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Lawrenceville Criminal Law Blog

Teacher charged with battery for allegedly yanking student's hair

Battery is a serious crime, particularly when the victim is a minor. A middle school teacher in Georgia has been charged with battery after she allegedly pulled a student out of class and into the hallway by grabbing her by the hair.

According to the 14-year-old, the student asked the teacher to use the bathroom for a minor emergency. The teacher said no, but the student got permission from another teacher and left. When the student returned, she allegedly felt someone pulling her braids from behind. A school resource officer saw a video of the incident and filed a battery charge against the teacher. The teacher contended that it was an accident, however, the student said the teacher had acted this way towards other students, but they were too afraid to report her.

Rapper and former NFL star facing drug charges

Many drug possession cases arise out of traffic stops. Police pull over a driver for speeding, running a stop sign, or perhaps something as simple as a malfunctioning tail light. The officers then use the opportunity to search the driver's person and vehicle for illegal drugs.

Louisiana rapper, Boosie Badazz, whose legal name is Torrence Hatch Jr., is facing drug and firearm charges following a traffic stop in Newnan, Georgia.

Having a prescription for a drug may not prevent DUI charges

Most Georgia residents need to take some type of prescription medication from time to time. You may have gotten sick recently and needed a prescription antibiotic or found out that you have high blood pressure and need a prescription to address it. Whatever the reason, you understand the importance of taking your prescription exactly by the provided directions.

What you may not understand, however, is that, even after taking your prescription as directed, you could wind up facing criminal charges for DUI. This possibility may seem outlandish to you, but in reality, certain medications can affect your abilities, putting you and others at risk if you get behind the wheel.

Refusing Breathalyzers and field sobriety tests

If an officer pulls you over on suspicion of DUI, they may request you to take a Breathalyzer test and various field sobriety tests. However, drivers should be aware that they have the right to refuse these tests, although the refusal may come with consequences.

Based on Georgia's implied consent laws, drivers are required to submit to chemical testing if they are lawfully arrested for drunk driving. Refusing a roadside Breathalyzer test may constitute an implied consent violation and could cost you your driver's license for up to one year.

Assistance forming a successful criminal defense strategy

Facing criminal charges in Georgia can be one of the most difficult things you ever have to experience. Regardless of what crime you are accused of committing, if you are convicted, you will likely have to face legal consequences, as well as long-term effects on your life. A criminal defense attorney can help come up with an effective defense strategy to combat the charges against you.

When charges are brought against you, it is the prosecutor's burden to prove your guilt beyond a reasonable doubt. While "innocent until proven guilty" is the basis of the criminal justice system, it is in your best interest to poke holes in the prosecution's arguments against you and present your own evidence to convince the judge and jury of your innocence. Even if you cannot prove your complete innocence, if you tell your side of the story, you could still be found not guilty or be convicted on reduced charges.

Facing family violence charges in Georgia

According to O.C.G.A. Sec. 19-13-1, Georgia's Family Violence Act, many different behaviors toward family members could result in charges of family violence. Generally, these behaviors include battery, assault, stalking, criminal property damage, criminal trespass, and unlawful restraint. These behaviors can occur between past and current spouses, parents of the same child, parents and children, and former or current housemates. The law does, however, permit parents to use reasonable methods to discipline their children in the form of corporal punishment, restraint or detention.

The most commonly talked about form of family violence is domestic violence, when a husband or wife attacks their spouse in a violent manner. However, even walking onto your ex-spouse's property without permission could lead to criminal trespass charges under the statute, even if you used to live there.

Five people face drug trafficking charges in Georgia

Some of the most serious drug crimes in Georgia relate to drug trafficking, or the manufacturing, sale and distribution of large amounts of controlled substances. Five people are now facing drug trafficking charges after $1 million worth of cocaine, marijuana, and ecstasy were found in two separate seizures in the Georgia area. Three of the people were arrested when their vehicle was stopped by police and a large number ecstasy pills were found in the vehicle. The other two people were arrested after police found them in a semitrailer with significant amounts of cocaine and marijuana, as well as $20,000 in cash.

In Georgia, controlled substances are classified into schedules based on how likely it is that someone would abuse it or become dependent on it, as well as whether the drug has an accepted medical use. For example, Schedule I drugs (e.g. heroin) are the most dangerous and have no medicinal value. On the other hand, it is unlikely that someone would get addicted to or abuse Schedule V drugs (e.g. over the counter medications), and they have an accepted medical use.

Repeat DUIs in Georgia lead to steeper penalties, higher fines

If convicted of a drunk driving charge, it could alter the course of your life. You may find yourself dealing with penalties that can alter your educational opportunities, career and many other areas of your life. It is in your interests to fight back and defend yourself, even if it is your first offense.

The importance of an effective defense increases dramatically if you are facing a DUI for the second or subsequent time. Georgia laws are strict regarding repeat drunk driving offenses, and the penalties become harsher and more expensive with each DUI. If you find yourself in this situation, it is beneficial to learn more about what you are up against and how you can develop an effective defense strategy.

What are the benefits of accepting a plea deal?

If facing criminal charges of any kind, the accused have a few options available while going through the legal process. In many Georgia cases, prosecutors and criminal defense attorneys are able to work together to come up with a plea deal that benefits all parties involved. However, there also downsides to accepting a plea deal, particularly for the person being charged.

Generally speaking, when a defendant agrees to a plea deal, they typically agree to plead guilty to a lesser criminal charge and receive a reduced sentence. There are many pros to agreeing to a plea deal for judges, prosecutors and defendants.

Georgia trio arrested following Indiana car chase

Three women, who reportedly refer to themselves as the "Felony Lane Gang," were recently arrested in Indiana following a brief car chase. The woman were wanted on felony warrants for a number of break-ins and thefts, and had previously taunted authorities on social media.

State police allege that the break-ins have occurred in parks and gyms across Newton County, Gwinnett County and Clarke County, and the women targeted purses and other items that were left out during workouts. The women apparently used rental cars as they committed their thefts. An Indiana State police officer apparently saw the women for speeding on the interstate in a rental car, but when the officer tried to pull them over, they tried to get away. Eventually, the officer successfully pulled them over in a nearby town. The officer apparently found credit cards, checkbooks, social security cards and IDs belonging to other people in the women's vehicle and officers are alleging that these items were stolen.

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