Georgia's government is tough on crime. Unfortunately, that also means that it is sometimes tough on rights. At Fox, Chandler, Homans, Hicks & McKinnon, LLP., We believe that there is no excuse for violating someone's basic human liberties.
Even first-time drunk drivers in Georgia face considerable repercussions for their crimes, and if you are among those charged and ultimately convicted of driving under the influence, you can count on it costing you a pretty substantial sum. In addition to possibly having to spend time behind bars in the wake of your crime, you can also expect to have to pay hefty fines, and you will also typically have to surrender your license for a period which can make it more difficult to come up with the money you owe.
The United States operates under the common law principle of the "castle doctrine," which states that individuals have the right to use reasonable force to defend themselves against trespassers on their property. "Reasonable force," in this case, includes deadly force. Every state has since classified and expanded upon this doctrine to create their own legislatures. The National Conference of State Legislatures explores Georgia's take on the castle doctrine.
If you have been arrested and charged with a driving under the influence offense in Georgia, you will no doubt want to be learning as much as you can about your options to defend yourself against these charges. Among the things you should investigate are the tests you were asked to participate in before you were arrested. The results of all testing, including the field sobriety test results, are used as evidence to support placing you under arrest.
If a Georgia police officer stopped you and either determined that you were driving under the influence via a field sobriety test or ascertains you were driving under the influence via a breath or chemical test, you may wonder what type of charges you face. Do you face misdemeanor charges or does driving under the influence warrant felony charges? If this is your first, second or third DUI offense, the charges will fall into the misdemeanor category. However, if it is your fourth offense in 10 years, the state may charge you with a felony.
You may be hard-pressed to find someone in Gainesville who has not heard of one claiming self-defense when responding to criminal accusations. In fact, it may seem that such a defense is so common that it has lost its credibility as a valid justification. Yet there very well may be scenarios where you feel threatened to the point of needing to respond with action (in some cases, even lethal force). The question then becomes when are you legally justified to do so?
Social media has long since crossed the line between novel and everyday, a fact that has prompted lawmakers to embrace new laws that create a safer and less hostile environment for users. Many of the laws strive to prevent online threats and allow for the persecution of those who make them. Unfortunately for cyberbully victims, the Supreme Court seems to take the stance that online threats are merely a form of free speech. However, that has not stopped states such as Georgia from regulating and prosecuting individuals whom they believe have made credible online threats.
Though you should do everything in your power to prevent getting arrested and charged with a DUI in Georgia, it is that time of year when police are out and about and pulling over anyone who looks suspicious. If you have more than two drinks at a holiday party and an officer stops you, you may be over the legal limit. If you have a particularly potent drink at a restaurant, you may be over the legal limit. A DUI can negatively impact your life in multiple ways, including both financially and reputation-wise. Fortunately, you may be able to beat DUI charges with a strong defense.
People use technology often these days in criminal cases. However, there is a new way to use it when it comes to defense for sexual assault crimes. Many of these crimes end up being one person's word against another. With the new consent apps for your smartphone, consent becomes clear, according to The New York Times.
It is a stressful situation when an officer places you under arrest. However, it is also a situation where you must be aware of your rights. That begins with knowing when an officer can arrest you under Georgia law. According to the Georgia Bar Association, officers may arrest someone with a warrant or without a warrant.