Athens Georgia Fire Arson Crime defense law firm

The elements of arson are setting a fire that reaches a structure and, in turn, burns said structure. Arson law also treats explosions as burnings. The common law rule is that however slight the burning, the arson is complete. Therefore it does not matter how much burning takes place. A fire can be treated as arson when it occurs inside a house only if the goods damaged qualifies as a permanent fixture. Whereas sinks, lighting, and appliances are considered permanent fixtures, personal property such as furniture, clothing, or documents are not permanent fixtures. A few states have arson laws that distinguish between “sooting” (smoke damage), “scorching” (blistering), “charring” (external surfaces destroyed), and so forth, but the main point is that a structure need not burn to the ground for it to be considered arson. The police and firefighters decide the circumstances to be considered for arson such as the type of structure and amount of damage.

Arson is a serious charge that usually does not involve getting off with a warning. An experienced criminal lawyer can help you if you are charged with arson. The penalties can be severe, but a seasoned criminal attorney can get you the best possible results.
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Athens GA DUI Lawyer – Athens Georgia Criminal Defense Attorney

Oconee County Georgia DUI criminal law attorneys

Whereas a drunk driving offense involving drugs may be prosecuted by the State although where the drugs are prescribed by a physician, special laws apply to DUI-contraband charges. These charges involve illegal substances such as marijuana, cocaine, heroine, etc. in the persons blood system. The DUI offense is based upon driving while having an unlawful substance in your blood system. Even though this issue is currently on appeal, the prosecution is not presently required to demonstrate impairment due to the illegal contraband drugs in your system. Mere evidence of the presence of a contraband substance or its “metabolites” is sufficient to render a conviction. But, recent case law (Love v. State) holds that if a person has marijuana present in his/her system, the prosecutor should establish that the person was rendered incapable of driving safely as a result of using the marijuana.

Beyond the misdemeanor DUI contraband penalties, Georgia law has other more tough penalties for possession of drugs when marijuana or other illegal drugs are found in a automobile or someones pocket. A “possession” crime may be committed by a person driving a vehicle, or by a person not operating a automobile. Your drivers license can be suspended upon a guilty plea or a conviction for possession of drugs, although you were not driving when arrested. This law has been upheld by the GeorgiaSupreme Court after an appeal on challenges to its validity.
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Athens GA DUI Lawyer – Athens Georgia Criminal Defense Attorney

Athens GA Repeat Offender license revocation – DUI attorneys

For individual who have one prior DUI arrest within the past 5 years, a three year suspension is issued. No license and no work permit is allowed for at least eighteen months. The suspension starts on the 31st day following arrest except when an administrative appeal is sought and successfully handled. Yet, these second-time violators may attend a DUI risk reduction program and pay a reinstatement fee and have their license reinstated after 18 months.
Any person who has already had two or more prior administrative license suspensions within a five year time period can attend a DUI risk reduction program and pay a reinstatement fee and have their license reinstated after 60 months. No work permit of any type is allowed for at least 24 months.

Remember drunk driving is a crime and not just a driving offense. When you are convicted of a DUI, you will have a criminal record, which could hurt your professional, financial, and educational opportunities now and in the future. Most legal matters are downright confusing; especially to ordinary people with no legal background. Someone like you or me will not understand the in-depth legal vocabulary a typical GA Drunk driving lawyer can use inside the courtroom. People facing a DUI charge need a GA drunk driving lawyer to help them take the right decisions.
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Athens GA DUI Lawyer – Athens Georgia Criminal Defense Attorney

Athens GA criminal defense Administrative license revocation lawyer

Persons without a previous DUI arrest within 5 years will be considered to be first offenders under the ALS law. The suspension period is 1 year. However, first offenders can seek the following favorable treatment. When the initial 30-day temporary driving permit allowed by the form received at the time of the arrest comes to an end, the person can apply for and receive a 30 day work permit that allows him/her to drive to work, medical treatment, DUI Risk Reduction Program, College, etc., however it cannot be used for recreational driving. This limited driving permit costs $25. Also, if the person enrolls in and completes a Risk Reduction Course and pays a reinstatement fee ($200 by mail; $210 if done in person), he/she can receive early reinstatement of his/her license or privilege to drive when the 30 day permit expires.

