, or murder, which are defined by law. First degree murder is the premeditated, deliberate, and/or malicious act of willfully causing the death of another party. First degree murder is commonly referred to as "cold-blooded" murder because it is calculated and committed willfully with the intention to kill or do serious harm. Murder in the second degree is the crime of murdering in "the heat of passion" which may involve cases where a person acts during a period of intense fear, rage, anger, terror, or fear. This type of murder is generally treated as voluntary manslaughter. This type of murder can also happen when death results in the commission of another criminal act. A homicide by vehicle is considered as first degree when the driver:
(1) illegally met or overtook a school bus;(2) illegally failed to stop after a collision;(3) was driving recklessly;(4) was driving while under the influence of alcohol or drugs;(5) failed to stop for, or otherwise was trying to flee from a law enforcement officer, or (6) had previously been declared a habitual violator.

-------------------------Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Savannah, Georgia Arson Law firm

2010-05-06T09:02:00.000-04:00

Arson is a serious charge that generally doesn't involve getting off with a warning. A seasoned Savannah, Georgia arson law firm can help you if you are facing arson charges. The penalties can be severe, but a seasoned arson law firm can get you the best possible results. A person helping with the crime is generally charged with arson rather than being an accomplice to the crime. Pouring gasoline on the floor of a building or possessing firebombs might be offenses related to arson under certain state laws. Arson involving damage to federal property is almost always prosecuted in federal court, and also anything related to interstate or foreign transport. The elements of arson are lighting a fire that reaches a structure and, in turn, burns down said structure. Arson law also treats explosions as burnings. The police and firefighters determine the circumstances to be considered for arson like the type of structure and amount of damage. Arson is a crime of general intent meaning that arson was committed "willfully and maliciously." All that's necessary for an arson charge is evidence that you intentionally lit the fire.

-------------------------Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Savannah, Georgia criminal appeal law firm

2010-05-05T09:01:00.000-04:00

If arrested in Savannah, Georgia, your first court appearance will be at the arraignment. At the arraignment, the judge will read out the charges filed against you in the complaint and you can choose to plead "guilty," "not guilty" or "no contest" to those charges. The judge will also review your bail and fix dates for future hearings. A preliminary hearing, or preliminary examination, is the adversarial proceeding in which lawyers examine witnesses and both parties make arguments. The judge then makes the final finding of probable cause. In a grand jury, only the prosecutor is heard by the jury. The grand jury can call their own witnesses and request that further investigations be done. The grand jury then determines if sufficient proof has been presented to indict the defendant. If you have been convicted, you usually have the right to appeal. A seasoned Savannah, Georgia criminal appeal law firm will request the higher court to overturn the trial court’s decision due to legal or procedural mistakes. The appeal court judges are looking for errors which may have changed the decision. In a appeal, you submit written "briefs" to the court, along with a copy of the trial court transcript and any exhibits that were produced at trial. Oral arguments may be scheduled. Arguments are generally very short in duration, and tend to be academic in nature, focusing on legal issues. In an appeal, the higher court looks for mistakes in the verdict of the trial court. If the higher court finds mistakes in the trial court’s decision, the appeal court can direct a re-trial or set aside the conviction.

-------------------------Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Savannah, Georgia Criminal Defense Law firm

2010-05-04T09:01:00.000-04:00

Before you hire a Savannah, Georgia criminal defense law firm, request for references. Request to be provided with a copy of the attorney’s retainer agreement and have it explained to you before you hire the lawyer or the attorney’s law firm. A criminal defense lawyer will want to know who you are and how you can be contacted. The attorney can also ask for a personal and business background and any information relevant to your case. The criminal justice system is generally a very frightening thing for anyone in the crosshairs of a prosecutor, this makes it only more imperative to be represented by a good attorney. Savannah, Georgia criminal defense law firm will almost always charge by the hour or by a flat fee that should be paid in advance. Rules of professional conduct generally disallow a lawyer from entering into a contingent fee contract for a criminal action. Rates will be competitive. So it may be a good idea to shop around. However, lawyers with a good reputation in this area tend to charge more. With your freedom possibly at stake, it may be advisable to pay more for a lawyer or a law firm with an excellent reputation. Hire a lawyer with at least a few years of experience, and especially one with experience in the type of prosecution you are facing. As criminal cases are many times sorted out by plea agreements with the district attorney's office, it will be that your attorney has a good working relationship with the prosecuting attorney, or to at least have a reputation that commands respect.

-------------------------Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Savannah, GA DUI law firm

2010-05-03T09:00:00.000-04:00

Every state imposes a maximum permissible blood alcohol content (BAC) for drivers, and you will be 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, GA, is typically 0.08%, although drunk driving charges are often possible depending on your driving conduct even at a lower BAC. If a driver’s BAC is above .08%, he or she is violating the DUI law. Depending on the situation, persons convicted of drunk driving can endure punishments that range from a suspension or revocation of a license all the way a long stay in prison. If you have been charged with breaking a DUI law, you should find a seasoned Savannah, GA DUI law firm to assist you with your case. A DUI law firm in Savannah, GA can be found online and family, friends, or ideally a family attorney, can also refer you to a seasoned Savannah, GA DUI law firm. A Savannah, GA DUI law firm knows all the legal rules to use to your advantage as well as interpreting state constitutions to serve as a lifeline. The best method to prevent such harsh penalties is to avoid being charged with DUI at all, or at least being charged more than once. However, sometimes, errors happen and unfortunate circumstances do arise. If you are facing multiple DUI charges, then the help of an experienced and skilled Savannah, GA DUI law firm can be invaluable.

-------------------------Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Savannah, GA criminal law firm

2010-05-02T08:58:00.001-04:00

Under law, prisoners are allowed to file petitions for habeas corpus, challenging the legality of their detention but this right may be suspended in times of national emergency. The petition for habeas corpus requests that the judge issue a writ, ordering that the prisoner be produced in the court at a particular place, date and time. Once the writ of habeas corpus is issued, the prisoner will be produced in court at the scheduled date and time. The aim of a hearing on a writ of habeas corpus is not to determine if the prisoner is innocent or not, but is instead to decide if the legal grounds asserted for the imprisonment is legal. When 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 may undergo trial on that charge. For instance, the prisoner can file the petition for habeas corpus alleging imprisonment on the basis of an illegally high bail amount, but even if the reviewing court holds the bail amount is excessive and grants relief the prisoner would still have to undergo trial on the underlying charge. Do not attempt filing a habeas corpus petition by yourself. Use the services of a seasoned Savannah, GA criminal law firm.

-------------------------Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Savannah, GA forfeiture law firm

2010-05-01T08:58:00.000-04:00

The procedure in which forfeiture will be handled, and if the proceedings are "criminal" or "civil" in nature, will differ hugely from state to state. It is usually advisable to seek help from an experienced Savannah, GA forfeiture law firm, if you are facing any kind of forfeiture action. Criminal forfeiture occurs if, after the owner is convicted of a criminal activity, and if forfeiture is permitted under the rules of the prosecuting state, it is shown 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 provides the judge the right to forfeit your vehicle, when you are convicted of drunk driving. The prosecutor's office may ask for forfeiture of your property even your business or home if you are convicted of particular offenses, such as drug trafficking or racketeering. Civil forfeiture is similar in numerous ways to criminal forfeiture. However, whereas criminal forfeiture imposes 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 start, the property’s owner should be convicted of a crime, but civil forfeiture can take place although the owner is acquitted.

-------------------------Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Savannah, GA drug defense law firm

2010-04-30T08:56:00.000-04:00

Under Georgia law if a police officer finds that you have illegal drugs, you will be charged with drug possession although you weren’t actually holding the drugs in your hand. You are considered to be the owner of drugs found in your pockets or clothing, car or home, or any place over which you have control. If an officer finds drugs in your briefcase or purse, you would be considered in possession of those drugs. You may also be charged with drug possession when police find the materials to make a drug or the equipment to use it. If you are found with a certain amount of drugs or you are caught trying to sell drugs or when an officer finds you with a scale, or even wads of cash in some circumstances, you will be charged with possession of drugs with intent to distribute. It is a more severe charge than simple drug possession. You must immediately get in touch with a seasoned Savannah, GA drug defense law firm. The amount of drugs required for this charge depends on the drug involved. If you are caught trying to sell drugs to children, the penalties are more tough.

Whereas a DUI offense involving drugs can be prosecuted by the State even if the drugs are prescribed by a physician, special laws apply to DUI-contraband cases. These cases involve illegal substances such as marijuana, cocaine, heroine, etc. in the person’s blood system. The DUI offense in Savannah, GA is based upon driving while having an unlawful substance in the blood system. Even though this issue is presently on appeal, the prosecution is not presently required to establish impairment due to the illegal contraband drugs in the system. Mere proof of the presence of a contraband substance or its "metabolites" is sufficient to result in a conviction. But, recent case law (Love v. State) holds that if a person has marijuana present in his/her system, the State should prove that the person was rendered incapable of driving safely as a result of using the marijuana.

-------------------------Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Savannah, GA Marijuana law firm

2010-04-29T08:54:00.000-04:00

Marijuana possession in Savannah, GA with intent to distribute charge invites some especially tough penalties. This felony offense includes jail time and even fines beginning in the thousands. If you have a huge amount of drugs, you may be slapped with this charge even if you had no intention of distributing the marijuana. In these cases, intent depends on the quantity of the drug in your possession. When you're found with marijuana, you may receive a huge fine and/or go to jail. When you are caught more than once, or when appears like you're likely to sell the drug, the punishment is harsher. The severity of the penalty differs depending on different factors:
• Quantity - Penalties differ depending on the quantity of marijuana recovered from 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 often face harsher penalties.
The legal consequences are perhaps far more severe than you’ve ever imagined. If you’ve charged with a marijuana connected crime, it is important that you choose a seasoned Savannah, GA marijuana defense law firm to fight the marijuana charges against you.

-------------------------Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Savannah, GA drug law firm

2010-04-28T08:53:00.000-04:00

Marijuana rules are different in each state. It is important to know the subtle differences. Buying, selling, using or growing marijuana is illegal in every part of the US. Penalties differ from place to place, however typically consist of jail term, a fine or both. Beyond the misdemeanor DUI-contraband penalties, Georgia law has other more tough penalties for possession of drugs when marijuana or other drugs are found in a vehicle or someone’s pocket. A "possession" offense may be committed by a person driving a car, or by a person not operating a car. Your driver’s license may be suspended upon a guilty plea or a conviction for possession of drugs, even if you were not driving when arrested. This law has been upheld by the Georgia Supreme Court after an appeal on challenges to its constitutionality.

