Chattahoochee County, Georgia Marijuana law firm

Chattahoochee County, Georgia Marijuana law firm

Marijuana regulations are different in each state. It is important to be aware of the subtle differences. Buying, selling, using or growing marijuana is illegal all over of the United States. Penalties vary from state to state, but usually consist of jail sentence, a fine or both. In certain states, you may be arrested for just being in a place where you know drug activity is taking place. The severity of the penalty varies based on different factors:
• Quantity - Penalties vary depending on the quantity of marijuana found in the person's possession.
• Selling - Penalties are more severe for persons intending to sell.
• Growing - Penalties are more severe for those growing cannabis.
• Location - A person arrested for selling marijuana near a school will usually face harsher penalties.

If you're caught with marijuana, you can receive a heavy fine and/or be sent to jail. When you are caught more than once, or if looks as if you're going to sell the drug, the punishment is tougher.

Chattahoochee County, Georgia has strict marijuana laws. If you have been charged with a marijuana crime, contact a marijuana defense attorney immediately.

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Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney.

www.columbus-dui-defense.com

The Writ of Habeas Corpus

The Writ of Habeas Corpus

If someone you know has been imprisoned in Columbus, Georgia , contact a criminal law firm
A petition for habeas corpus generally includes the following
• The prisoner’s identity;
• The prisoner’s custodian’s identity;
• The time, date and place of the requested court hearing; and
• The issues to be addressed at that time by the court
Under law, prisoners have the right to file petitions for habeas corpus, challenging the legality of their detention but this right may be suspended in times of national emergency.

Once a court has been served with a petition for habeas corpus, depending upon the kind of the petition, it can grant a writ, reject the petition, or fix a hearing on the petition. Once the writ is granted, the writ may be served upon the custodian of the prisoner ordering that the prisoner be produced in court as directed.

Once a writ of habeas corpus is issued, the prisoner will be produced in court at the fixed date and time. The aim of a hearing on the writ of habeas corpus is not to determine whether the prisoner is innocent or not, but is rather to decide if the legal grounds asserted for the imprisonment is legal. If the detention is illegal, the prisoner must be released. Whether or not detention is lawful, if a charge against the prisoner is valid the prisoner may be subjected to trial on that charge. For example, a prisoner can file a petition for habeas corpus alleging detention on the basis of an unlawfully excessive bail amount, however even if the reviewing court finds that bail amount is high and provides relief the prisoner would still have to undergo trial on the underlying charge.

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Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney.

www.columbus-dui-defense.com

The Habeas Petition

The Habeas Petition

A petition for habeas corpus requests that a court issue a writ, requiring that the prisoner be produced before the court at a particular place, date and time.
Initially, the petition for habeas corpus was filed to request that the custodian of a prisoner be ordered to produce the prisoner to the county court to testify in a lawsuit. This use of a petition for habeas corpus exists even today, if a prisoner is in the custody of another county or criminal justice system, and the prisoner's attendance is important for a lawsuit. Typically, a prisoner must be taken to the local jurisdiction by the local Sheriff's department, which will be responsible for protecting the prisoner during court proceedings and moving the prisoner to the other court at the conclusion of the proceedings. However, when many individuals think of a writ of habeas corpus, they think of something more substantial - a petition demanding that the custodian of the prisoner explain in court the legal basis upon which the prisoner is detained. This category of writ is usually considered to be an "extraordinary remedy", meaning that the prisoner has exhausted all other avenues of relief or appeal, and no other adequate remedy remains. The writ of habeas corpus may seek relief on grounds not available on direct appeal.

If someone you know has been imprisoned in Columbus, Georgia , contact a criminal lawyer.

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Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney.

www.columbus-dui-defense.com

Defendant’s rights when facing forfeiture in Columbus, Georgia

Defendant’s rights when facing forfeiture in Columbus, Georgia

Defendant’s rights, and the procedure involved in criminal forfeiture, will differ significantly from state to state, and even depending upon the statute you are accused of violating. If you are facing criminal forfeiture of your property, you may be informed in advance of your prosecution. At times, criminal forfeiture proceedings will be initiated at the time of, or subsequent to conviction.

The procedure in which forfeiture will be dealt with, and whether the proceedings are "criminal" or "civil" in nature, will differ hugely from state to state. It is generally advisable to seek assistance from a lawyer, if you are facing any type of forfeiture proceeding.