Your first thing to do is to get contact a GADUI law firm immediately. They can provide an objective and experienced perspective of your legal position. Through their expertise and advice, you can choose the best remedy available to your current position. A GeorgiaDUI attorney has knowledge of all the laws to use to your advantage as well as interpreting state constitutions to serve as a lifeline. The best method to prevent such tough punishment is to avoid being charged with DUI at all, or at least being charged more than once.

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Athens GA DUI Lawyer – Athens Georgia Criminal Defense Attorney

Athens Georgia License revocation drunk driving lawyers

Georgia, like every other state, has an administrative penalty for any driver who upon being asked by a police officer to submit to a state administered chemical sobriety test does not take the test. This refusal does not result in any monetary fines to be paid, nor can you be imprisoned simply for not taking the government s test. Meanwhile, the State will seek to suspend your drivers license for a period of one year.

A person who contests this suspension by filing a request for a hearing within 10 business days after the alleged refusal may succeed in preventing this suspension for refusal. When counting days, the day of arrest will not count. Also, never include Saturdays, Sundays or State holidays. Failure to appeal the suspension within 10 business days will almost certainly result in this one year suspension. In rare cases, if providential cause for delayed filing can be established, a late appeal will be accepted by DPS.

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Athens GA DUI Lawyer – Athens Georgia Criminal Defense Attorney

Drunk Driving and the Legal Limits of Alcohol Oconee County GA criminal law lawyer

For persons under the age of 18, an alcohol content reading of .04 BAC is the level for per se intoxication when they are arrested. This means that if you were administered the prosecutor s test and the result was .040 or higher, you are driving with an unlawful blood alcohol level.
For persons with a CDL license who were stopped when operating a commercial vehicle an alcohol content reading of .04 BAC is the level for per se intoxication. This means that if you administered the prosecution s test and the result was .040 or higher, you were driving with an unlawful blood alcohol level. When a commercial driver is stopped in a commercial vehicle and the State s test reveals any alcohol, a 24-hour out-of-service order will be passed, and the vehicle will be impounded for the time period.

An alcohol content showing .10 or more is considered per se intoxicated for persons who are age 18 and older. The prosecutor, however, must be able to demonstrate that the test administered was a valid test, and that it was taken within 3 hours of driving or being in actual physical control of a vehicle. This means that if you were given testing and yield a result over .099, you will be accused of driving with an illegal blood alcohol level. No evidence of “bad driving” or visible signs of impairment is necessary for a guilty verdict for this type of DUI.
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Athens GA DUI Lawyer – Athens Georgia Criminal Defense Attorney

Athens-Clarke County GA criminal defense attorney

In a normal DUI criminal case, the State has to demonstrate that the driver was a less safe driver because of alcohol imbibed. This type of case can be pursued even if no test result exists. When a person has taken a blood, breath, or urine test, the State must introduce evidence of the result. To assist the prosecutor demonstrate “less safe” driving, the government passed a law which permits the prosecution to benefit from certain “legal” presumptions. A blood alcohol level of .08 is the level of “presumed” impairment for persons 18 or older.

This presumption comes into play at trial where the prosecutor requests the judge to instruct the jurors that if they believe that the prosecution has demonstrated beyond a reasonable doubt that the driver had an alcohol level of 0.08% or more, that the jurors must “infer” that the driver was impaired. This inference, nonetheless, may be disputed by the driver, and evidence showing lack of impairment can be submitted. Georgia law also establishes other “inferences” in the law, like the fact that persons who have a blood alcohol level of .05 or under are considered to NOT be impaired by alcohol.