There are strict drug laws in Savannah, GA. On conviction, you could face long jail sentences and heavy fines. If you are charged with a drug crime, contact a seasoned Savannah, GA drug law firm. In Georgia if a police officer finds that you have illegal drugs, you will be charged with drug possession although you weren’t actually holding the drugs in your hand. You are considered to be the owner of drugs found in your pockets or clothing, car or home, or any place over which you exercise control.

-------------------------Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Savannah, GA murder and homicide law firm

2010-04-27T08:52:00.000-04:00

State and federal laws about homicide and murder are the most complicated of any criminal laws. Never attempt to defend a murder or homicide charge by yourself. Before you hire a Savannah, GA murder and homicide law firm, request for references. Request to be provided with a copy of the attorney’s retainer agreement and have it explained to you before you hire the lawyer or the attorney’s law firm. A Savannah, GA murder and homicide law firm will want to know who you are and how you can be contacted. The Savannah, GA law firm may also ask for a personal and business background and any information relevant to your case. The classifications of homicidal and murder offenses are complex but are often divided into a handful of categories depending on severity. There are a few types of homicide, or murder, that are defined by law. First degree murder refers to the premeditated, deliberate, and/or malicious act of intentionally causing the death of another individual. First degree murder is commonly referred to as "cold-blooded" murder as it is calculated and done willfully with the intention to kill or do serious harm. Murder in the second degree is the crime of murdering in "the heat of passion" that may involve cases where a person acts during a period of intense fear, rage, anger, terror, or fear. This type of murder is generally considered voluntary manslaughter. This type of murder can also happen if death results in the perpetration of another criminal act. A homicide by vehicle is considered as first degree when the driver:
(1) unlawfully met or overtook a school bus;(2) unlawfully failed to stop after a collision;(3) was driving recklessly;(4) was driving while under the influence of alcohol or drugs;(5) failed to stop for, or otherwise was trying to flee from a law enforcement officer, or (6) had previously been declared a habitual violator.

-------------------------Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Savannah, GA Arson Law firm

2010-04-26T08:51:00.000-04:00

Arson is a serious charge that usually doesn't involve being let off with a warning. A seasoned Savannah, GA arson law firm can assit you if you are facing arson charges. The penalties may be severe, but an experienced arson law firm can get you the best possible results. A person assisting with the crime is usually charged with arson rather than being an accomplice to the crime. Pouring gasoline on the floor of a building or possessing firebombs might be offenses related to arson under certain state statutes. Arson involving damage to federal property is almost always prosecuted in federal court, as is anything related to interstate or foreign transport. The elements of arson are setting a fire that reaches a structure and, in turn, burns down that structure. Arson law also considers explosions as burnings. The police and firefighters decide the circumstances to be considered for arson like the kind of structure and amount of damage. Arson is a crime of general intent meaning that arson was committed "willfully and maliciously." All that’s required for an arson charge is proof that the individual intentionally started the fire.

-------------------------Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Savannah, GA criminal appeal law firm

2010-04-25T08:50:00.000-04:00

If arrested in Savannah, GA, your first court appearance is at the arraignment. During arraignment, the judge will read out the charges filed against you in the complaint and you have to plead "guilty," "not guilty" or "no contest" to those charges. The judge will also determine your bail and set dates for future hearings. A preliminary hearing, or preliminary examination, is an adversarial hearing in which attorneys questions witnesses and both parties make arguments. The judge then determines the final finding of probable cause. In a grand jury, the jury hears only from the prosecutor. The grand jury can call their own witnesses and request that further investigations be performed. The grand jury then decides if sufficient proof has been presented to indict the defendant. If you have been convicted, you usually can appeal. A seasoned Savannah, GA criminal appeal law firm will ask the higher court to overturn the trial court’s decision based on legal or procedural mistakes. The appeal court judges are looking for errors which might have changed the verdict. In a appeal, you submit written "briefs" to the court, together with a copy of the trial court transcript and any exhibits that were produced at trial. Oral arguments may be scheduled. Arguments are generally very short in duration, and are academic in nature, discussing legal issues. In an appeal, the higher court looks for mistakes in the decision of the trial court. If the higher court finds errors in the trial court’s decision, the appeal court can order a re-trial or set aside the conviction.

-------------------------Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Savannah, GA Criminal Defense Law firm

2010-04-24T08:49:00.000-04:00

Before you hire a Savannah, GA criminal defense law firm, request for references. Ask to be provided with a copy of the attorney’s retainer agreement and have it explained to you before you hire the attorney or the attorney’s law firm. A criminal defense attorney will want to know who you are and how you can be contacted. The attorney may also ask for a personal and business background and any information about your case. The criminal justice system is usually a very frightening thing for anyone in the crosshairs of a prosecutor, this makes it only more imperative to be represented by a good attorney. Savannah, GA criminal defense law firm will almost always charge hourly rates or by a flat fee that should be paid up front. Rules of professional conduct usually prohibit a lawyer from entering into a contingent fee contract for a criminal action. Rates can be competitive. So it may be a good idea to shop around. However, lawyers with a good reputation in this area tend to charge more. With your freedom possibly on the line, it may be advisable to pay more for an attorney or a law firm with an excellent reputation. Hire a lawyer with at least a few years of experience, and especially one with experience in the type of prosecution you are facing. As criminal cases are many times sorted out by plea bargains with the district attorney's office, it is in your interest that your attorney has a good working relationship with the prosecuting attorney, or to at least have a reputation that commands respect.

-------------------------Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Richmond Hill, GA DUI law firm

2010-04-23T08:49:00.000-04:00

Every state imposes a maximum permissible blood alcohol content (BAC) for drivers, and you can be considered legally "drunk" even if you do not feel that you are in any way influenced by the alcohol you consumed. The permissible limit for blood alcohol in Richmond Hill, GA, is generally 0.08%, although DUI charges are often possible depending on your driving conduct even at a lesser BAC. If a motorist’s BAC is above .08%, the person violates the DUI law. Based on the situation, those convicted of drunk driving can endure punishments that range from a suspension or revocation of a license all the way a long stay in prison. If you have been charged with breaking a DUI law, you can find a seasoned Richmond Hill, GA DUI law firm to help you with your case. A DUI law firm in Richmond Hill, GA can be found online and family, friends, or ideally a family lawyer, can also refer you to a seasoned Richmond Hill, GA DUI law firm. A Richmond Hill, GA DUI law firm knows all the legal rules to use to your benefit as well as interpreting state constitutions to use as a lifeline. The easiest way to prevent such tough penalties is to avoid being charged with DUI at all, or at least being charged more than once. However, sometimes, mistakes are made and unfortunate circumstances do happen. If you are facing multiple DUI charges, then the help of an experienced and skilled Richmond Hill, GA DUI law firm can be invaluable.

-------------------------Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Richmond Hill, GA criminal law firm

2010-04-22T08:48:00.000-04:00

Under law, prisoners can to file petitions for habeas corpus, challenging the legality of their detention but this right can be suspended in times of national emergency. The petition for habeas corpus requests that a judge issue a writ, ordering that the prisoner be produced in the court at a fixed place, date and time. 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 a writ of habeas corpus is not to decide whether the prisoner is innocent or not, but is rather to determine whether the legal grounds asserted for the imprisonment is lawful. When the imprisonment is unlawful, the prisoner has to be released. Whether or not detention is lawful, if a charge against the prisoner is valid the prisoner may be subjected to trial on that charge. For example, a prisoner might file the petition for habeas corpus alleging detention on the grounds of an unlawfully excessive bail amount, however even if the reviewing court holds the bail amount is excessive and provides relief the prisoner would still have to stand trial on the underlying charge. Do not attempt filing a habeas corpus petition by yourself. Use the services of a seasoned Richmond Hill, GA criminal law firm.

-------------------------Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Richmond Hill, GA forfeiture law firm

2010-04-21T08:47:00.000-04:00

The procedure in which forfeiture will be handled, and if the proceedings are "criminal" or "civil" in nature, will differ significantly from state to state. It is usually advisable to seek assistance from an experienced Richmond Hill, GA forfeiture law firm, if you are facing any kind of forfeiture proceding. Criminal forfeiture occurs when, after the owner is convicted of a criminal offense, and if forfeiture is possible under the laws of the prosecuting state, it is shown that your property has a sufficient connection to the criminal activity to mandate depriving the owner of the property rights. For instance, your state can have a rule that provides the judge the right to forfeit your vehicle, when you are convicted of drunk driving. The prosecutor's office may seek forfeiture of the properties even your business or home when you are convicted of certain crimes, like drug trafficking or racketeering. Civil forfeiture is very much like criminal forfeiture in many ways. However, whereas criminal forfeiture means to impose an extra penalty on the owner of property for the wrongful conduct, a civil forfeiture action is brought against the property itself. For criminal forfeiture to be initiated, the property’s owner must be convicted of a crime, however civil forfeiture may occur although the owner is acquitted.

-------------------------Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Richmond Hill, GA drug defense law firm

2010-04-20T08:47:00.000-04:00

In Georgia when a police officer finds that you have illegal drugs, you will be charged with drug possession even if you weren’t actually holding the drugs in your hand. You will be considered to be the owner of drugs found in your pockets or clothing, car or home, or any place over which you have control. When an officer finds drugs in your briefcase or purse, you would be considered in possession of those drugs. You can also be charged with drug possession when police find the materials to make a drug or the equipment to consume it. If you are found with a certain amount of drugs or you are caught selling drugs or when an officer finds you with a scale, or even wads of money in certain circumstances, you will be charged with possession of drugs with intent to distribute. It is a much more serious charge than simple drug possession. You must immediately get in touch with a seasoned Richmond Hill, GA drug defense law firm. The amount of drugs required for this charge depends on the drug involved. If you are caught trying to sell drugs to children, the penalties are more tough.

Whereas a DUI offense involving drugs can be prosecuted by the State even where the drugs are prescribed by a physician, special rules apply to DUI-contraband charges. These cases involve illegal substances such as marijuana, cocaine, heroine, etc. in the person’s blood system. The DUI offense in Richmond Hill, GA is based upon driving when having an unlawful substance in your blood system. Although this issue is presently on appeal, the prosecutor is not currently required to establish impairment caused by the illegal contraband drugs in the system. Simple proof of the presence of a contraband substance or its "metabolites" is sufficient to render a conviction. But, recent case law (Love v. State) holds that if a person has marijuana present in his/her system, the State should demonstrate that the individual was rendered incapable of driving safely as a result of using the marijuana.

