What is the Best Defense for DUI?
Since the late 1990s, thousands of people have asked this question. Before then, DUI was little more than a traffic ticket. Then, under pressure from advocacy groups, the laws started getting tougher, especially in the south. Today, Georgia has one of the harshest DUI laws in the nation. As legislative and judicial authorities strengthened the […]
Semi-Truck Crash Kills Two Teenage Girls
Few details were available after a violent collision killed an 18-year-old high school senior and her 14-year-old sister. The wreck occurred on State Highway 4, at the intersection of Five Points Road. The two girls were declared dead at the scene after the car they were riding in pulled in front of an oncoming semi-truck. […]
Some Common Non-Intoxication Defenses in DWI Cases
Intoxication, or lack thereof, is usually the most important issue in a DWI case. Since Georgia has a per se DWI law, prosecutors must prove the defendant’s BAC level was above the legal limit or the defendant had lost the normal use of his/her physical faculties. Effective intoxication defenses are usually available. The Field Sobriety […]
Top Five Probation Violations in Cobb County
Mostly for financial reasons, almost all convicted defendants in Cobb County receive probation. Even violent and/or repeat offenders usually get suspended sentences. The fees and other money that probationers pay do not make the probation department self-sufficient. However, these funds at least offset the enormous expense of operating these agencies. Jails and prisons are simply […]
Resolving a Misdemeanor in Cobb County
Assaults, thefts, possession offenses, mostly marijuana possession, and DUIs dominate the tens of thousands of misdemeanor arrests that occur in Georgia every year. All these infractions have significant direct and collateral consequences. Probation in a misdemeanor, even for a first-time offense, could be half a year or more. During that time, defendants are under the […]
What Are the Levels of Assault in Georgia?
It’s very difficult for prosecutors to convict defendants in violent crime cases. #MeToo is a good example. This movement, which began in 2017, has lead to fewer than ten convictions worldwide. A few other cases settled out of court. Hundreds of men have lost their jobs over sexual abuse allegations, but in most cases, the […]
Surviving DUI Probation in Cobb County: A Field Guide
Judges nearly always probate jail sentences in DUI cases. Felony DUIS and cases with extreme aggravating circumstances, like a fatal collision, are the biggest exceptions. Since the normal period of probation, even for a first-time offense, is one to two years, many defendants opt for a brief jail sentence in lieu of probation. Incarceration instead […]
Successfully Challenging Chemical Test Results in DUI Cases
“Do you agree to provide a chemical sample” is often the biggest DUI arrest question. The conviction rate in test cases is much higher than the conviction rate in non-test cases. In fact, many defendants assume that if they provide a breath or blood sample, they are automatically guilty. Fortunately, that’s not true, especially in […]
The Magnificent Seven Criminal Defendant Rights in Georgia
The critical phrase “presumption of innocence” is nowhere in the Constitution. But it is deeply embedded in the laws of our country. Basically, the presumption of innocence means that every defendant is falsely accused. So, prosecutors do not start on ground level. Before they can build cases against defendants, they must dig their way out […]
Court of Appeals Upholds Georgia’s Aggravated Assault Definition
Shawn Harlacher was involved in a bar brawl that left him with a broken nose. As his assailant retreated, Harlacher drew a weapon, aimed for his opponent, but refrained from firing. Mr. Harlacher was subsequently indicted on an aggravated assault with a deadly weapon charge; however, the indictment, it seemed, did not meet the criminal […]
