Harris County, Georgia Criminal Defense law firm
General "civil infractions" include "moving violations", for example "speeding" and "failure to yield." Many times 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 Harris County, Georgia will be considered criminal offenses, and will result in a criminal record. Some 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 reflect 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 appear in court if you pay a fine by mail.
A defendant facing misdemeanor charges in Harris County, Georgia has lesser legal rights unlike a defendant facing a felony charge. When the defendant will 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 certain states, misdemeanor charges are tried before six person juries, but felonies are generally tried before twelve man juries. Many other rights are 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
Harris County, Georgia Criminal law firm
Harris County, Georgia Criminal law firm
A "civil infraction" is not a crime, but it is a charge filed by the state. The state should establish that you committed a civil infraction by a "preponderance of the evidence," which is to say, that it is more likely than not that you committed the violation. This is a much lower standard unlike the "proof beyond a reasonable doubt" standard which is applicable in civil cases. A typical civil infraction will be decided by a judge, without a jury, in what is usually a short proceeding.
Some states have a class of "petty offenses," in which the defendant will be tried without a jury before a judge. Usually, the only penalty for a "petty offense" is a fine. But, these offenses may be of a criminal nature.
A "misdemeanor" is a criminal offense, and conviction generally ends in a criminal record. Misdemeanors are technically less serious offenses, although the consequences of conviction can nonetheless be quite severe. Likely punishments for misdemeanors include imprisonment, probation, fines, and at times driver's license sanctions. Certain misdemeanors are considered as "sex crimes" and mandate that a convicted person register as a "sex offender", and inform the police informed of his place of residence -- a requirement that may continue for life.
Felonies are the most serious crimes that can be charged. Sometimes, the difference between "felonies" and "misdemeanors" seems arbitrary. However, every serious criminal offense including murder, sexual assault, embezzlement, burglary, robbery, arson, and treason are felonies.
If you have been charged with a crime in Harris County, Georgia , contact a criminal lawyer.
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Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney.
www.columbus-dui-defense.com
A "civil infraction" is not a crime, but it is a charge filed by the state. The state should establish that you committed a civil infraction by a "preponderance of the evidence," which is to say, that it is more likely than not that you committed the violation. This is a much lower standard unlike the "proof beyond a reasonable doubt" standard which is applicable in civil cases. A typical civil infraction will be decided by a judge, without a jury, in what is usually a short proceeding.
Some states have a class of "petty offenses," in which the defendant will be tried without a jury before a judge. Usually, the only penalty for a "petty offense" is a fine. But, these offenses may be of a criminal nature.
A "misdemeanor" is a criminal offense, and conviction generally ends in a criminal record. Misdemeanors are technically less serious offenses, although the consequences of conviction can nonetheless be quite severe. Likely punishments for misdemeanors include imprisonment, probation, fines, and at times driver's license sanctions. Certain misdemeanors are considered as "sex crimes" and mandate that a convicted person register as a "sex offender", and inform the police informed of his place of residence -- a requirement that may continue for life.
Felonies are the most serious crimes that can be charged. Sometimes, the difference between "felonies" and "misdemeanors" seems arbitrary. However, every serious criminal offense including murder, sexual assault, embezzlement, burglary, robbery, arson, and treason are felonies.
If you have been charged with a crime in Harris County, Georgia , contact a criminal lawyer.
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Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney.
www.columbus-dui-defense.com
Harris County, Georgia DUI law firm
Harris County, Georgia DUI law firm
Drunk driving occurs if a person is driving an automobile, after consuming alcoholic beverages to such an extent that his ability to drive the motor vehicle is impaired. Most people charged with drunk driving claim that their driving was fine. They believe either the officer created an excuse to pull them over, or that the "mistake" that the officer observed did not concern their driving.
Every state has a maximum permissible blood alcohol content (BAC) for drivers, and you will be considered legally "drunk" even if you do not feel that you are in any way affected by the alcohol you drank. The legal limit for blood alcohol in Harris County, Georgia, is normally 0.08%, however DUI charges are also possible depending on your driving conduct even at a lesser BAC.
Additionally, you may be stopped because there is a mechanical fault with your motor vehicle. When the officer observes you to appear drunk (general indicators: slurred speech, glassy or bloodshot eyes, poor balance, conspicuous odor of alcohol, lack of coordination, difficulty comprehending instructions, clumsiness or lack of coordination, combativeness, and disorientation), he can investigate more.
The punishments vary significantly from state to state. A DUI charge in Harris County, Georgia may result in a jail term. However, many first offenders are awarded lesser penalties, for example driver's license suspensions, fines, compulsory attendance of drunk driver's education classes, compulsory attendance of alcohol counseling, community service, or probation.