-------------------------Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Richmond Hill, GA Marijuana law firm

2010-04-19T08:46:00.000-04:00

Marijuana possession in Richmond Hill, GA with intent to distribute charge invites some especially severe penalties. This felony crime includes jail time and even fines beginning in the thousands. If you have a huge amount 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 amount of the drug in your possession. If you're found with marijuana, you can charged a large fine and/or go to jail. If you are caught more than once, or when appears like you're likely to sell the drug, the punishment is tougher. The severity of the penalty differs depending on different factors:
• Quantity - Penalties differ depending on the amount of marijuana recovered from the person's possession.
• Selling - Penalties are much severe for those intending to sell.
• Growing - Penalties are more severe for those cultivating cannabis.
• Location - A person caught selling marijuana near a school will usually face harsher penalties.
The legal effects are perhaps far more severe than you’ve ever imagined. When you’ve charged with a marijuana connected crime, it is essential that you find a seasoned Richmond Hill, GA marijuana defense law firm to defend the marijuana charges against you.

-------------------------Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Richmond Hill, GA drug law firm

2010-04-18T08:44:00.000-04:00

Marijuana rules are different in every state. It is important to understand the subtle differences. Buying, selling, using or growing marijuana is illegal in all states of the US. Penalties vary from place to place, but normally consist of jail term, a fine or both. Beyond the misdemeanor DUI-contraband penalties, Georgia law has other more punitive statutes for possession of drugs when marijuana or other drugs are found in a vehicle or someone’s pocket. A "possession" offense may be committed by a person driving a car, or by a person not operating a car. Your driver’s license can be suspended upon a guilty plea or a conviction for possession of drugs, even though you were not driving when at the time of arrest. This law has been upheld by the Georgia Supreme Court after an appeal on challenges to its validity.

There are strict drug laws in Richmond Hill, GA. On conviction, you can face long prison sentences and heavy fines. If you are charged with a drug crime, contact a seasoned Richmond Hill, GA drug law firm. In Georgia if a police officer finds that you have illegal drugs, you will be charged with drug possession although you weren’t actually holding the drugs in your hand. You will be considered to be the owner of drugs found in your pockets or clothing, car or home, or any place over which you exercise control.

-------------------------Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Richmond Hill, GA murder and homicide law firm

2010-04-17T08:44:00.000-04:00

State and federal laws covering homicide and murder are the most complex of all criminal laws. Never attempt to defend a murder or homicide charge by yourself. Before you hire a Richmond Hill, GA murder and homicide law firm, ask for references. Request to be provided with a copy of the lawyer’s retainer agreement and have it explained to you before you select the attorney or the attorney’s law firm. A Richmond Hill, GA murder and homicide law firm will want to know who you are and how you can be contacted. The Richmond Hill, GA law firm may also ask for a personal and business background and any information relevant to your case. The classifications of homicidal and murder offenses are complex but are generally divided into a handful of categories based on severity. There are a few types of homicide, or murder, that are defined by law. First degree murder refers to the premeditated, deliberate, and/or malicious act of intentionally causing the death of another person. First degree murder is commonly referred to as "cold-blooded" murder as it is calculated and committed willfully with the intention to kill or do serious harm. Murder in the second degree is the crime of murdering in "the heat of passion" which may involve cases where a person acts during a period of intense fear, rage, anger, terror, or fear. This type of murder is often considered voluntary manslaughter. This type of murder can also occur if death results in the perpetration of another criminal act. A homicide by vehicle is considered as first degree when the driver:
(1) illegally met or overtook a school bus;(2) illegally failed to stop after a collision;(3) was driving recklessly;(4) was driving while under the influence of alcohol or drugs;(5) failed to stop for, or rather was attempting to flee from a law enforcement officer, or (6) had previously been declared a habitual violator.

-------------------------Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Richmond Hill, GA Arson Law firm

2010-04-16T08:43:00.000-04:00

Arson is a serious charge that generally doesn't involve getting off with a warning. An experienced Richmond Hill, GA arson law firm can help you if you are charged with arson. The penalties may be severe, but a seasoned arson law firm can get you the best possible results. An individual helping with the crime is generally charged with arson rather than being an accomplice to the crime. Pouring gasoline on the floor of a building or possessing firebombs may be offenses related to arson under certain state statutes. Arson that involves damage to federal property is almost always prosecuted in federal court, and also anything involving interstate or foreign transport. The elements of arson are setting a fire that reaches a structure and, in turn, burns down said structure. Arson law also treats explosions as burnings. The police and firefighters determine the circumstances to be considered for arson such as the type of structure and amount of damage. Arson is a crime of general intent which means that arson was committed "willfully and maliciously." The only thing needed for an arson charge is evidence that the person intentionally started the fire.

-------------------------Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Richmond Hill, GA criminal appeal law firm

2010-04-15T08:42:00.000-04:00

When arrested in Richmond Hill, GA, your first court appearance will be at the arraignment. During arraignment, the judge reads the charges filed against you in the complaint and you have to plead "guilty," "not guilty" or "no contest" to those charges. The judge will also review your bail and fix dates for future proceedings. A preliminary hearing, or preliminary examination, is an adversarial proceeding in which lawyers examine witnesses and both parties make arguments. The judge then determines the final finding of probable cause. In a grand jury, only the prosecutor is heard by the jury. The grand jury may call their own witnesses and request that further investigations be done. The grand jury then decides whether sufficient evidence has been presented to indict the defendant. If you have been convicted, you generally can appeal. A seasoned Richmond Hill, GA criminal appeal law firm will ask the higher court to overturn the trial court’s decision based on legal or procedural errors. The judges on appeal are looking for errors which may have changed the decision. In a appeal, you submit written "briefs" to the court, along with a copy of the trial court transcript and any exhibits that were used at trial. Oral arguments may be scheduled. Arguments are typically very short in duration, and tend to be academic in nature, focusing on legal issues. In an appeal, the higher court looks for errors in the decision of the trial court. If the higher court finds errors in the trial court’s decision, the appeal court may direct a re-trial or set aside the conviction.

-------------------------Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Richmond Hill, GA Criminal Defense Law firm

2010-04-14T08:42:00.000-04:00

Before you hire a Richmond Hill, GA criminal defense law firm, ask for references. Request to be provided with a copy of the lawyer’s retainer agreement and have it explained to you before you hire the lawyer or the attorney’s law firm. A criminal defense attorney will want to know who you are and how you can be contacted. The lawyer may also ask for a personal and business background and any information relevant to your case. The criminal legal system is usually a very scary thing for anyone in the crosshairs of a prosecutor, this makes it only more important to be represented by a good lawyer. Richmond Hill, GA criminal defense law firm will generally charge by the hour or by a flat fee that is payable up front. Rules of professional conduct usually disallow a lawyer from entering into a contingent fee contract for a criminal action. Rates can be competitive. So it may be a good idea to shop around. But, attorneys with a good reputation in this area tend to charge more. With your freedom possibly on the line, it may be worthwhile to pay more for a lawyer or a law firm with a great reputation. Hire a lawyer with at least a few years of experience, and especially one with experience in the kind of prosecution you are facing. As criminal cases are often sorted out by plea bargains with the district attorney's office, it will be that your lawyer has a good working relationship with the prosecuting attorney, or to at least have a reputation that commands respect.

-------------------------Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Liberty County, Georgia DUI law firm

2010-04-13T08:41:00.000-04:00

Every state imposes a maximum permissible blood alcohol content (BAC) for drivers, and you will be considered legally "drunk" even if you do not feel that you are in any way influenced by the alcohol you drank. The permissible limit for blood alcohol in Liberty County, Georgia, is typically 0.08%, although DUI charges are often possible based upon your driving conduct even at a lower BAC. If a driver’s BAC exceeds .08%, the person is violating the DUI law. Based on the situation, those convicted of drunk driving can endure punishments that range from a suspension or revocation of a license all the way a long stay in prison. If you have been charged with breaking a DUI law, you must find a seasoned Liberty County, Georgia DUI law firm to assist you with your case. A DUI law firm in Liberty County, Georgia can be found online and family, friends, or ideally a family attorney, can also refer you to a seasoned Liberty County, Georgia DUI law firm. A Liberty County, Georgia DUI law firm has knowledge of all the laws to use to your advantage as well as interpreting state constitutions to serve as a lifeline. The easiest method to avoid such harsh penalties is to avoid being charged with DUI at all, or at least being charged more than once. However, sometimes, errors are made and unfortunate circumstances do happen. If you are facing multiple DUI charges, then the help of an experienced and skilled Liberty County, Georgia DUI law firm can be invaluable.

-------------------------Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Liberty County, Georgia criminal law firm

2010-04-12T08:41:00.000-04:00

Under law, prisoners have the right to file petitions for habeas corpus, challenging the legality of their detention but this right can be suspended in cases of national emergency. The petition for habeas corpus seeks that a judge issue a writ, requiring that a prisoner be produced in the court at a fixed place, date and time. When the writ of habeas corpus is issued, the prisoner will be produced in court at the scheduled date and time. The purpose of a hearing on the writ of habeas corpus is not to decide whether a prisoner is innocent or not, but is instead to determine if the legal basis claimed for the imprisonment is legal. When the imprisonment is illegal, the prisoner must be released. Whether or not imprisonment is legal, if a charge against a prisoner is valid the prisoner can undergo trial on that charge. For instance, the prisoner might file a petition for habeas corpus alleging detention on the grounds of an unlawfully excessive bail amount, but even if the reviewing court finds that bail amount is excessive and provides relief the prisoner may still have to stand trial on the underlying charge. Never attempt filing a habeas corpus petition by yourself. Hire the services of a seasoned Liberty County, Georgia criminal law firm.

-------------------------Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Liberty County, Georgia forfeiture law firm

2010-04-11T08:40:00.000-04:00

The procedure in which forfeiture will be dealt with, and if the proceedings are "criminal" or "civil" in nature, will vary significantly from state to state. It is often advisable to seek help from an experienced Liberty County, Georgia forfeiture law firm, if you are facing any kind of forfeiture action. Criminal forfeiture happens when, after the owner is convicted of an offense, and when forfeiture is possible under the laws of your state, it is demonstrated that your property has a sufficient relationship to the criminal activity to justify depriving the owner of the property rights. For example, the jurisdiction can have a rule which provides the court the right to forfeit your car, when you are convicted of drunk driving. The prosecutor's office might ask for forfeiture of the property including your business or home when you are convicted of particular crimes, like drug trafficking or racketeering. Civil forfeiture is very much like criminal forfeiture in numerous ways. However, whereas criminal forfeiture imposes an additional penalty on the owner of property for his wrongful conduct, a civil forfeiture action is initiated against the property itself. For criminal forfeiture to start, the property’s owner has be convicted of a crime, but civil forfeiture can occur even if the owner is acquitted.

