Madison County Georgia Juvenile justice criminal attorney

Defending Juvenile justice Madison County GA

A juvenile is a minor, and in most states is a person less than 18 years of age. When a juvenile violates a criminal law, the results are usually very different from those if an adult broke the same law. Mostly the Juvenile legal system is more lenient than the adult legal system, but sometimes it can be more onerous. A juvenile offender will find himself in Juvenile Court when he violates a criminal statute; that is, a state or federal statute that allows for violators to be punished by a sentence to jail or prison. If a juvenile commits a crime, he is charged by a probation officer or a prosecutor in a civil petition, claiming that he is subject to the Courts Jurisdiction for having violated the law. If the charges are proved in Juvenile Court, a judicial finding is made that the minor will be subject to the Courts broad control and jurisdiction. The Courts powers include sending the minor home, imposing formal or informal probation; placement with foster care; enrollment in a special school for juvenile offenders, or even commitment to the States Juvenile detention center, sometimes referred to as Juvenile Hall or the Juvenile Jail. This might go on until the minor comes of age, or even until the age of 21 or 25, depending the state laws. Certain states have laws allowing that minors 14 or older committing very grave crimes can even be transferred to adult court and prosecuted and punished like an adult. Hence it is a mistake to take the Juvenile Court process lightly.

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Athens GA DUI Lawyer – Athens Georgia Criminal Defense Attorney

Madison County GA Juvenile justice criminal defense attorneys

Facing Juvenile justice case Oconee County Georgia

According to the Judicial Branch of Georgia, original jurisdiction of juvenile courts includes delinquent children less than the age of 17 and deprived or unruly children below the age of 18. Although there are several crimes which are illegal no matter what age the offender is, there are few law violations which only apply to minors, like truancy violations and breaking curfew. Here are certain important Georgia rules which apply to juveniles:
Statutory Rape – You are above 16 years of age and you have sex with an individual less than the age of 16.
Truancy – It is a crime to run away and live on the streets, and if charged, you can be forced to stay in a detention center for juveniles.
Misdemeanor – You are found in a place in which you do not belong. You can be considered loitering.
A minor out after midnight on the weekend or 11pm on a weeknight may be charged for violation of curfew crime.

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Athens GA DUI Lawyer – Athens Georgia Criminal Defense Attorney

Madison County Georgia DWI defense lawyers

Defending drunk driving Madison County GA

During a DUI sobriety test, police are taught to look for established scoring factors that must be evaluated in deciding if or not intoxication exists. A finding of intoxication will only happen when sufficient scoring factors are identified. Upon the identification of only a single scoring factor, an evaluation would be needed of a high degree of probability of non-intoxication. When additional scoring factors are identified, probabilities of intoxication must be assigned to evaluate test results. If a law enforcement officer receives proper training about field sobriety tests, they will be told the proper standards and procedures according to the National Highway Traffic Safety Administration (NHTSA). The manual also states that the walk-and-turn and one-leg stand test should not be conducted when the suspect is above 50 pounds overweight or has physical impairments that could have an impact on his balance. The manual also provides that the walk-and-turn test needs a line that the suspect can see. This is rarely done. As a defendant in a criminal case, you have the legal right to challenge the conduct and result of blood alcohol tests. Issues that have an effect on the manner at which the test was conducted and even the technical competence of the officer administering the test may be challenged by you in a DUI lawsuit.

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Athens GA DUI Lawyer – Athens Georgia Criminal Defense Attorney

Oconee County GA Homicide defense attorneys – search without a warrant

Facing Homicide in Athens-Clarke County GA

Homicide is the crime of intentionally causing another persons death without legal excuse or justification. Murder is a crime that comes under the category of criminal homicide. State and federal laws about homicide are the most complicated of any criminal laws. The classifications of homicidal and murder crimes are complicated but are generally divided into a handful of categories depending on severity. There are a certain types of homicide, or murder, which are defined by law. First degree homicide is the premeditated, deliberate, or malicious act of willfully causing the death of another party.

Murder in the first degree commonly is referred to as cold-blooded murderbecause it is calculated and done willfully with the intention to kill or do grave harm.
Murder in the second degree refers to the crime of killing in the heat of passion which can involve cases where a person acts during a period of intense anger. This type of homicide is often considered voluntary manslaughter. This type of homicide can also occur if death results in the perpetration of another criminal act.

Murder 3 is often referred to as involuntary manslaughter. Involuntary manslaughter is homicide that was not intended specifically by the defendant. Criminal negligence is generally the precursor to involuntary manslaughter. Reckless use of a motor vehicle, firearms, explosives, animals, medicine, and the like that results in the death of someone is included under this category of murder. Certain states also consider it homicide to cause or aid anothers suicide, or to supply drugs which result in death.

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Athens GA DUI Lawyer – Athens Georgia Criminal Defense Attorney

Athens GA trespass criminal law lawyers – search and seizure

Handling trespass in Athens-Clarke County GA

An individual commits criminal trespass when he knowingly enters or remains unlawfully in a dwelling or premises, or if he knowingly enters or remains unlawfully in a building or upon real property which is fenced or enclosed in a manner designed to exclude intruders. An individual is guilty of criminal trespass if he does not have the owners effective consent to do so, enters or remains on property, or a portion thereof. Laws vary by state, so local laws must be considered to decide applicable requirements. It is a defense to the crime to show that an element of the crime, such as knowingly entering or remaining without authorization, is lacking. An attempted criminal trespass requires that a defendant act with the intent to commit criminal trespass, and his conduct should constitute a substantial step toward committing the aggravated criminal trespass. Burglary laws vary by state, but can generally be defined as when a person knowingly and unlawfully enters or remains unlawfully in a dwelling or building with intent to commit a crime therein. Degrees of burglary are determined by state laws. Laws vary by state, so local law must be consulted to determine the law applicable in your area.