Civil forfeiture is similar in numerous ways to criminal forfeiture. However, while criminal forfeiture imposes an extra penalty on the property’s owner for his wrongful conduct, a civil forfeiture action is brought against the property itself. For criminal forfeiture to result, the property’s owner should be convicted of a crime, however civil forfeiture can take place even if the owner is acquitted. In some cases, the property owner may not even be charged with an offense. Civil forfeiture actions must demonstrate "beyond a reasonable doubt" that the property has a enough connection to a criminal activity to mandate its forfeiture under the law. Criminal cases must be tried under the much higher standard of, "Guilty beyond a reasonable doubt."

If you are facing forfeiture in Columbus, Georgia , contact a law firm immediately.

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Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney.

www.columbus-dui-defense.com

Criminal forfeiture in Columbus, Georgia

Criminal forfeiture in Columbus, Georgia

Criminal forfeiture in Columbus, Georgia refers to the seizure the property by the state, because of its relationship to a crime. Forfeiture rules differ from state to state, and may be broader or narrower depending upon the criminal offense committed and the laws of the jurisdiction. However, generally, criminal forfeiture may be sought if your properties are used in the commission of a criminal activity, or has been obtained through a criminal offense.

Criminal forfeiture occurs if, after the owner is convicted of a criminal offense, and where forfeiture is allowed under the rules of your jurisdiction, it is established that the property has a sufficient connection to the criminal activity to justify depriving you of the property rights. For example, the jurisdiction can have a rule that provides the court the right to forfeit your vehicle, when you are convicted of DUI. The prosecutor's office might seek forfeiture of your properties even your business or home if you are convicted of certain offenses, including drug trafficking or racketeering.

If you are facing a charge that involves possible criminal forfeiture, you can include the issue of forfeiture in the plea negotiations that might take place with the prosecution.

If you are facing forfeiture in Columbus, Georgia , contact a law firm immediately.

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Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney.

www.columbus-dui-defense.com

Columbus, Georgia White Collar Crimes

Columbus, Georgia White Collar Crimes

"White Collar Crimes" refers to type of criminal activities that typically happen in businesses or corporations, such as "insider trading," "antitrust violations," "computer fraud," "securities fraud," and "money laundering." White collar crimes are non-violent in nature, and generally include some form of fraud or dishonesty. These offenses are committed through apparently legal businesses. Sometimes the management of the business are involved in the crime, whereas on other occasions the crime is committed by a person of a business, without the knowledge of others.

A corporation in Columbus, Georgia that does not respond appropriately to a crime, or allegations of an offense, may appear to be involved in that criminal activity. More so if the business is subject to state or federal regulation, it is essential to have the appropriate compliance, reporting and investigatory mechanisms, to deal with any rumors or reports of illegalities by staff. If the business does not intend to be made responsible for illegal conduct, or desires to diminish its responsibility, the perfect method of doing so is often to cooperate with the investigation of the wrongful conduct.

There may also be cases when a corporation appears to be so deeply involved in the offense that a criminal charge is initiated against the corporation itself. This generally happens if it appears that the management of the business were so involved in, or so indifferent to, the criminal activity that the entire corporation appears to have actively permitted the criminal offense.

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Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney.

www.columbus-dui-defense.com

Columbus, Georgia Criminal Defense lawyer

Columbus, Georgia Criminal Defense lawyer

General "civil infractions" include "moving violations", like "speeding" and "failure to yield." Sometimes people are confused, when they are charged with a traffic misdemeanor, such as having invalid license plates or driving an uninsured automobile, and think that they are being charged with "civil infractions." Traffic misdemeanors in Columbus, Georgia are criminal offenses, and will result in a criminal record. Most traffic misdemeanors also carry "points" that will be added to the defendant's driving record, and some mandate the revocation of a driver's license. If you have been ticketed for a "misdemeanor," the ticket will likely show the nature of the charge, and you will be required to appear in court. When the charge is a "civil infraction," you typically will not have to go to court when you pay a fine by mail.

A defendant charged with a misdemeanor in Columbus, Georgia has fewer legal rights compared to a defendant facing a felony charge. When the defendant does not face imprisonment as a result of conviction, he has no right to a lawyer. There will be no right to indictment by grand jury, or to a "preliminary examination" to review the basis of the charges filed. In few states, misdemeanor charges are tried before six man juries, however felonies are usually tried before twelve person juries. Many other rights will be the same, for both felonies and misdemeanors.

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Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney.

www.columbus-dui-defense.com