-------------------------Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Liberty County, Georgia drug defense law firm

2010-04-10T08:40:00.000-04:00

In Georgia if a police officer finds that you have illegal drugs, you will be charged with drug possession even if you weren’t actually holding the drugs in your hand. You will be considered to be the owner of drugs found in your pockets or clothing, car or home, or any place over which you exercise control. If an officer finds drugs in your briefcase or purse, you would be considered in possession of those drugs. You may also be charged with drug possession if police find the materials to manufacture a drug or the equipment to consume it. When you are found with a certain amount of drugs or you are caught selling drugs or if an officer finds you with a scale, or even wads of cash in some circumstances, you will be charged with possession of drugs with intent to distribute. It is a much more serious charge than simple drug possession. You must immediately contact a seasoned Liberty County, Georgia drug defense law firm. The amount of drugs needed for this charge depends on the drug involved. If you are caught trying to sell drugs to minors, the penalties are more severe.

Whereas a DUI offense involving drugs may be prosecuted by the State although if the drugs are prescribed by a physician, special laws apply to DUI-contraband charges. These cases involve illegal substances such as marijuana, cocaine, heroine, etc. in the person’s blood system. The DUI offense in Liberty County, Georgia is based upon driving while having an unlawful substance in your blood system. Even though this issue is currently on appeal, the prosecutor is not currently required to demonstrate impairment due to the illegal contraband drugs in your system. Simple evidence of the presence of a contraband substance or its "metabolites" is sufficient to render a conviction. But, recent case law (Love v. State) holds that if a person has marijuana present in his/her system, the State should demonstrate that the individual was rendered incapable of driving safely as a result of using the marijuana.

-------------------------Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Liberty County, Georgia Marijuana law firm

2010-04-09T08:39:00.000-04:00

Marijuana possession in Liberty County, Georgia with intent to distribute charge invites some especially tough penalties. This felony offense includes prison time as well as fines starting in the thousands. If you possess a huge amount of drugs, you could be slapped with this offense even if you have no intention of distributing the drug. In such instances, intent depends on the quantity of marijuana in your possession. When you're caught with marijuana, you will receive a huge fine and/or be sent to prison. If you are caught more than once, or if looks like you're likely to sell the drug, the punishment is more severe. The severity of the penalty differs based on different factors:
• Quantity - Penalties differ depending 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 cultivating cannabis.
• Location - A person arrested for selling marijuana near a school will typically face severe penalties.
The legal consequences are perhaps far more severe than you’ve ever imagined. If you’ve charged with a marijuana connected offense, it is important that you choose a seasoned Liberty County, Georgia marijuana defense law firm to fight the marijuana charges against you.

-------------------------Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Liberty County, Georgia drug law firm

2010-04-08T08:38:00.000-04:00

Marijuana rules are different in every state. It is important to understand the subtle differences. Buying, selling, using or growing marijuana is illegal in all states of the United States. Penalties differ from place to place, but usually consist of jail term, a fine or both. Beyond the misdemeanor DUI-contraband penalties, Georgia law has other more punitive statutes for possession of drugs when marijuana or other drugs are found in a vehicle or a person’s pocket pocket. A "possession" offense may be committed by a person driving a car, or by a person not operating a car. Your driver’s license can be suspended upon a guilty plea or a conviction for possession of drugs, even though you were not driving when arrested. This law has been upheld by the Georgia Supreme Court after an appeal on challenges to its validity.

Liberty County, Georgia has strict drug laws. If convicted, you can face long jail temrs and heavy fines. If you are charged with a drug crime, contact a seasoned Liberty County, Georgia drug law firm. Under Georgia law if a police officer finds that you have illegal drugs, you will be charged with drug possession although you weren’t actually holding the drugs in your hand. You are considered to be the owner of drugs found in your pockets or clothing, car or home, or any place over which you have control.

-------------------------Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Liberty County, Georgia murder and homicide law firm

2010-04-07T08:37:00.000-04:00

State and federal laws about homicide and murder are the most complex of any criminal laws. Do not attempt to defend a murder or homicide charge by yourself. Before you hire a Liberty County, Georgia murder and homicide law firm, ask for references. Ask to be provided with a copy of the lawyer’s retainer agreement and have it explained to you before you hire the lawyer or the attorney’s law firm. A Liberty County, Georgia murder and homicide law firm will want to know who you are and how you can be contacted. The Liberty County, Georgia law firm can also ask for a personal and business background and any information relevant to your case. The classifications of homicidal and murder offenses are complicated but are often divided into a handful of categories based on severity. There are a few types of homicide, or murder, that are defined by law. First degree murder refers to the premeditated, deliberate, and/or malicious act of willfully causing the death of another person. First degree murder is commonly referred to as "cold-blooded" murder as it is calculated and done willfully with the intention to kill or do serious harm. Murder in the second degree is the crime of murdering in "the heat of passion" that may involve cases where a person acts during a period of intense fear, rage, anger, terror, or fear. This type of murder is generally considered voluntary manslaughter. This type of murder can also occur if death results in the perpetration of another criminal act. A homicide by vehicle is classified as first degree if the driver:
(1) illegally met or overtook a school bus;(2) illegally did not stop after a collision;(3) was driving recklessly;(4) was driving while under the influence of alcohol or drugs;(5) did not stop for, or otherwise was trying to flee from a law enforcement officer, or (6) had been declared a habitual offender in the past.

-------------------------Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Liberty County, Georgia Arson Law firm

2010-04-06T08:36:00.000-04:00

Arson is a serious charge that generally doesn't involve getting off with a warning. A seasoned Liberty County, Georgia arson law firm can assit you if you are facing arson charges. The penalties can be severe, but an experienced arson law firm can get you the best possible results. An individual helping with the crime is usually charged with arson rather than being an accomplice to the crime. Pouring gasoline on the floor of a building or possessing firebombs might be offenses related to arson under certain state laws. Arson that involves damage to federal property is almost always prosecuted in federal court, as is anything related to interstate or foreign transport. The elements of arson include lighting a fire that reaches a structure and, in turn, burns that structure. Arson law also considers explosions as burnings. The police and firefighters decide the circumstances to be considered for arson like the kind of structure and amount of damage. Arson is a crime of general intent meaning that arson was committed "willfully and maliciously." All that's necessary for an arson charge is evidence that the individual intentionally started the fire.

-------------------------Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Liberty County, Georgia criminal appeal law firm

2010-04-05T08:36:00.000-04:00

If arrested in Liberty County, Georgia, your first court appearance is at the arraignment. During arraignment, the judge will read out the charges filed against you in the complaint and you have to plead "guilty," "not guilty" or "no contest" to those charges. The judge will also review your bail and fix dates for future proceedings. A preliminary hearing, or preliminary examination, is an adversarial hearing in which attorneys questions witnesses and both parties make arguments. The judge then makes the final finding of probable cause. In a grand jury, the jury hears only from the prosecutor. The grand jury can call their own witnesses and request that further investigations be done. The grand jury then determines if enough proof has been presented to indict the defendant. On conviction, you usually have the right to appeal. A seasoned Liberty County, Georgia criminal appeal law firm will ask the higher court to overrule the trial court’s decision due to legal or procedural mistakes. The appeal court judges are looking for errors which may have changed the decision. In a appeal, you submit written "briefs" to the appellate court, along with a copy of the trial court transcript and any exhibits that were used at trial. Oral arguments may be scheduled. Arguments are generally very short in duration, and are academic in nature, discussing legal issues. In an appeal, the higher court looks for errors in the verdict of the trial court. If the higher court finds mistakes in the trial court’s verdict, the appeal court may order a re-trial or set aside the conviction.

-------------------------Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Liberty County, Georgia Criminal Defense Law firm

2010-04-04T08:35:00.000-04:00

Before you hire a Liberty County, Georgia criminal defense law firm, request for references. Request to be provided with a copy of the lawyer’s retainer agreement and have it explained to you before you hire the lawyer or the attorney’s law firm. A criminal defense lawyer will want to know who you are and how you can be contacted. The attorney can also ask for a personal and business background and any information about your case. The criminal justice system is generally a very scary thing for anyone in the crosshairs of a prosecutor, this makes it only more important to be represented by a good lawyer. Liberty County, Georgia criminal defense law firm will generally charge by the hour or by a flat fee that should be paid in advance. Rules of professional conduct generally prohibit a lawyer from entering into a contingent fee agreement for a criminal action. Rates will be competitive. So it may be beneficial to shop around. However, attorneys with a good reputation in this field tend to charge more. With your freedom possibly on the line, it may be advisable to pay more for a lawyer or a law firm with an excellent reputation. Hire a lawyer with at least a few years of experience, and especially one with experience in the type of prosecution you are facing. As criminal cases are many times resolved by plea bargains with the district attorney's office, it will be that your lawyer has a good working relationship with the prosecuting attorney, or to at least have a reputation that commands respect.

-------------------------Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Chatham County, Georgia DUI law firm

2010-04-03T08:34:00.000-04:00

Every state has a maximum permissible blood alcohol content (BAC) for drivers, and you will be considered legally "drunk" even when you do not feel that you are in any way affected by the alcohol you consumed. The permissible limit for blood alcohol in Chatham County, Georgia, is typically 0.08%, however drunk driving charges are also possible depending on your driving conduct even at a lower BAC. If a motorist’s BAC is above .08%, he or she violates the DUI law. Depending on the situation, those convicted of drunk driving can undergo punishments that range from a suspension or revocation of a license to a long stay in prison. If you have been charged with breaking a DUI law, you must find a seasoned Chatham County, Georgia DUI law firm to help you with your case. A DUI law firm in Chatham County, Georgia can be found online and family, friends, or ideally a family lawyer, can also refer you to a seasoned Chatham County, Georgia DUI law firm. A Chatham County, Georgia DUI law firm knows all the laws to use to your advantage as well as interpreting state constitutions to use as a lifeline. The best way to avoid such harsh penalties is to avoid being charged with DUI at all, or at least being charged more than once. However, sometimes, errors occur and unfortunate circumstances do arise. If you are facing multiple DUI charges, then the help of an experienced and skilled Chatham County, Georgia DUI law firm can be invaluable.

-------------------------Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Chatham County, Georgia criminal law firm

2010-04-02T08:34:00.000-04:00

Under law, prisoners are allowed to file petitions for habeas corpus, challenging the legality of their detention but this right may be suspended in times of national emergency. A petition for habeas corpus asks that a court issue a writ, ordering that a prisoner be produced before the court at a fixed place, date and time. If the writ of habeas corpus is issued, the prisoner will be produced in court at the scheduled date and time. The purpose of a hearing on the writ of habeas corpus is not to decide if a prisoner is innocent or not, but is instead to determine if the legal basis asserted for the detention is lawful. If the detention is illegal, the prisoner has to be released. Whether or not imprisonment is legal, if the charge against a prisoner is valid the prisoner may undergo trial on that charge. For instance, a prisoner might file the petition for habeas corpus alleging detention on the grounds of an unlawfully high bail amount, however even if the reviewing court holds that bail amount is high and grants relief the prisoner would still have to undergo trial on the underlying charge. Never attempt filing a habeas corpus petition by yourself. Hire the services of a seasoned Chatham County, Georgia criminal law firm.

