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 […]
What You Should Know About Illegal Weapon Possession in Georgia
James Madison, one of the Constitution’s primary authors, once noted that the kingdoms of Europe were “afraid to trust the people with arms” and the new United States should be different. Madison and his cohorts apparently thought the Constitution as originally drafted adequately upheld the right to own guns. But some people wanted more assurance. […]
Amendments to Certain Georgia Juvenile Delinquency Petitions
In Georgia’s Troup County Juvenile Court, the attorney prosecuting a 15-year-old defendant amended the teenager’s petition orally, claiming that one of the charges should be listed as a felony. The trial court allowed the lawyer to make this adjustment after the hearing had begun, affording no notice to the defendant or the defendant’s parents or […]
Felons Who Possess Firearms in Georgia
Convicted felons lose many of their rights, in Georgia and most other states. They cannot vote, pursue certain careers, or, for purposes of this blog, possess firearms. Outside criminal court, felony possession is relatively easy to prove. But a Section 16-11-131 infraction is different. That’s especially true in mobile FIP (Felon in Possession) cases. If […]