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Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney.
www.columbus-dui-defense.com
Drunk driving occurs if a person is driving an automobile, after consuming alcoholic beverages to such an extent that his ability to drive the motor vehicle is impaired. Most people charged with drunk driving claim that their driving was fine. They believe either the officer created an excuse to pull them over, or that the "mistake" that the officer observed did not concern their driving.
Every state has a maximum permissible blood alcohol content (BAC) for drivers, and you will be considered legally "drunk" even if you do not feel that you are in any way affected by the alcohol you drank. The legal limit for blood alcohol in Harris County, Georgia, is normally 0.08%, however DUI charges are also possible depending on your driving conduct even at a lesser BAC.
Additionally, you may be stopped because there is a mechanical fault with your motor vehicle. When the officer observes you to appear drunk (general indicators: slurred speech, glassy or bloodshot eyes, poor balance, conspicuous odor of alcohol, lack of coordination, difficulty comprehending instructions, clumsiness or lack of coordination, combativeness, and disorientation), he can investigate more.
The punishments vary significantly from state to state. A DUI charge in Harris County, Georgia may result in a jail term. However, many first offenders are awarded lesser penalties, for example driver's license suspensions, fines, compulsory attendance of drunk driver's education classes, compulsory attendance of alcohol counseling, community service, or probation.
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Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney.
www.columbus-dui-defense.com
Harris County, Georgia Marijuana laws
Harris County, Georgia Marijuana laws
GA, together with the other 49 states, has taken a tough stance in the war on drugs. GA’s marijuana rules are harsh. The legal effects are probably far more severe than you’ve ever imagined. If you’ve charged with a marijuana related crime, it is essential that you choose an attorney experienced in defending marijuana charges. Selling, buying, using and growing marijuana are all illegal in Harris County, Georgia . If you are convicted of a marijuana charge, you will be sentenced to prison term and a large fine. The severity of the sentence varies based on numerous factors. Quantity is one factor that is considered when deciding the penalty.
A marijuana possession Harris County, Georgia with intent to distribute charge attracts some especially severe punishments. This felony crime includes prison term and even fines starting in the thousands. If you possess a huge quantity of drugs, you could be slapped with this offense even if you have no intention of distributing the drug. In these instances, intent depends on the quantity of the drug in your possession.
Selling marijuana or growing marijuana Harris County, Georgia also results ina harsher punishment. The location of where you are accused of marijuana selling is a vital element. A conviction for sale of drugs near a school will result in more serious punishment. If you have had one or more previous marijuana convictions, you will spend more time in prison or pay even greater fines.
If you have been charged with a marijuana crime in Harris County, Georgia contact a marijuana defense law firm immediately.
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Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney.
www.columbus-dui-defense.com
GA, together with the other 49 states, has taken a tough stance in the war on drugs. GA’s marijuana rules are harsh. The legal effects are probably far more severe than you’ve ever imagined. If you’ve charged with a marijuana related crime, it is essential that you choose an attorney experienced in defending marijuana charges. Selling, buying, using and growing marijuana are all illegal in Harris County, Georgia . If you are convicted of a marijuana charge, you will be sentenced to prison term and a large fine. The severity of the sentence varies based on numerous factors. Quantity is one factor that is considered when deciding the penalty.
A marijuana possession Harris County, Georgia with intent to distribute charge attracts some especially severe punishments. This felony crime includes prison term and even fines starting in the thousands. If you possess a huge quantity of drugs, you could be slapped with this offense even if you have no intention of distributing the drug. In these instances, intent depends on the quantity of the drug in your possession.
Selling marijuana or growing marijuana Harris County, Georgia also results ina harsher punishment. The location of where you are accused of marijuana selling is a vital element. A conviction for sale of drugs near a school will result in more serious punishment. If you have had one or more previous marijuana convictions, you will spend more time in prison or pay even greater fines.
If you have been charged with a marijuana crime in Harris County, Georgia contact a marijuana defense law firm immediately.
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Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney.
www.columbus-dui-defense.com
Harris County, Georgia Marijuana law firm
Harris County, Georgia Marijuana law firm
Marijuana laws are different in each state. It is important to be aware of the subtle differences. Buying, selling, using or growing marijuana is illegal in every part of the United States. Penalties vary from place to place, however normally consist of prison term, a fine or both. In some states, you can be arrested for simply being in a place where you know drug activity is taking place. The severity of the penalty differs based on different factors:
• Quantity - Penalties vary depending on the amount 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 cultivating cannabis.
• Location - A person arrested for selling marijuana near a school will usually face harsher penalties.
When you're found with marijuana, you will charged a large fine and/or be sent to prison. If you are caught more than once, or when appears like you're likely to sell the drug, the punishment is more severe.
Harris County, Georgia has strict marijuana laws. If you have been charged with a marijuana crime, contact a marijuana defense lawyer immediately.