-------------------------Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Chatham County, Georgia forfeiture law firm

2010-04-01T08:33:00.000-04:00

The manner in which forfeiture will be dealt with, and whether the proceedings are "criminal" or "civil" in nature, will vary significantly from state to state. It is generally advisable to take assistance from an experienced Chatham County, Georgia forfeiture law firm, if you are facing any type of forfeiture proceding. Criminal forfeiture takes place if, after the owner is convicted of a crime, and when forfeiture is permitted under the laws of the jurisdiction, it is shown that your property has a sufficient connection to the offense to justify depriving you of the property rights. For example, your state may have a rule which provides the judge the right to forfeit your car, when you are convicted of DUI. The prosecutor's office might seek forfeiture of your property including your business or home if you are convicted of certain offenses, such as drug trafficking or racketeering. Civil forfeiture is very much like criminal forfeiture in numerous ways. But, while criminal forfeiture means to impose an extra penalty on the property’s owner for the wrongful conduct, a civil forfeiture action is brought against the property itself. For criminal forfeiture to result, the owner of the property has be convicted of a crime, but civil forfeiture might take place although the owner is acquitted.

-------------------------Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Chatham County, Georgia drug defense law firm

2010-03-31T08:33:00.000-04:00

Under Georgia law if a police officer finds that you have illegal drugs, you will be charged with drug possession even if you weren’t actually holding the drugs in your hand. You will be considered to be the owner of drugs found in your pockets or clothing, car or home, or any place over which you exercise control. If an officer finds drugs in your briefcase or purse, you will be considered in possession of those drugs. You can also be charged with drug possession when police find the materials to make a drug or the equipment to consume it. When you are found with a certain amount of drugs or you are caught trying to sell drugs or when an officer finds you with a scale, or even wads of cash in certain circumstances, you will be charged with possession of drugs with intent to distribute. It is a much more serious charge than mere drug possession. You should immediately get in touch with a seasoned Chatham County, Georgia drug defense law firm. The amount of drugs required for this charge depends on the drug involved. If you are caught trying to sell drugs to minors, the penalties are more tough.

While a DUI offense involving drugs may be prosecuted by the State even where the drugs are prescribed by a physician, special laws apply to DUI-contraband charges. These cases involve illegal substances such as marijuana, cocaine, heroine, etc. in the person’s blood system. The DUI offense in Chatham County, Georgia is based upon driving when having an unlawful substance in the blood system. Although this issue is presently on appeal, the prosecution is not presently required to establish impairment caused by the illegal contraband drugs in the system. Simple evidence of the presence of a contraband substance or its "metabolites" is sufficient to render a conviction. But, recent case law (Love v. State) holds that if a person has marijuana present in his/her system, the State must prove that the individual was rendered incapable of driving safely as a result of using the marijuana.

-------------------------Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Chatham County, Georgia Marijuana law firm

2010-03-30T08:32:00.000-04:00

Marijuana possession in Chatham County, Georgia with intent to distribute charge invites some especially harsh penalties. This felony crime includes prison term and even fines beginning in the thousands. If you have a huge quantity of drugs, you may be slapped with this offense even if you had no intention of distributing the marijuana. In such cases, intent depends on the amount of marijuana in your possession. If you're caught with marijuana, you could receive a huge fine and/or be sent to jail. When you are caught more than once, or if appears like you're likely to sell the drug, the punishment is more severe. 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 those intending to sell.
• Growing - Penalties are more severe for those growing cannabis.
• Location - A person arrested for selling marijuana near a school will generally face severe penalties.
The legal effects are perhaps much more severe than you’ve ever imagined. When you’ve charged with a marijuana connected crime, it is important that you select a seasoned Chatham County, Georgia marijuana defense law firm to fight the marijuana charges against you.

-------------------------Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Chatham County, Georgia drug law firm

2010-03-29T08:31:00.000-04:00

Marijuana laws are different in every state. It is important to understand the subtle differences. Buying, selling, using or growing marijuana is illegal all over of the US. Penalties differ from place to place, but generally include jail term, a fine or both. Beyond the misdemeanor DUI-contraband penalties, Georgia law has other more tough penalties for possession of drugs when marijuana or other drugs are found in a vehicle or a person’s pocket pocket. A "possession" offense can be committed by a person driving a car, or by a person not operating a car. Your driver’s license can be suspended on a guilty plea or a conviction for possession of drugs, even though you were not driving when arrested. This law has been upheld by the Georgia Supreme Court after an appeal on challenges to its constitutionality.

Chatham County, Georgia has strict drug laws. On conviction, you can face long jail temrs and heavy fines. If you are charged with a drug crime, contact a seasoned Chatham County, Georgia drug law firm. Under Georgia law if a police officer finds that you have illegal drugs, you will be charged with drug possession even if you weren’t actually holding the drugs in your hand. You are considered to be the owner of drugs found in your pockets or clothing, car or home, or any place over which you have control.

-------------------------Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Chatham County, Georgia murder and homicide law firm

2010-03-28T08:31:00.000-04:00

State and federal laws regarding homicide and murder are the most complex of any criminal laws. Never attempt to defend a murder or homicide charge by yourself. Before you hire a Chatham County, Georgia murder and homicide law firm, request for references. Request to be provided with a copy of the attorney’s retainer agreement and have it explained to you before you select the lawyer or the attorney’s law firm. A Chatham County, Georgia murder and homicide law firm will want to know who you are and how you can be contacted. The Chatham County, Georgia law firm may also ask for a personal and business background and any information relevant to your case. The classifications of homicidal and murder offenses are complicated but are often divided into a handful of categories depending on severity. There are a few types of homicide, or murder, that are defined by law. First degree murder is the premeditated, deliberate, and/or malicious act of willfully causing the death of another party. First degree murder is commonly referred to as "cold-blooded" murder because it is calculated and committed willfully with the intention to kill or do serious harm. Murder in the second degree refes to the crime of murdering in "the heat of passion" that can involve situations where a person acts during a period of intense fear, rage, anger, terror, or fear. This type of murder is generally treated as voluntary manslaughter. This type of murder can also happen when death results in the commission of another criminal act. A homicide by vehicle is considered as first degree when the driver:
(1) unlawfully met or overtook a school bus;(2) unlawfully did not stop after a collision;(3) was driving recklessly;(4) was driving while under the influence of alcohol or drugs;(5) did not stop for, or rather was trying to flee from a law enforcement officer, or (6) had been declared a habitual violator in the past.

-------------------------Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Chatham County, Georgia Arson Law firm

2010-03-27T08:30:00.000-04:00

Arson is a serious charge that generally doesn't involve getting off with a warning. An experienced Chatham County, Georgia arson law firm can assit you if you are charged with arson. The penalties can be severe, but an experienced arson law firm can get you the best possible results. A person helping with the crime is generally charged with arson rather than being an accomplice to the crime. Putting gasoline on the floor of a building or possessing firebombs may be offenses related to arson under certain state laws. Arson involving damage to federal property is almost always prosecuted in federal court, as is anything related to interstate or foreign transport. The elements of arson are setting a fire that reaches a structure and, in turn, burns down said structure. Arson law also considers explosions as burnings. The police and firefighters decide the factors to be considered for arson such as the type of structure and amount of damage. Arson is a crime of general intent meaning that arson was committed "willfully and maliciously." The only thing needed for an arson charge is evidence that the individual intentionally lit the fire.

-------------------------Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Chatham County, Georgia criminal appeal law firm

2010-03-26T08:28:00.000-04:00

When arrested in Chatham County, Georgia, your first court appearance is at the arraignment. At the arraignment, the judge will read out the charges filed against you in the complaint and you have to plead "guilty," "not guilty" or "no contest" to those charges. The judge will also review your bail and fix dates for further hearings. A preliminary hearing, or preliminary examination, is the adversarial proceeding in which attorneys examine witnesses and both parties make arguments. The judge then makes the ultimate finding of probable cause. In a grand jury, the jury hears only from the prosecutor. The grand jury can call their own witnesses and request that further investigations be performed. The grand jury then decides whether enough proof has been presented to indict the defendant. On conviction, you generally have the right to appeal. A seasoned Chatham County, Georgia criminal appeal law firm will request the higher court to overturn the trial court’s decision based on legal or procedural mistakes. The judges on appeal are looking for errors which may have changed the decision. In a appeal, you submit written "briefs" to the appellate court, along with a copy of the trial court transcript and any exhibits that were produced at trial. Oral arguments may be scheduled. Arguments are generally very short in duration, and are academic in nature, focusing on legal issues. In an appeal, the higher court looks for mistakes in the verdict of the trial court. If the higher court finds mistakes in the trial court’s decision, the appeal court can direct a re-trial or set aside the conviction.

-------------------------Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Chatham County, Georgia Criminal Defense Law firm

2010-03-25T08:25:00.000-04:00

Before you hire a Chatham County, Georgia criminal defense law firm, ask for references. Request to be provided with a copy of the lawyer’s retainer agreement and have it explained to you before you hire the lawyer or the attorney’s law firm. A criminal defense attorney will want to know who you are and how you can be contacted. The lawyer can also ask for a personal and business background and any information about your case. The criminal justice system is generally a very scary thing for anyone in the crosshairs of a prosecutor, this makes it only more imperative to be represented by a good attorney. Chatham County, Georgia criminal defense law firm will generally charge hourly rates or by a flat fee that is payable up front. Rules of professional conduct usually disallow a lawyer from entering into a contingent fee contract for a criminal action. Rates can be competitive. So it may be a good idea to shop around. But, lawyers with a good reputation in this area tend to charge more. With your freedom possibly at stake, it may be advisable to pay more for a lawyer or a law firm with an excellent reputation. Hire an attorney with at least a few years of experience, and especially one with experience in the type of prosecution you are facing. As criminal cases are many times sorted out by plea bargains with the district attorney's office, it will be that your attorney has a good working relationship with the prosecuting attorney, or to at least have a reputation that commands respect.

-------------------------Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Results of a criminal charge in Savannah GA

2010-03-24T04:33:00.000-04:00

Results of a criminal charge in Savannah GA

The various results of a criminal charge in Savannah GA includes without limitation: a criminal investigation with no arrest, an arrest but dismissal of the case due to a procedural error made on the part of the police, an arrest followed by a plea bargain made with the government where the accused pleads "guilty" in exchange for a lighter sentence, an arrest followed by a trial where the person is acquitted, or an arrest followed by a trial and a guilty verdict and conviction. A guilty verdict or a plea bargain will result in a conviction and a criminal record is created. The establishment of a criminal record has far-reaching consequences. A conviction will carry numerous unseen consequences that will will be seen under a variety of circumstances. A criminal conviction can cause major repercussions. It can impact the person on a more basic level when he attempts to seek employment. Federal law and most state agencies now need background checks and permit disqualification based on conviction in a wide arena of employment areas including education, healthcare services, child and eldercare, financial institutions and transportation. A past conviction will play an important role in the result of all future criminal charges.

