The Habeas Petition
The petition for habeas corpus seeks that the judge issue a writ, mandating that the prisoner be produced in the court on a particular place, date and time.
In its original use, a petition for habeas corpus used to be filed to seek that the custodian of the prisoner be ordered to bring the prisoner to a county court to testify in a lawsuit. This use of a petition for habeas corpus exists even today, when a prisoner is in the custody of another county or criminal justice system, and the prisoner's presence is important for a legal proceeding. Generally, the prisoner must be brought to the local jurisdiction by the local Sheriff's department, which will be responsible for watching the prisoner at the time of court proceedings and moving the prisoner to the other jurisdiction at the conclusion of the proceedings. But, 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 lawful grounds upon which the prisoner has been detained. This category of writ is generally considered to be an "extraordinary remedy", meaning that the prisoner has used up all other avenues of relief or appeal, and no other adequate avenue remains. A writ of habeas corpus may seek relief on grounds not available in direct appeal.
If someone you know has been imprisoned in Muscogee County, GA , contact a criminal law firm.
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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 Muscogee County, GA
Defendant’s rights when facing forfeiture in Muscogee County, GA
Your rights, and the procedure involved in criminal forfeiture, will vary largely from state to state, and even depending upon the statute you are accused of violating. When you are facing criminal forfeiture of your property, you might be informed in advance of your prosecution. At times, criminal forfeiture process will be started at the time of, or after conviction.
The manner in which forfeiture will be dealt with, and if the proceedings are "criminal" or "civil" in nature, will vary hugely from state to state. It is usually advisable to take advise from an attorney, if you are facing any type of forfeiture action.
Civil forfeiture is very much like criminal forfeiture in many ways. But, while criminal forfeiture means to impose an extra penalty upon the owner of property for the wrongful conduct, a civil forfeiture action is initiated against the property itself. For criminal forfeiture to be initiated, the property’s owner ought to be convicted of a crime, while civil forfeiture can happen even if the owner is acquitted. In few cases, the property owner might not even be charged with a criminal activity. Civil forfeiture proceedings must prove "beyond a reasonable doubt" that the property has a enough relationship to an offense to mandate its forfeiture under the law. Criminal cases are tried under the much higher standard of, "Guilty beyond a reasonable doubt."
If you are facing forfeiture in Muscogee County, GA , contact an attorney immediately.
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Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney.
www.columbus-dui-defense.com
Your rights, and the procedure involved in criminal forfeiture, will vary largely from state to state, and even depending upon the statute you are accused of violating. When you are facing criminal forfeiture of your property, you might be informed in advance of your prosecution. At times, criminal forfeiture process will be started at the time of, or after conviction.
The manner in which forfeiture will be dealt with, and if the proceedings are "criminal" or "civil" in nature, will vary hugely from state to state. It is usually advisable to take advise from an attorney, if you are facing any type of forfeiture action.
Civil forfeiture is very much like criminal forfeiture in many ways. But, while criminal forfeiture means to impose an extra penalty upon the owner of property for the wrongful conduct, a civil forfeiture action is initiated against the property itself. For criminal forfeiture to be initiated, the property’s owner ought to be convicted of a crime, while civil forfeiture can happen even if the owner is acquitted. In few cases, the property owner might not even be charged with a criminal activity. Civil forfeiture proceedings must prove "beyond a reasonable doubt" that the property has a enough relationship to an offense to mandate its forfeiture under the law. Criminal cases are tried under the much higher standard of, "Guilty beyond a reasonable doubt."
If you are facing forfeiture in Muscogee County, GA , contact an attorney immediately.
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Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney.
www.columbus-dui-defense.com
Criminal forfeiture in Muscogee County, GA
Criminal forfeiture in Muscogee County, GA
Criminal forfeiture in Muscogee County, GA refers to the taking of the property by the state, due to its relationship to a criminal offense. Forfeiture rules differ from state to state, and might be broader or narrower depending upon the offense committed and the laws of the jurisdiction. But, generally, criminal forfeiture will be requested if your property is used in the commission of an offense, or has been obtained through a crime.
Criminal forfeiture happens if, after the owner is convicted of a criminal offense, and where forfeiture is possible under the laws of the jurisdiction, it is established that the property has a sufficient connection to the criminal offense to mandate depriving the owner of the property rights. For example, the jurisdiction may have a rule which provides the judge the right to forfeit your car, when you are convicted of drunk driving. The prosecutor's office can request forfeiture of the properties including your business or home if you are convicted of certain offenses, like drug trafficking or racketeering.
When you are facing a charge involving possible criminal forfeiture, you may include the issue of forfeiture in any plea negotiations that might take place with the prosecution.
If you are facing forfeiture in Muscogee County, GA , contact a lawyer immediately.
