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Lawrenceville Criminal Law Blog

Our firm can help defend against domestic violence charges

When police are called to handle domestic disputes, it is sometimes difficult to know which party was the instigator. However, police are generally trained to make an arrest even if no one is in immediate danger. In some cases, one party will falsely accuse the other of domestic violence out of anger or in an attempt to get revenge, and the wrong party will get arrested.

Once someone has been arrested, the accusing party may regret their actions shortly thereafter and make up with their partner, but the damage has already been done. Even if the alleged victim decides not to press charges, the district attorney's office may decide to prosecute the case anyway. The decision to prosecute will depend on a number of factors, including evidence of physical injuries and a past history of violence. If the prosecutor decides to go forward with the case against you, the Law Firm of Christopher T. Adams P.C., is available to help you.

Some driving behaviors elevate to reckless driving

When a police officer pulls you over, you probably wonder to yourself whether you were speeding. Did you miss a stop sign? Did you forget to use your turn signal when you changed lanes? You won't really know what infraction the officer thinks you committed until he or she comes to your window.

While you may expect a speeding ticket, the officer may accuse you of driving recklessly. Here in Georgia, reckless driving is not just a traffic infraction for which you could pay a fine and perhaps get points on your license. It is a misdemeanor charge.

Facing robbery charges in Atlanta

Robbery is considered a serious criminal felony in Georgia and can result in life-changing consequences. Under O.C.G.A. 16-8-40, robbery is a theft and property crime that is generally defined as a theft committed by use of force, intimidation, or sudden snatching. Prosecutors have a legal duty to prove that a defendant is guilty by establishing that they committed one of these three forms of robbery beyond a reasonable doubt.

First, robbery by force generally requires the defendant to have used force to obtain the stolen property. This could mean that there was a struggle between the defendant and the alleged victim or that the defendant caused injury to the victim during the struggle.

Georgia traffic stop leads to drug arrest

If a law enforcement officer has a reasonable belief that a driver has committed a crime of any sort, they are legally allowed to stop the driver's vehicle. Because of this, many routine traffic stops often lead to drivers being arrested on drug charges.

A 28-year-old man from Georgia was recently stopped by police for allegedly failing to maintain his vehicle on a local street. The officer stopped the driver and a check by a Georgia Crime Information Center reportedly revealed that the driver's license was suspended due to a prior DUI conviction; however, the driver had a valid permit to drive to work. The driver apparently said he was going to work, but the officer reported that the driver smelled of alcohol and his speech was slurred. The officer asked if the driver had consumed any alcohol before driving and the man reportedly said that he had alcohol the night before. The driver submitted to a Breathalyzer, and, according to officers, the driver was under the influence.

The consequences of a DUI conviction in Georgia

Drivers who have been charged with a DUI in our state should be aware of the serious consequences that may await them if they are convicted. Under Georgia Code, Section 40-6-391, drivers can violate DUI law by driving with a blood alcohol content (BAC) level of 0.08 percent or higher (DUI per se) or driving under the influence according to the arresting officer (DUI).

For a DUI per se, the court will presume that the accused was drunk driving, or driving under the influence, based on the BAC level of 0.08 or higher, unless the defense attorney proves otherwise. For a DUI, the District Attorney will need to prove that the accused was operating a vehicle while impaired. Keep in mind that drivers with BAC levels under 0.08 can still be charged with a DUI, if the officer finds they were impaired due to signs of intoxication or failed field sobriety tests.

Fake gun leads to aggravated assault charge for man

Airsoft guns are a hot topic of debate around the globe. Some countries have banned them altogether due to their uncanny resemblance to an actual firearm. In the United States, airsoft guns are required to have a bright orange tip on the end of the barrel to identify them as such. It is illegal to remove the orange tip, and anyone committing a crime using or portraying an airsoft gun as a real weapon is subject to punishment just as if a real weapon was used.

A 24-year-old Loganville man has been charged with aggravated assault after threatening a co-worker with an airsoft gun. Though he claims it was only intended to be a joke, the orange tip had been removed from the weapon so that it could not be determined to be fake. A female co-worker claims that the man had been aggravating her earlier, and she finally told him to leave her alone. He returned about 10 minutes later, at which time she again told him to leave. It was at that time he brandished the weapon and said "Why are you so freaking mean to me?" Then, speaking with what she claims to have been an angry face, he proceeded to state "I'm sick of your (expletive)."

What is the difference in assault and battery?

The terms assault and battery are commonly mistaken for the same crime. However, though they are similar in nature, they each have defining characteristics and separate sentencing guidelines. The most defining difference between the two is the presence of actual physical harm.

In the state of Georgia, an assault charge can take place in a number of circumstances. Actual physical harm to another person is not required in order for a party to be charged with assault. It also includes attempting to harm someone, threatening to harm someone or exhibiting threatening behaviors and placing someone in a situation in which they may be harmed.

What are the most common traffic violations?

Did you get up late this morning? No matter how hard you tried, you couldn't make up the time while at home. If you are like most people, everything seemed to take twice as long as it usually does -- probably because you were in a hurry. So, you tried to make up the time while driving. Nearly everyone plays out this scenario on occasion, but that doesn't make it legal.

There are a lot of rules when it comes to driving. Obeying the traffic laws is something most Georgia drivers attempt to do but don't always succeed at doing. In fact, there are certain traffic laws that people commonly violate.

Crimes that affect employment in Georgia

Some crimes committed in the state of Georgia can affect both future, as well as current, employment. These crimes are especially relevant to employment in higher level, professional positions such as bankers, nurses, doctors, lawyers, attorneys, and other such positions in which trust is a large factor. They are known as "moral turpitude" crimes, and include a long list of offenses. A current or potential employer can decide to terminate or deny employment if a person has been convicted of such.

First, let's define moral turpitude. Georgia courts have deemed that the term is so clear, a trial judge need not even mention it unless specifically requested. In a legal setting, the word "turpitude" means anything that contradicts justice, honesty, modesty or good morals. Since most of you already know what a moral is, we place the two words together to determine that a crime of moral turpitude is, in its simplest explanation, a crime that would go against what we know is right.

Squatter claims newly constructed $500k Gwinnett County house

In a bizarre Facebook post, a squatter staked his claim on a brand new, $500,000 house in Georgia. He then moved himself and his nephew into the dwelling, and posted signs on the windows claiming he now owned the property.

The house is located on Settles Brook Court. Neighbors attempted to communicate with the man telling him that he had no right there. However, he continued to argue with them, as well as law enforcement. The new owners would change the locks, and the man would change them again.

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