Previous convictions can affect the result of a case in Savannah GA. If you have a prior conviction for felony, you will receive the maximum penalty on the second conviction. Conviction in other states including probated sentence will be counted as prior conviction. Georgia has the three strikes law. According to the three strikes law, any felony can constitute a third strike and thus can subject a defendant to a term of 25 years to life in prison. On a second felony conviction, the sentence is twice what a single felony conviction would demand. Three-strikes is applicable after the third conviction and has an uncommonly severe penalty of 25 years to life.

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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Savannah GA Robbery

2010-03-23T04:32:00.000-04:00

Savannah GA Robbery

In Savannah GA the taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear is robbery. If convicted for unarmed robbery, you could face a prison sentence of 1 to 20 years depending on the circumstances of the robbery and previous convictions. For armed robbery, the MINIMUM sentence in Savannah GA is 10 years without parole. Sometimes, armed robbery conviction can result in the death penalty. The legal meaning of shoplifting varies from state to state, but usually is the theft of property that is worth less than $500 and that occurs with the intent to deprive the owner of that piece of property. Shoplifting is the theft of items from a retail establishment either by sneaking it out of the shop or by altering the tags on the goods so as to pay less. If the total value of the goods is below $300 it is a misdemeanor. It is a felony when the total value exceeds $300. In Georgia, the law allows the shop owner or employee to detain a person suspected of shoplifting till the police reach. The law however does not allow them to do a physical search of the suspected individual.

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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Penalties for repeat DUI Offense in Savannah GA

2010-03-22T04:31:00.000-04:00

Penalties for repeat DUI Offense in Savannah GA

For persons with one previous DUI arrest within the last 5 years, a three year suspension is triggered. No license and no “work” permit is allowed for at least eighteen months. The suspension starts on the 31st day after the arrest except when an administrative appeal is filed and successfully argued. But, these second-time violators may attend a DUI risk reduction program and pay a reinstatement fee and have their license reinstated after 18 months.

Any person who has already had two or more prior administrative license suspensions within a five year time period can attend a DUI risk reduction program and pay a reinstatement fee and have their license reinstated after 60 months. No “work” permit of any type is allowed for at least 24 months.

In Savannah GA you are not necessarily guilty if the Breathalyzer says the BAC is above the legal limit. There are many defenses to DUI or DWI charge, and these should be discussed before even considering pleading guilty to DUI or a related drunk-driving charge. It is usually legal to drink and drive, but if the driver is under the influence then it becomes against the law. In different states, under the influence is defined differently, but generally it refers to those instances in which the driver is drunk or has taken drugs to such an extent that his mental and physical abilities are affected and they don’t have the ability to operate the car with the caution generally sober person would operate the vehicle under the same or similar circumstances.

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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Savannah GA DUI penalties

2010-03-21T04:30:00.000-04:00

Savannah GA DUI penalties

In Savannah GA the Breathalyzer is generally used by the police to determine the blood alcohol content (BAC). The Breathalyzer monitors a chemical reaction to produce a color change when it detects alcohol. In addition to the mouthpiece and sample chamber, it consists of two glass vials to contain the chemical reaction and a system of photocells connected to a meter. The air is passed through one vial containing a chemical mixture and into another vial. From there, it is passed over the photocells so the meter can measure the color change and calculates the BAC.

Individuals without a prior DUI arrest within 5 years are considered to be first offenders under the ALS law in Savannah GA. The suspension time is one year. However, first offenders can seek the following favorable treatment. When the initial 30-day “temporary” driving permit allowed by the form received at the time of the arrest comes to an end, the individual can apply for and get a 30 day “work” permit that allows him/her to drive to work, medical treatment, DUI Risk Reduction Program, College, etc., however it cannot be used for recreational driving. This limited driving permit costs $25. Also, if the individual attends and completes a Risk Reduction Course and pays a reinstatement fee ($200 by mail; $210 if done in person), he/she can obtain early reinstatement of his/her license or privilege to drive when the 30 day permit is over.

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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Savannah GA DUI Checkpoints

2010-03-20T04:30:00.000-04:00

Savannah GA DUI Checkpoints

Planning for drunk driving checkpoints in Savannah GA should be made by supervising officers and vehicles should only be stopped according to a pre-set pattern. Officers in Savannah GA may not decide just to set up a roadblock and pick and choose which motorists to test. The location of drunk driving checkpoints is to be determined by policymakers, considering DUI statistics, and public and officer safety must be of primary importance. Drunk driving checkpoints are to be held for limited time, to maximize effectiveness and decrease intrusiveness. Drivers must be detained for the lowest amount of time required to complete the drunk driving screening. Motorists should be alerted about police roadblocks by visible warning lights and signs. Law enforcement is also required to publish in advance the times and locations DUI checkpoints will be held. For persons under the age of 18, an alcohol content reading of .04 BAC is the level for per se intoxication at the time of arrest. This means that if you were administered the state's test and the result was .040 or higher, you were driving with an unlawful blood alcohol level.

An alcohol content reading of .04 BAC is the level for per se intoxication for persons with a CDL license who were stopped when operating a commercial vehicle. This means that if you administered the state's test and the result was .040 or higher, you were driving with an unlawful blood alcohol level. If a commercial driver is stopped in a commercial vehicle and the State's test reveals any alcohol, a 24-hour out-of-service order will be passed, and the truck will be impounded for the time period.

An alcohol content reading of .10 or more is considered per se intoxicated for persons who are age 18 or more. The prosecutor, however, must be able to establish that the test adminstered was a valid test, and that it was taken within 3 hours of driving or being in actual physical control of a vehicle. This means that if you were administered testing and yield a result over .099, you will be accused of driving with an unlawful blood alcohol level. No evidence of "bad driving" or visible signs of impairment is required to get a conviction for this kind of DUI in Savannah GA.

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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Savannah GA Standardized Field Sobriety Testing

2010-03-19T04:29:00.000-04:00

Savannah GA Standardized Field Sobriety Testing

While a DUI offense involving drugs can be prosecuted by the State although where the drugs are prescribed by a physician, special rules apply to DUI-contraband cases. These cases involve illegal substances like marijuana, cocaine, heroine, etc. in the person’s blood system. The DUI offense in Savannah GA is based upon driving when having an unlawful substance in the blood system. Although this issue is currently on appeal, the prosecutor is not presently required to prove impairment because of the illegal contraband drugs in the system. Mere evidence of the presence of a contraband substance or its "metabolites" is sufficient to render a conviction. However, recent case law (Love v. State) holds that if a person has marijuana present in his/her system, the State should establish that the person was rendered incapable of driving safely as a result of using the marijuana.

In the case of Standardized Field Sobriety Testing, officers in Savannah GA are taught to look for established "scoring factors" which must be evaluated in determining if or not there is intoxication exists. A finding of intoxication will only arise when sufficient scoring factors are identified. When a single scoring factor is identified, an evaluation is needed of a high degree of probability of non-intoxication. If additional scoring factors are identified, probabilities of intoxication are assigned to evaluate test results. If a police officer receives proper training about field sobriety tests, they will be told the proper standards and procedures according to the National Highway Traffic Safety Administration (“NHTSA”). The manual also provides that the walk-and-turn and one-leg stand test should not be conducted when the suspect is over 50 pounds overweight or has physical impairments that could affect his balance. The manual also provides that the walk-and-turn test “needs a line that the suspect can see.” This is seldom done. As a defendant in a criminal case, you have the legal right to contest the conduct and findings of blood alcohol tests. Issues that have an effect on the manner at which the test was conducted and even the technical knowledge of the officer conducting the test may be challenged by the defendant in the DUI lawsuit in Savannah GA.

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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Savannah GA Vehicular Homicide

2010-03-18T04:28:00.000-04:00

Savannah GA Vehicular Homicide

Vehicular homicide in Savannah GA refers to an accident that causes in the death of another person. The dead person could have been in the same vehicle or in another vehicle or a pedestrian. To be charged with vehicular homicide, the police and the prosecution must believe that you were operating the in an illegal manner – under intoxication, driving above the speed limit, driving extremely recklessly or a wide variety of other illegal actions. The penalties for vehicular homicide range from fines and probation to a year in jail. First degree vehicular homicide is a felony. A homicide by vehicle is considered as first degree when the driver:
(1) unlawfully met or overtook a school bus;(2) unlawfully failed to stop after a collision;(3) was driving recklessly;(4) was driving while under the influence of alcohol or drugs;(5) did not stop for, or rather was trying to flee from a law enforcement officer, or (6) had been declared a habitual violator in the past.
First degree vehicular homicide is punishable by 3 to 15 years in prison. If the accused had previously been declared a habitual offender, the punishment ranges from 5 to 20 years, and at least 1 year of the sentence must be served.

Second degree homicide by vehicle covers all vehicular homicides without intent to kill that involve any other violations of the laws regulating the operation of motor vehicles. For instance, a death resulting from a failure to yield to oncoming traffic, speeding, or driving too slowly, except if such constituted reckless driving, can be charged as a homicide by vehicle in the second degree.

Second degree vehicular homicide is a misdemeanor, punishable by prison time for up to 1 year, a fine of up to $1,000, or both. But, at the judge’s discretion, punishment may be suspended or a probation sentence may be received.

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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Savannah GA Homicide

2010-03-17T04:27:00.000-04:00

Savannah GA Homicide

Murder is the crime of willfully causing another person's death without legal excuse or justification. Murder is a crime that comes under the category of criminal homicide. State and federal laws regarding homicide and murder are the most complex of any criminal laws in Savannah GA. The classifications of homicidal and murder offenses are complicated but are generally divided into a handful of categories depending on severity. There are a few types of homicide, or murder, which are defined by law in Savannah GA.

Criminal homicide in Savannah GA refers to the killing of another individual by gross negligence. Usually any death caused as a result of the gross negligence of another individual is Criminal Homicide. Deaths of persons caused by their own negligence, accidental deaths not resulting from gross negligence, and traffic fatalities won’t be classified as criminal homicide.

First degree murder is commonly referred to as "cold-blooded" murder because it is calculated and done willfully with the intention to kill or do serious harm. Murder in the second degree refers to the crime of murdering in "the heat of passion" which can involve cases where a person acts during a period of intense fear, rage, anger, terror, or fear. Third degree murder is commonly referred to as involuntary manslaughter. Involuntary manslaughter is murder that was not intended specifically by the defendant. Criminal negligence is generally the precursor to involuntary manslaughter.

