Jail Release Basics in Cobb County
In 2017, Georgia had one of the highest percentages of unsentenced jail inmates in the country. Almost half of county prisoners were simply waiting for their day in court. This figure is a bit deceptive, because inmates who were on their way out the door were counted as “unsentenced” like everyone else. Nevertheless, reports like […]
Georgia Courts Redefine Resisting Arrest
The Georgia Supreme Court revived a doctrine that first appeared in 1710 and allows defendants to offer proportional resistance to unlawful arrests. Athens-Clarke County police officers arrested Christopher Glenn for loitering outside a local elementary school. Glenn, who contended that he was simply walking home, assaulted the arresting officers and kicked the squad car’s door […]
U.S. House Approves Marijuana Legalization Bill
Three Republicans joined all but two Democrats in approving marijuana decriminalization at the federal level. In addition to decriminalizing most possession matters, the measure would also allow the Veteran Administration to prescribe medical marijuana, allow marijuana users to keep their security clearances, and expunge some old possession of marijuana records. Such histories “haunt people of […]
Top Five Contact Sex Crimes Defenses in Georgia
Most people have very strong beliefs about sex crime defendants. Most of these beliefs are inaccurate. According to one study, most people “view sex offenders as a homogeneous group with regard to risk.” Furthermore, most people believe all sex offenders have high recidivism rates and don’t benefit from any form of treatment. This category is […]
Alimony in Georgia: What You Should Know
Spousal support made national headlines in the late 2010s. For about fifty years, obligees (people receiving support) had to report receipts as income, and obligors (people paying support) could deduct the payments. The 2017 Tax Cut and Jobs Act reversed these roles. This federal law made receipts nonreportable and payments nondeductible. The jury is still […]
Georgia Man Receives Rare 15-Year Sentence for Possessing a Firearm
A federal judge ordered a Jackson County man to spend the next fifteen years in a federal prison after he was sentenced under the federal armed career criminal law. According to court documents, Commerce Police Department officers responded to a shots-fired call in 2019. At the scene, they found several .40 caliber shell casings. A […]
Dog Savagely Mauls 7-month-old Columbia County Girl
Criminal charges may be forthcoming against a dog owner after the animal, which had injured another neighbor in a previous attack, killed an infant girl and seriously injured her great-grandmother. When sheriff’s deputies arrived at the scene of the attack, the great-grandmother has multiple serious lacerations. The girl wasn’t breathing because of her injuries. Emergency […]
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 […]