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Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney.
www.columbus-dui-defense.com
Marijuana laws are different in each state. It is important to be aware of the subtle differences. Buying, selling, using or growing marijuana is illegal in every part of the United States. Penalties vary from place to place, however normally consist of prison term, a fine or both. In some states, you can be arrested for simply being in a place where you know drug activity is taking place. The severity of the penalty differs based on different factors:
• Quantity - Penalties vary depending on the amount 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 cultivating cannabis.
• Location - A person arrested for selling marijuana near a school will usually face harsher penalties.
When you're found with marijuana, you will charged a large fine and/or be sent to prison. If you are caught more than once, or when appears like you're likely to sell the drug, the punishment is more severe.
Harris County, Georgia has strict marijuana laws. If you have been charged with a marijuana crime, contact a marijuana defense lawyer 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 Chattahoochee County, Georgia , contact a criminal law firm
The petition for habeas corpus generally includes the following
• The identity of the prisoner;
• 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 can be suspended in cases of national emergency.
When the court has been served with a petition for habeas corpus, based upon the nature of the petition, it can grant a writ, deny 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 demanding that the prisoner be produced before court as ordered.
Once the 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 a writ of habeas corpus is not to determine whether a prisoner is innocent or not, but is rather to determine whether the legal grounds claimed for the detention is lawful. When the detention is illegal, the prisoner must be released. Whether or not imprisonment is legal, if a charge against a prisoner is valid the prisoner can be subjected to trial on that charge. For example, the prisoner can file the petition for habeas corpus alleging detention on the grounds of an illegally high bail amount, however even if the reviewing court finds that bail amount is excessive and grants relief the prisoner would still have to stand trial on the underlying charge.
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Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney.
www.columbus-dui-defense.com
If someone you know has been imprisoned in Chattahoochee County, Georgia , contact a criminal law firm
The petition for habeas corpus generally includes the following
• The identity of the prisoner;
• 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 can be suspended in cases of national emergency.
When the court has been served with a petition for habeas corpus, based upon the nature of the petition, it can grant a writ, deny 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 demanding that the prisoner be produced before court as ordered.
Once the 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 a writ of habeas corpus is not to determine whether a prisoner is innocent or not, but is rather to determine whether the legal grounds claimed for the detention is lawful. When the detention is illegal, the prisoner must be released. Whether or not imprisonment is legal, if a charge against a prisoner is valid the prisoner can be subjected to trial on that charge. For example, the prisoner can file the petition for habeas corpus alleging detention on the grounds of an illegally high bail amount, however even if the reviewing court finds that bail amount is excessive and grants relief the prisoner would still have to stand 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 seeks that the court issue a writ, mandating that the prisoner be produced in the court at a fixed place, date and time.
In the beginning, a petition for habeas corpus used to be filed to request that the custodian of a prisoner be directed to produce the prisoner to the county court to testify in a legal proceeding. This function of the petition for habeas corpus still exists, where a prisoner is in the custody of another county or penal system, and the prisoner's attendance is required for a lawsuit. Typically, the prisoner must be taken to the local court by the local Sheriff's department, which will be responsible for protecting the prisoner during court proceedings and moving the prisoner to the other jurisdiction at the end of the proceedings. However, when many individuals think of a writ of habeas corpus, they have something more significant in mind - a petition demanding that the custodian of a prisoner explain in court the lawful basis upon which the prisoner has been detained. This category of writ is generally considered to be an "extraordinary remedy", indicating that the prisoner has used up all other avenues of relief or appeal, and no other adequate remedy remains. The writ of habeas corpus can ask for relief on grounds not available on direct appeal.
If someone you know has been imprisoned in Chattahoochee County, Georgia , contact a criminal law firm.
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Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney.
www.columbus-dui-defense.com
A petition for habeas corpus seeks that the court issue a writ, mandating that the prisoner be produced in the court at a fixed place, date and time.
In the beginning, a petition for habeas corpus used to be filed to request that the custodian of a prisoner be directed to produce the prisoner to the county court to testify in a legal proceeding. This function of the petition for habeas corpus still exists, where a prisoner is in the custody of another county or penal system, and the prisoner's attendance is required for a lawsuit. Typically, the prisoner must be taken to the local court by the local Sheriff's department, which will be responsible for protecting the prisoner during court proceedings and moving the prisoner to the other jurisdiction at the end of the proceedings. However, when many individuals think of a writ of habeas corpus, they have something more significant in mind - a petition demanding that the custodian of a prisoner explain in court the lawful basis upon which the prisoner has been detained. This category of writ is generally considered to be an "extraordinary remedy", indicating that the prisoner has used up all other avenues of relief or appeal, and no other adequate remedy remains. The writ of habeas corpus can ask for relief on grounds not available on direct appeal.
If someone you know has been imprisoned in Chattahoochee County, Georgia , contact a criminal law firm.
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Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney.
www.columbus-dui-defense.com