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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Savannah GA Burglaries

2010-03-16T04:27:00.000-04:00

Savannah GA Burglaries

Burglaries of hotels, motels, lodging houses, or other places where lodging of transients is the main objective will present reporting problems to law enforcement in Savannah GA. When a number of units under a single manager are burglarized and the offenses are most likely to be reported to the police by the manager rather than the individual tenants, the burglary should be reported as a single offense in Savannah GA. Cases are burglaries of numerous rental hotel rooms, rooms in flop houses, rooms in youth hostels, and units in a motel. If the individual living areas in a building are rented to the occupants for a period of time that would preclude the tenancy from being classified as transient, then the burglaries should most likely be reported individually by the occupants. In Savannah GA these burglaries should be reported as individual offenses. Instances of this second kind of multiple burglary are the burglaries of a number of apartments in an apartment house, of the offices of a number of commercial firms in a business building, of the offices of separate professionals within one building, or of a number of rooms in a college dormitory. In the course of a burglary, entry follows the breaking. Literally, it happens when there is physical intrusion into another's dwelling or building by any part of the intruder's body. A momentary intrusion is sufficient. When a thief kicks open a window to obtain access to a dwelling, the momentary insertion of the foot is an entry. If an instrument is used to obtain access to a dwelling, the intrusion of the instrument will not be an entry unless it is used to accomplish the intended felony. If the instrument is used to remove something from inside the dwelling, there is an entry sufficient for burglary.

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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Savannah GA DUI charge

2010-03-15T04:25:00.000-04:00

Savannah GA DUI charge

Across the USA, the most common crime booked in a year, by far, is DUI. DUI is serious offence. A person can get anything from a warning to jail time. DUI can start as a misdemeanor and develop into a felonious crime by degree; however, no matter what degree of culpability you face, DUI will turn your world upside-down. But a DUI charge must be proved in a court of law.

DUI refers to Driving Under Influence, or drunk driving. It means a person is under the influence of alcohol or other drugs to an extent that they are incapable of exercising their driving skills. This is not just for the cars or trucks, it also applies for driving boats and aircrafts. Individuals in Savannah GA whose age is 21 or more are considered to be intoxicated when they are driving with a blood alcohol content or BAC of 0.08% or higher or if they drive under the influence of any intoxicant like legal prescription medications, illegal or restricted substances or any other intoxicants. It is also illegal in Savannah GA to drive under a significant amount of controlled or illegal substance present in the blood.

A person is not necessarily guilty if the Breathalyzer says the BAC is more than the permitted limit. There are plenty of defenses to drunk driving charge in Savannah GA, and these should be explored before even considering pleading guilty to DUI or a related drunk-driving charge. It is usually legal to drink and drive, but if the driver is under the influence then it becomes against the law. In different states, under the influence is defined differently, but generally it refers to those instances in which the driver is drunk or has taken drugs to such an extent that his mental and physical capacities are affected and they don’t have the ability to operate the vehicle with the caution generally sober person would operate the vehicle under the same or similar circumstances.

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Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

The Writ of Habeas Corpus

2010-03-14T05:33:00.000-04:00

The Writ of Habeas Corpus

If someone you know has been imprisoned in Richmond Hill, GA , contact a criminal attorney
The petition for habeas corpus generally has the following
• The identity of the prisoner;
• 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 are allowed to file petitions for habeas corpus, challenging the legality of their detention but the right can be suspended in times of national emergency.

When 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 schedule 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 before court as ordered.

If a 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 the writ of habeas corpus is not to decide whether the prisoner is innocent or not, but is rather to decide whether the legal grounds claimed for the detention is legal. When the detention is illegal, the prisoner must be released. Whether or not imprisonment is lawful, if the charge against the prisoner is valid the prisoner can undergo trial on that charge. For example, the prisoner might file the petition for habeas corpus alleging detention on the basis of an illegally excessive bail amount, however even if the reviewing court finds the bail amount is high and provides 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

2010-03-13T05:32:00.000-05:00

The Habeas Petition

A petition for habeas corpus requests that the judge issue a writ, ordering that a prisoner be produced before the court at 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 case. This use of the petition for habeas corpus still exists, when a prisoner is in the custody of another county or criminal justice system, and the prisoner's presence is important for a legal proceeding. Usually, a prisoner should be transported to the local jurisdiction by the local Sheriff's department, which will be responsible for guarding the prisoner at the time of court proceedings and returning the prisoner to the other court at the end of the proceedings. But, when many people think of a writ of habeas corpus, they think of something more substantial - a petition seeking that the custodian of a prisoner explain in court the legal basis on which the prisoner is detained. This category of writ is generally considered to be an "extraordinary remedy", which means 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 ask for relief on grounds not available in direct appeal.

If someone you know has been imprisoned in Richmond Hill, GA , contact a criminal lawyer.

-------------------------
Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Your rights when facing forfeiture in Richmond Hill, GA

2010-03-12T05:31:00.000-05:00

Your rights when facing forfeiture in Richmond Hill, GA

Your rights, and the process involved in criminal forfeiture, differs largely 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 informed in advance of your prosecution. Sometimes, criminal forfeiture process will be started at the time of, or after conviction.

The method in which forfeiture will be handled, and whether the proceedings are "criminal" or "civil" in nature, will vary hugely from state to state. It is generally advisable to seek assistance from a lawyer, if you are facing any kind of forfeiture action.

Civil forfeiture is very much like criminal forfeiture in many ways. However, while criminal forfeiture imposes an extra penalty upon the owner of property for his wrongful conduct, a civil forfeiture action is brought against the property itself. For criminal forfeiture to be initiated, the owner of the property has be convicted of a crime, but civil forfeiture can take place even if the owner is acquitted. In some instances, the property owner will not even be charged with an offense. Civil forfeiture proceedings must establish "beyond a reasonable doubt" that the property has a sufficient 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 Richmond Hill, GA , contact a lawyer immediately.

-------------------------
Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Criminal forfeiture Richmond Hill, GA

2010-03-11T05:30:00.000-05:00

Criminal forfeiture Richmond Hill, GA

Criminal forfeiture Richmond Hill, GA is the taking of your property by the state, due to its relationship to a criminal activity. Forfeiture laws vary from state to state, and may be broader or narrower depending upon the offense committed and the laws of your state. But, typically, criminal forfeiture will be requested if your property is used in the commission of an offense, or was obtained by a criminal offense.

Criminal forfeiture happens if, after the owner is convicted of an offense, and where forfeiture is allowed under the rules of the prosecuting state, it is demonstrated that the property has a sufficient connection to the offense to justify depriving you of the property rights. For example, the jurisdiction can have a rule that gives the court the right to forfeit your car, when you are convicted of drunk driving. The prosecutor's office may seek forfeiture of the properties including your business or home if you are convicted of certain offenses, like drug trafficking or racketeering.

When you are facing a charge involving possible criminal forfeiture, you can include the issue of forfeiture in the plea negotiations that may occur with the prosecutor.
If you are facing forfeiture in Richmond Hill, GA , contact a lawyer immediately.

-------------------------
Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Richmond Hill, GA White Collar Crimes

2010-03-10T05:28:00.000-05:00

Richmond Hill, GA White Collar Crimes

"White Collar Crimes" are a category of crimes which typically occur 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 include certain kind of fraud or dishonesty. These crimes are committed through apparently legitimate businesses. Many times the principals of the corporation are associated with the criminal activity, while on other occasions the crime is committed by an employee of the business, without the knowledge of others.

A corporation in Richmond Hill, GA which does not respond properly to a criminal activity, or allegations of a criminal offense, may appear to be involved in that offense. Particularly if a corporation is governed by state or federal laws, it is essential to have the correct compliance, reporting and investigatory mechanisms, to handle any rumors or reports of illegalities by staff. If a business does not intend to be made liable for illegal activities, or desires to diminish the responsibility, the perfect means of doing so is usually to cooperate with the investigation of the inappropriate conduct.

There will also be circumstances when a business appears to be so deeply associated with the criminal activity that a criminal charge is initiated against the business itself. This typically happens when it seems that the managers and directors of the business were so involved in, or so indifferent to, the criminal offense that the entire corporation seems to have tacitly committed the criminal activity.

-------------------------
Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Richmond Hill, GA Criminal Defense law firm

2010-03-09T05:26:00.000-05:00

Richmond Hill, GA Criminal Defense law firm

Usual "civil infractions" include "moving violations", such as "speeding" and "failure to yield." At times people are confused, if they are charged with a traffic misdemeanor, such as having invalid license plates or driving an uninsured automobile, and think that they are being charged with "civil infractions." Traffic misdemeanors in Richmond Hill, GA will be considered criminal offenses, and can result in a criminal record. Most traffic misdemeanors also have "points" that will be added to the defendant's driving record, and some require the suspension of a driver's license. If you are booked for a "misdemeanor," the ticket will usually show the nature of the charge, and you should to appear in court. When the charge is a "civil infraction," you often need not appear in court when you pay a fine by mail.

A defendant facing misdemeanor charges in Richmond Hill, GA has fewer legal rights compared to a defendant charged with a felony. If the defendant will 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 few states, misdemeanor charges are tried before six person juries, whereas felonies are typically tried before twelve man juries. Most other rights are the same, for both felonies and misdemeanors.

-------------------------
Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Richmond Hill, GA Criminal attorney

2010-03-08T05:25:00.001-05:00

Richmond Hill, GA Criminal attorney

A "civil infraction" is not a crime, although it is a charge filed by the state. The state must show 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 lower standard compared to the "proof beyond a reasonable doubt" standard which is applicable in civil cases. A typical civil infraction is determined by a magistrate, without a jury, in what is usually a short proceeding.

Certain states have a class of "petty offenses," where the defendant may be tried without a jury before a magistrate. Usually, 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 often results in a criminal record. Misdemeanors are technically less serious crimes, but the result of conviction can nonetheless be very severe. Likely penalties for misdemeanors include imprisonment, probation, fines, and some times driver's license sanctions. Certain misdemeanors are considered as "sex crimes" and require 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 crimes that can be charged. Sometimes, the distinction between "felonies" and "misdemeanors" appears arbitrary. However, every serious criminal offense including murder, sexual assault, embezzlement, burglary, robbery, arson, and treason are felonies.

If you have been charged with a crime in Richmond Hill, GA , contact a criminal law firm.

-------------------------
Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Richmond Hill, GA DUI lawyer

2010-03-07T05:24:00.000-05:00

Richmond Hill, GA DUI lawyer

Drunk driving happens when a person is driving an automobile, after consuming alcoholic beverages to such an extent that his ability to drive a motor vehicle is impaired. Most individuals charged with drunk driving claim that their driving was fine. They believe either the officer created 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 drank. The legal limit for blood alcohol in Richmond Hill, GA, is typically 0.08%, but DUI charges are often possible depending on your driving conduct even at a lesser BAC.