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Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney.
www.columbus-dui-defense.com
Criminal forfeiture in Muscogee County, GA refers to the taking of the property by the state, due to its relationship to a criminal offense. Forfeiture rules differ from state to state, and might be broader or narrower depending upon the offense committed and the laws of the jurisdiction. But, generally, criminal forfeiture will be requested if your property is used in the commission of an offense, or has been obtained through a crime.
Criminal forfeiture happens if, after the owner is convicted of a criminal offense, and where forfeiture is possible under the laws of the jurisdiction, it is established that the property has a sufficient connection to the criminal offense to mandate depriving the owner of the property rights. For example, the jurisdiction may have a rule which provides the judge the right to forfeit your car, when you are convicted of drunk driving. The prosecutor's office can request forfeiture of the properties including your business or home if you are convicted of certain offenses, like drug trafficking or racketeering.
When you are facing a charge involving possible criminal forfeiture, you may include the issue of forfeiture in any plea negotiations that might take place with the prosecution.
If you are facing forfeiture in Muscogee County, GA , contact a lawyer immediately.
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Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney.
www.columbus-dui-defense.com
Muscogee County, GA White Collar Crimes
Muscogee County, GA White Collar Crimes
"White Collar Crimes" refers to kind of criminal offenses which typically take place in businesses or corporations, including "insider trading," "antitrust violations," "computer fraud," "securities fraud," and "money laundering." White collar crimes are non-violent in nature, and usually consist of some form of fraud or dishonesty. These offenses are committed through apparently legal businesses. Sometimes the principals of the corporation are involved in the criminal offense, while on many occasions the offense is committed by an individual of the corporation, without the knowledge of others.
A corporation in Muscogee County, GA which does not respond correctly to an offense, or allegations of an offense, will appear to be involved in that criminal activity. More so if the business is governed by state or federal rules, it is important to have the correct compliance, reporting and investigatory mechanisms, to deal with any rumors or reports of illegalities by employees. When the business does not intend to be held responsible for illegal activities, or desires to reduce its liability, the ideal means of doing so is typically to cooperate with the investigation of the wrongful conduct.
There will also be cases when a business appears to be so deeply associated with the crime that a criminal charge is initiated against the corporation itself. This generally happens if it appears that the managers and directors of the corporation were so involved in, or so indifferent to, the crime that the entire corporation appears to have tacitly permitted the crime.
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Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney.
www.columbus-dui-defense.com
"White Collar Crimes" refers to kind of criminal offenses which typically take place in businesses or corporations, including "insider trading," "antitrust violations," "computer fraud," "securities fraud," and "money laundering." White collar crimes are non-violent in nature, and usually consist of some form of fraud or dishonesty. These offenses are committed through apparently legal businesses. Sometimes the principals of the corporation are involved in the criminal offense, while on many occasions the offense is committed by an individual of the corporation, without the knowledge of others.
A corporation in Muscogee County, GA which does not respond correctly to an offense, or allegations of an offense, will appear to be involved in that criminal activity. More so if the business is governed by state or federal rules, it is important to have the correct compliance, reporting and investigatory mechanisms, to deal with any rumors or reports of illegalities by employees. When the business does not intend to be held responsible for illegal activities, or desires to reduce its liability, the ideal means of doing so is typically to cooperate with the investigation of the wrongful conduct.
There will also be cases when a business appears to be so deeply associated with the crime that a criminal charge is initiated against the corporation itself. This generally happens if it appears that the managers and directors of the corporation were so involved in, or so indifferent to, the crime that the entire corporation appears to have tacitly permitted the crime.
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Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney.
www.columbus-dui-defense.com
Muscogee County, GA Criminal Defense lawyer
Muscogee County, GA Criminal Defense lawyer
General "civil infractions" include "moving violations", such as "speeding" and "failure to yield." Many times people get confused, when they are charged with a traffic misdemeanor, like having invalid license plates or driving an uninsured automobile, and think that they are being charged with "civil infractions." Traffic misdemeanors in Muscogee County, GA are criminal offenses, and will establish a criminal record. Most traffic misdemeanors also carry "points" that will be added to the defendant's driving record, and some require the suspension of a driver's license. If you are booked for a "misdemeanor," the ticket will typically show the nature of the charge, and you should to appear in court. If the charge is a "civil infraction," you usually need not go to court if you pay a fine by mail.
A defendant charged with a misdemeanor in Muscogee County, GA has lesser legal rights compared to a defendant facing a felony charge. When the defendant does not face imprisonment as a consequence of conviction, he has no right to an attorney. There is 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, whereas felonies are typically tried before twelve man juries. Most other rights remain 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
General "civil infractions" include "moving violations", such as "speeding" and "failure to yield." Many times people get confused, when they are charged with a traffic misdemeanor, like having invalid license plates or driving an uninsured automobile, and think that they are being charged with "civil infractions." Traffic misdemeanors in Muscogee County, GA are criminal offenses, and will establish a criminal record. Most traffic misdemeanors also carry "points" that will be added to the defendant's driving record, and some require the suspension of a driver's license. If you are booked for a "misdemeanor," the ticket will typically show the nature of the charge, and you should to appear in court. If the charge is a "civil infraction," you usually need not go to court if you pay a fine by mail.