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Athens GA DUI Lawyer – Athens Georgia Criminal Defense Attorney

Athens Georgia breaking and entering criminal defense lawyer – search and seizure

Defending Burglary in Madison County GA

During a burglary, entry is the act that follows the breaking. Literally, it occurs when there is physical intrusion into anothers property or building by any part of the intruders body. A momentary intrusion will suffice. If a thief kicks open a window to gain access to a house, the momentary insertion of the foot is an entry.

When an tool is used to obtain access to a property, the intrusion of the instrument will not be an entry except if it is used to accomplish the intended felony. If the instrument is used to steal something from inside the dwelling, there is an entry sufficient to constitute burglary.

An entry may be constructive. In other words, it is not always necessary that the thief enter the dwelling. If he or she directs another person legally incapable of committing the offense, such as a child, to enter, then the entry is attributed to the thief.

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Athens GA DUI Lawyer – Athens Georgia Criminal Defense Attorney

Madison County Georgia Larceny defense lawyer – warrantless searches

Dealing with theft in Oconee County Georgia

Theft certainly involves the owner of the property as well. If the property is taken against the owners will then stealing has occurred. The theft and the trial should happen in the same county. If the perpetrator of larceny is held in another county they still can be tried in the new county. This type of stealing is a new case that begins at the time of entering a new county and involves a type of trespassing with criminal intent.

Cases of theft usually have to prove intent as well. Intent refers to the pre-formed planning of the taking of property. The primary focus of the intent of the person committing larceny is to deprive the other person of their property forever. This intent must be present irrespective of whether the person committing the theft benefitted from the taking of the property or not.

Types of larceny include grand larceny, petit larceny, and larceny by deception. Grand larceny refers to the stealing of property that is over a certain price range. Petit larceny is theft of property less than a certain monetary value. Larceny by deception occurs if the injured party is duped into giving up possession of the property.

Cases of stealing are often complex and may involve several different interpretations of the laws of the case.

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Athens GA DUI Lawyer – Athens Georgia Criminal Defense Attorney

Athens GA theft defense lawyer – search and seizure

Defending larceny in Athens Georgia

There are two necessary parts of larceny: trespassing and asportation. Larceny is usually the taking of a property with the express desire to not return it back to its owner. Anyone who commits larceny does so wrongly and fraudulently. An individual committing larceny usually intends to keep the stolen property or to make some profit from it.

When someone commits trespass they are committing some unlawful interference with another persons self, property, or rights. Anyone committing stealing commits trespass. Trespass and stealing laws limit the actual crime to a violation against the rights of possession. Laws regarding larceny are against criminals who take possession of some property that they knew belonged to another person. If an individual takes something that they did not reasonably know belonged to someone else then they are not committing larceny.

Asportation is the transport of the property to another location, away from its original owner and without the owners consent. If the property involved is not removed then no theft has occurred. Theft does not involve real estate property, nor does it involve taking services without paying for them.

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Athens GA DUI Lawyer – Athens Georgia Criminal Defense Attorney

Athens GA Shoplifting defense lawyers – law on search and seizure

Dealing with Shoplifting allegations in Madison County GA

As per most state shoplifting laws, a business owner or employee may detain a suspect if there is probable cause . Probable cause under shoplifting laws means having direct knowledge of an offenders approach, selection, concealment, movement, and/or modification of an item, and his/her failure to pay prior to attempting to leave the premises. When someone is caught shoplifting, he/she will be required to return the items, will be stopped from returning to the shop for a period of time, and may be prosecuted under shoplifting laws.

Shoplifting is treated a misdemeanor petty theft when the value of the stolen goods is less than $300 to $500. In some cases, first time offenders can be charged with a less serious crime such as disorderly conduct so as not to face the consequences imposed by shoplifting laws.

When a perpetrator has a background of shoplifting or the value of the stolen goods is more than $500, shoplifting laws generally result in more serious consequences and a defendant could be charged with grand theft or larceny, both of which are felony crimes. Under shoplifting laws, a person convicted of shoplifting can receive a sentence that includes jail time, punitive fines, community service, and/or other penalties.

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Athens GA DUI Lawyer – Athens Georgia Criminal Defense Attorney

Athens-Clarke County Georgia breaking and entering criminal defense lawyer – warrantless searches

Handling burglary in Oconee County Georgia

Burglaries of hotels, motels, lodging houses, or other places where lodging of transients is the main purpose will present reporting problems to the police. If numerous units under a single manager are burglarized and the violations are most likely to be reported to the police by the manager instead of the individual tenants, the burglary must be considered as a single crime. Instances are burglaries of numerous rental hotel rooms, rooms in flop houses, rooms in youth hostels, and units in a motel. When the individual living areas in a building are rented to the occupants for a period of time that would preclude the tenancy from being treated as transient, then the burglaries should most likely be reported separately by the occupants. Such burglaries should be reported as individual violations. Cases of this latter kind of multiple burglary would be the burglaries of numerous apartments in an apartment house, of the offices of a number of commercial firms in a business building, of the offices of separate professionals within one building, or of a number of rooms in a college dormitory.

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Athens GA DUI Lawyer – Athens Georgia Criminal Defense Attorney