However, the prosecutor can attempt to refute that “presumption” by other evidence. If a person is .06 or .07, neither the driver nor the prosecutor is given the benefit of an “inference”.
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Athens GA DUI Lawyer – Athens Georgia Criminal Defense Attorney

Steps in a Georgia criminal case

Athens GA criminal defense lawyer

If arrested, your first court appearance is at the arraignment. During arraignment, the judge reads the charges filed you in the complaint and you can choose to plead “guilty,” “not guilty” or “no contest” to those charges. The judge will also review your bail and set dates for future proceedings.

A preliminary hearing, or preliminary examination, is an adversarial proceeding in which attorneys questions witnesses and both parties make arguments. The judge then makes the ultimate finding of probable cause. In a grand jury, the jury hears only from the prosecutor. The grand jury may call their own witnesses and request that further investigations be performed. The grand jury then decides whether sufficient evidence has been presented to indict the defendant.

A guilty verdict or a plea bargain results in a conviction and a criminal record is established. The establishment of a criminal record carries with it far-reaching consequences. A conviction can carry a wealth of hidden consequences that can come into play under a variety of circumstances. A criminal conviction can have major repercussions. It can affect the individual on a more basic level when he attempts to seek employment. Federal law and most state agencies now requires background checks and allow disqualification based on conviction in a wide variety of employment areas including education, healthcare services, child and eldercare, financial institutions and transportation. A prior conviction will play an important role in the outcome of all future criminal charges.

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Athens GA DUI Lawyer – Athens Georgia Criminal Defense Attorney

Georgia Criminal Procedure

Athens GA Criminal Defense Lawyer

The different outcomes of a criminal charge includes without limitation: a criminal investigation with no arrest, an arrest but dismissal of the case because of a procedural mistake made on the part of the police, an arrest followed by a plea bargain made with the government where the person pleads “guilty” in exchange for a lighter sentence, an arrest followed by a trial where the person is found “not guilty”, or an arrest followed by a trial and a guilty verdict and conviction.

A guilty verdict or a plea bargain results in a conviction and a criminal record is established. The establishment of a criminal record carries with it far-reaching consequences. A conviction can carry a wealth of hidden consequences that can come into play under a variety of circumstances. A criminal conviction can have major repercussions.

It can affect the individual on a more basic level when he attempts to seek employment. Federal law and most state agencies now requires background checks and allow disqualification based on conviction in a wide variety of employment areas including education, healthcare services, child and eldercare, financial institutions and transportation. A prior conviction will play an important role in the outcome of all future criminal charges.

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Athens GA DUI Lawyer – Athens Georgia Criminal Defense Attorney

Athens GA Sex Crime and Rape Lawyer

Georgia Criminal Defense Lawyer

Aggravated Assault includes assaults or attempts to kill or murder; poisoning; assault with a dangerous or deadly weapon; maiming; mayhem; assault with explosives; and assault with disease (as in cases when the offender is aware that he/she is infected with a deadly disease and deliberately attempts to inflict the disease by biting, spitting, etc.). All assaults by one person upon another with the intent to kill, maim, or inflict severe bodily injury with the use of any dangerous weapon are classified as Aggravated Assault. It is not necessary that injury result from an aggravated assault when a gun, knife, or other weapon that could cause serious personal injury is used.

Murder or felony murder, armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, or aggravated sexual battery are considered violent felony under Georgia laws. If convicted of a violent felony in Georgia you face a minimum sentence of 10 years in prison with no possibility of parole for all of the serious violent felonies except murder, which has higher minimums. If you not be eligible for the First Offender Program. You will not be eligible for parole for the first 14 years if you have been sentenced to life . If you are sentenced to less than life you must serve the entire sentence. If you are sentenced to death and that sentence is later changed to a life term, you will have to spend 25 years in prison before you can be considered for parole.
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Athens GA DUI Lawyer – Athens Georgia Criminal Defense Attorney