A defendant charged with a misdemeanor in Muscogee County, GA has lesser legal rights compared to a defendant facing a felony charge. When the defendant does not face imprisonment as a consequence of conviction, he has no right to an attorney. There is 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, whereas felonies are typically tried before twelve man juries. Most other rights remain 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
Muscogee County, GA Criminal attorney
Muscogee County, GA Criminal attorney
A "civil infraction" is not a crime, however it is a charge filed by the state. The state must establish that you are guilty of 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 compared to the "proof beyond a reasonable doubt" standard that applies in civil cases. A typical civil infraction will be determined by a magistrate, without a jury, in what is often a short proceeding.
Certain states have a class of "petty offenses," where the defendant may be tried without a jury before a judge. Generally, the only penalty for a "petty offense" is a fine. However, these offenses may be of a criminal nature.
A "misdemeanor" is a criminal offense, and conviction often creates a criminal record. Misdemeanors are technically less serious offenses, however the impact of conviction can nevertheless be quite severe. Possible penalties for misdemeanors are imprisonment, probation, fines, and some times driver's license sanctions. Certain misdemeanors are treated as "sex crimes" and mandate that a convicted person register as a "sex offender", and notify 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. But, every serious criminal offense like murder, sexual assault, embezzlement, burglary, robbery, arson, and treason are felonies.
If you have been charged with a crime in Muscogee County, GA , 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, however it is a charge filed by the state. The state must establish that you are guilty of 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 compared to the "proof beyond a reasonable doubt" standard that applies in civil cases. A typical civil infraction will be determined by a magistrate, without a jury, in what is often a short proceeding.
Certain states have a class of "petty offenses," where the defendant may be tried without a jury before a judge. Generally, the only penalty for a "petty offense" is a fine. However, these offenses may be of a criminal nature.
A "misdemeanor" is a criminal offense, and conviction often creates a criminal record. Misdemeanors are technically less serious offenses, however the impact of conviction can nevertheless be quite severe. Possible penalties for misdemeanors are imprisonment, probation, fines, and some times driver's license sanctions. Certain misdemeanors are treated as "sex crimes" and mandate that a convicted person register as a "sex offender", and notify 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. But, every serious criminal offense like murder, sexual assault, embezzlement, burglary, robbery, arson, and treason are felonies.
If you have been charged with a crime in Muscogee County, GA , contact a criminal lawyer.
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Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney.
www.columbus-dui-defense.com
Muscogee County, GA DUI lawyer
Muscogee County, GA DUI lawyer
Drunk driving happens when an individual is driving a vehicle, after consuming alcoholic beverages to the extent that his ability to drive the vehicle is impaired. Most individuals charged with drunk driving protest that their driving was alright. They believe that the officer created an excuse to pull them over, or that the "mistake" that the officer observed had nothing to do with their driving.
Every state has a maximum permissible blood alcohol content (BAC) for drivers, and you are considered legally "drunk" even if you do not feel that you are in any way influenced by the alcohol you consumed. The legal limit for blood alcohol in Muscogee County, GA, is usually 0.08%, however drunk driving charges are also possible based upon your driving conduct even at a lower BAC.
Additionally, you may be stopped as there is a mechanical fault with your car. If the officer finds you to appear drunk (usual 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 further.
The penalties differ substantially from state to state. All drunk driving offenses in Muscogee County, GA can result in a jail sentence. However, almost all first offenders are given lesser penalties, for example driver's license restrictions, fines, mandatory attendance of drunk driver's education classes, mandatory 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 happens when an individual is driving a vehicle, after consuming alcoholic beverages to the extent that his ability to drive the vehicle is impaired. Most individuals charged with drunk driving protest that their driving was alright. They believe that the officer created an excuse to pull them over, or that the "mistake" that the officer observed had nothing to do with their driving.
Every state has a maximum permissible blood alcohol content (BAC) for drivers, and you are considered legally "drunk" even if you do not feel that you are in any way influenced by the alcohol you consumed. The legal limit for blood alcohol in Muscogee County, GA, is usually 0.08%, however drunk driving charges are also possible based upon your driving conduct even at a lower BAC.
Additionally, you may be stopped as there is a mechanical fault with your car. If the officer finds you to appear drunk (usual 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 further.
The penalties differ substantially from state to state. All drunk driving offenses in Muscogee County, GA can result in a jail sentence. However, almost all first offenders are given lesser penalties, for example driver's license restrictions, fines, mandatory attendance of drunk driver's education classes, mandatory 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