Additionally, you could be stopped since there is a mechanical problem with your car. If the officer finds 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 significantly from state to state. Every drunk driving offense in Richmond Hill, GA can result in a jail term. However, almost all first offenders are awarded lesser punishments, like driver's license restrictions, fines, mandatory attendance of drunk driver's education classes, compulsory attendance of alcohol counseling, community service, or probation.

-------------------------
Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Richmond Hill, GA Marijuana regulations

2010-03-06T05:18:00.000-05:00

Richmond Hill, GA Marijuana regulations

Georgia, together with the remaining 49 states, has taken a tough stance in the war on drugs. Georgia’s marijuana regulations are harsh. The legal consequences are perhaps far more severe than you’ve ever imagined. When you’ve charged with a marijuana related crime, it is important that you choose an attorney experienced in defending marijuana charges. Selling, buying, using and growing marijuana are all illegal in Richmond Hill, GA . When you are convicted of a marijuana offense, you will be sentenced to jail time and a heavy fine. The severity of the sentence varies depending on a number of factors. Quantity is one element that is considered at the time of deciding the punishment.

A marijuana possession Richmond Hill, GA with intent to distribute charge attracts some especially severe punishments. This felony offense includes jail term and also fines starting in the thousands. If you have a large quantity of drugs, you may be slapped with this offense even if you have no intention of distributing the drug. In these instances, intent depends on the quantity of marijuana in your possession.

Selling marijuana or growing marijuana Richmond Hill, GA also results ina tougher punishment. The place of where you are accused of marijuana selling is an important element. A conviction for sale of drugs near a school will attract more serious punishment. If you have had one or more past marijuana convictions, you will spend more time in jail or pay even larger fines.

If you have been charged with a marijuana crime in Richmond Hill, GA contact a marijuana defense law firm immediately.

-------------------------
Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Richmond Hill, GA Marijuana lawyer

2010-03-05T05:16:00.000-05:00

Richmond Hill, GA Marijuana lawyer

Marijuana rules are different in every state. It is important to be aware of the subtle differences. Buying, selling, using or growing marijuana is illegal in all states of the United States. Penalties differ from place to place, but generally consist of prison time, 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 differs based on many factors:
• Quantity - Penalties differ depending on the quantity of marijuana recovered from the person's possession.
• Selling - Penalties are much severe for those intending to sell.
• Growing - Penalties are much severe for those cultivating cannabis.
• Location - A person caught selling marijuana near a school will generally face severe penalties.

If you're caught with marijuana, you may receive a huge fine and/or go to jail. When you are caught more than once, or when looks like you're likely to sell the drug, the punishment is tougher.

Richmond Hill, GA has strict marijuana laws. If you have been charged with a marijuana crime, contact a marijuana defense attorney immediately.

-------------------------
Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

The Writ of Habeas Corpus

2010-03-04T05:34:00.000-05:00

The Writ of Habeas Corpus

If someone you know has been imprisoned in Liberty County, Georgia , contact a criminal lawyer
A 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 are permitted to file petitions for habeas corpus, challenging the legality of their detention but this right can be suspended in times of national emergency.

Once a court has been served with a petition for habeas corpus, depending upon the kind of the petition, it can grant a writ, reject 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 demanding that the prisoner be produced before court as ordered.
If a writ of habeas corpus is issued, the prisoner will be brought to court at the scheduled date and time. The aim of a hearing on the writ of habeas corpus is not to determine whether the prisoner is innocent or not, but is rather to decide whether the legal basis asserted for the imprisonment is lawful. When the imprisonment is unlawful, the prisoner has to be released. Whether or not detention is lawful, if a charge against the prisoner is valid the prisoner may undergo trial on that charge. For instance, a prisoner might file a petition for habeas corpus alleging detention on the grounds of an illegally high bail amount, however even if the reviewing court holds that bail amount is excessive and grants relief the prisoner may still have to undergo trial on the underlying charge.

-------------------------
Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

The Habeas Petition

2010-03-03T05:33:00.000-05:00

The Habeas Petition

A petition for habeas corpus requests that a judge issue a writ, mandating that a prisoner be produced in the court at a particular place, date and time.
In its original use, the petition for habeas corpus was filed to seek that the custodian of a prisoner be directed to bring a prisoner to a county court to testify in a lawsuit. This use of a petition for habeas corpus exists even today, when a prisoner is in the custody of another county or penal system, and the prisoner's presence is vital for a lawsuit. Often, a prisoner must be taken to the local court by the local Sheriff's department, which will be responsible for protecting the prisoner at the time of court proceedings and taking the prisoner to the other court at the end of the proceedings. But, when many people think of a writ of habeas corpus, they think of something more significant - a petition seeking that the custodian of a prisoner explain in court the lawful grounds upon which the prisoner has been detained. This type of writ is often considered to be an "extraordinary remedy", which means that the prisoner has exhausted all other avenues of relief or appeal, and no other adequate remedy remains. The writ of habeas corpus may ask for relief on grounds not available on direct appeal.

If someone you know has been imprisoned in Liberty County, Georgia , contact a criminal attorney.

-------------------------
Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Defendant’s rights when facing forfeiture in Liberty County, Georgia

2010-03-02T05:32:00.000-05:00

Defendant’s rights when facing forfeiture in Liberty County, Georgia

Defendant’s rights, and the procedure involved in criminal forfeiture, differs largely from state to state, and also depending upon the statute you are charged of breaking. If you are facing criminal forfeiture of your property, you might be informed in advance of your prosecution. Many times, criminal forfeiture proceedings will be started at the time of, or after conviction.

The procedure in which forfeiture will be dealt with, and whether the proceedings are "criminal" or "civil" in nature, will vary substantially from state to state. It is often advisable to seek help from a lawyer, if you are facing any kind of forfeiture proceeding.

Civil forfeiture is similar in many ways to criminal forfeiture. But, whereas criminal forfeiture means to impose 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 result, the owner of the property ought to be convicted of a crime, while civil forfeiture might occur although the owner is acquitted. In few cases, the property owner might not even be charged with an offense. Civil forfeiture actions must show "beyond a reasonable doubt" that the property has a sufficient connection to a crime to mandate its forfeiture under the law. Criminal cases should be tried using the much higher standard of, "Guilty beyond a reasonable doubt."

If you are facing forfeiture in Liberty County, Georgia , contact an attorney immediately.

-------------------------
Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Criminal forfeiture in Liberty County, Georgia

2010-03-01T05:07:00.000-05:00

Criminal forfeiture in Liberty County, Georgia

Criminal forfeiture in Liberty County, Georgia is the taking of your properties by the state, because of its relationship to a criminal activity. Forfeiture regulation differ from state to state, and might be broader or narrower based on the criminal offense committed and the rules of the jurisdiction. However, generally, criminal forfeiture will be requested if your property is used in the commission of a criminal offense, or has been obtained through a criminal offense.

Criminal forfeiture takes place if, after the owner is convicted of a crime, and if forfeiture is permitted under the laws of the prosecuting jurisdiction, it is demonstrated that your property has a sufficient relationship to the criminal activity to justify depriving the owner of the property rights. For example, the state may have a rule which provides the court the right to forfeit your car, when you are convicted of DUI. The prosecutor's office might seek forfeiture of your property including your business or home if you are convicted of certain offenses, like drug trafficking or racketeering.

If you are facing a charge involving likely criminal forfeiture, you can include the issue of forfeiture in the plea negotiations that may occur with the prosecutor.
If you are facing forfeiture in Liberty County, Georgia , contact a law firm immediately.

-------------------------
Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Liberty County, Georgia White Collar Crimes

2010-02-28T05:06:00.000-05:00

Liberty County, Georgia White Collar Crimes

"White Collar Crimes" mean a type of criminal activities which typically occur in businesses or corporations, like "insider trading," "antitrust violations," "computer fraud," "securities fraud," and "money laundering." White collar crimes are non-violent in nature, and usually consist of certain kind of fraud or dishonesty. Such offenses are committed using apparently legal businesses. At times the principals of the corporation are associated with the criminal offense, while on many occasions the criminal activity is committed by an individual within the corporation, without the knowledge of anyone else.

A business in Liberty County, Georgia which does not respond properly to a criminal activity, or allegations of an offense, will appear to be involved in that criminal offense. More so if the corporation is governed by state or federal regulation, it is essential to have the appropriate compliance, reporting and investigatory mechanisms, to deal with any rumors or reports of illegalities by employees. When the business does not want to be held responsible for illegal activities, or desires to reduce its responsibility, the perfect method of doing so is often to cooperate with any investigation of the inappropriate conduct.

There might also be instances where a corporation appears to be so heavily associated with the criminal offense that a criminal charge is initiated against the corporation itself. This generally happens when it appears that the managers and directors of the business were so involved in, or so indifferent to, the crime that the entire business seems to have tacitly condoned the crime.

-------------------------
Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Liberty County, Georgia Criminal Defense attorney

2010-02-27T05:05:00.000-05:00

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.

-------------------------
Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Liberty County, Georgia Criminal lawyer

2010-02-26T05:04:00.000-05:00

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.

-------------------------
Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Liberty County, Georgia DUI lawyer

2010-02-25T05:04:00.000-05:00

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.

-------------------------
Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Liberty County, Georgia Marijuana crimes

2010-02-24T05:03:00.000-05:00

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.

-------------------------
Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Liberty County, Georgia Marijuana lawyer

2010-02-23T05:01:00.000-05:00

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.

-------------------------
Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

The Writ of Habeas Corpus

2010-02-22T03:35:00.000-05:00

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.

-------------------------
Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

The Habeas Petition

2010-02-21T03:34:00.000-05:00

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.

-------------------------
Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Your rights when facing forfeiture in Chatham County, Georgia

2010-02-20T03:34:00.000-05:00

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.

-------------------------
Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Criminal forfeiture in Chatham County, Georgia

2010-02-19T03:33:00.000-05:00

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.

-------------------------
Savannah GA DUI Lawyer - Georgia Criminal Defense Attorney

Chatham County, Georgia White Collar Crimes

2010-02-18T03:32:00.000-05:00

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

Chatham County, Georgia Criminal Defense attorney

2010-02-17T03:31:00.000-05:00

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

Chatham County, Georgia Criminal lawyer

2010-02-16T03:31:00.000-05:00

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

Chatham County, Georgia DUI law firm

2010-02-15T03:30:00.000-05:00

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

Chatham County, Georgia Marijuana laws

2010-02-14T03:29:00.000-05:00

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

Chatham County, Georgia Marijuana law firm

2010-02-13T03:28:00.000-05:00

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

The Writ of Habeas Corpus

2010-02-12T07:06:00.000-05:00

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

The Habeas Petition

2010-02-11T07:04:00.000-05:00

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

Defendant’s rights when facing forfeiture in Savannah, Georgia

2010-02-10T07:04:00.000-05:00

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