Columbus GA DUI Lawyer | Georgia Criminal Defense Attorney

Muscogee County, Georgia DUI law firm

2010-05-13T03:26:00.000-04:00

Each state imposes a maximum permissible blood alcohol content (BAC) for drivers, and you are considered legally "drunk" even when you do not feel that you are in any way affected by the alcohol you had. The legal limit for blood alcohol in Muscogee County, Georgia, is typically 0.08%, although DUI charges are also possible depending on your driving conduct even at a lesser BAC. If a person’s BAC exceeds .08%, the person is in violation the DUI law. Based on the situation, those convicted of DUI can undergo punishments that can range from a suspension or revocation of a license all the way a long stay in prison. If you have been accused of breaking a DUI law, you must find a seasoned Muscogee County, Georgia DUI law firm to assist you with your case. A DUI law firm in Muscogee County, Georgia can be found online and family, friends, or ideally a family attorney, can also refer you to a seasoned Muscogee County, Georgia DUI law firm. A Muscogee County, Georgia DUI law firm knows all the laws to use to your benefit as well as interpreting state constitutions to serve as a lifeline. The best way to prevent such harsh penalties is to avoid being charged with DUI at all, or at least being charged more than once. However, sometimes, errors are made and unfortunate circumstances do happen. If you are facing multiple DUI charges, then the help of an experienced and skilled Muscogee County, Georgia DUI law firm can be invaluable.

-------------------------Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney. www.columbus-dui-defense.com

Muscogee County, Georgia criminal law firm

2010-05-12T03:26:00.000-04:00

Under law, prisoners are permitted to file petitions for habeas corpus, challenging the legality of their detention but this right may be suspended in times of national emergency. A petition for habeas corpus asks that a judge issue a writ, ordering that a prisoner be produced in the court on a fixed place, date and time. When a writ of habeas corpus is issued, the prisoner will be produced in court at the scheduled date and time. The aim of a hearing on a writ of habeas corpus is not to decide if the prisoner is innocent or not, but is rather to determine whether the legal basis asserted for the imprisonment is lawful. When the detention is illegal, the prisoner has to be released. Whether or not imprisonment is legal, if a charge against a prisoner is valid the prisoner may be subjected to trial on that charge. For example, a prisoner might file the petition for habeas corpus alleging imprisonment on the basis of an illegally excessive bail amount, however even if the reviewing court holds that bail amount is excessive and grants relief the prisoner would still have to stand trial on the underlying charge. Never attempt filing a habeas corpus petition by yourself. Use the services of a seasoned Muscogee County, Georgia criminal law firm.

-------------------------Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney. www.columbus-dui-defense.com

Muscogee County, Georgia forfeiture law firm

2010-05-11T03:25:00.000-04:00

The manner in which forfeiture will be dealt with, and whether the proceedings are "criminal" or "civil" in nature, will differ substantially from state to state. It is often advisable to take advise from an experienced Muscogee County, Georgia forfeiture law firm, if you are facing any kind of forfeiture action. Criminal forfeiture happens when, after the owner is convicted of a crime, and if forfeiture is permitted under the laws of the jurisdiction, it is proved that the property has a sufficient connection to the criminal offense to justify depriving the owner of the property rights. For example, your state may have a law which gives the court the right to forfeit your car, if you are convicted of DUI. The prosecutor's office can ask for forfeiture of your properties including your business or home if you are convicted of certain offenses, such as drug trafficking or racketeering. Civil forfeiture is similar in many ways to criminal forfeiture. However, whereas criminal forfeiture imposes an additional penalty on the property’s owner for his wrongful conduct, a civil forfeiture action is initiated against the property itself. For criminal forfeiture to be initiated, the property’s owner should be convicted of a crime, but civil forfeiture may take place although the owner is acquitted.

-------------------------Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney. www.columbus-dui-defense.com

Muscogee County, Georgia drug defense law firm

2010-05-10T03:24:00.000-04:00

In Georgia when a police officer finds that you have illegal drugs, you will be charged with drug possession even if you weren’t actually holding the drugs in your hand. You will be considered to be the owner of drugs found in your pockets or clothing, car or home, or any place over which you exercise control. If an officer finds drugs in your briefcase or purse, you will be considered in possession of those drugs. You can also be charged with drug possession when police find the materials to manufacture a drug or the equipment to consume it. When you are found with a certain amount of drugs or you are caught trying to sell drugs or if an officer finds you with a scale, or even wads of cash in some circumstances, you will be charged with possession of drugs with intent to distribute. It is a more severe charge than simple drug possession. You should immediately get in touch with a seasoned Muscogee County, Georgia drug defense law firm. The amount of drugs needed for this charge depends on the drug involved. If you are caught trying to sell drugs to children, the penalties are more severe.

Whereas a DUI offense involving drugs may be prosecuted by the State even where the drugs are prescribed by a physician, special rules apply to DUI-contraband charges. These charges involve illegal substances such as marijuana, cocaine, heroine, etc. in the person’s blood system. The DUI offense in Muscogee County, Georgia is based upon driving while having an unlawful substance in your blood system. Although this issue is currently on appeal, the prosecution is not presently required to prove impairment because of 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. However, recent case law (Love v. State) holds that if a person has marijuana present in his/her system, the State should demonstrate that the person was rendered incapable of driving safely as a result of using the marijuana.

-------------------------Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney. www.columbus-dui-defense.com

Muscogee County, Georgia Marijuana law firm

2010-05-09T03:23:00.000-04:00

Marijuana possession in Muscogee County, Georgia with intent to distribute charge carries some especially harsh penalties. This felony offense includes prison time as well as fines beginning in the thousands. If you possess a huge quantity of drugs, you may be slapped with this offense even if you have no intention of distributing the drug. In such instances, intent depends on the amount of the drug in your possession. When you're caught with marijuana, you could receive a huge fine and/or go to prison. If you are caught more than once, or when looks like you're likely to sell the drug, the punishment is tougher. The severity of the penalty varies depending on many factors:
• Quantity - Penalties differ 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 much severe for those growing cannabis.
• Location - A person caught selling marijuana near a school will often face harsher penalties.
The legal consequences are perhaps much more severe than you’ve ever imagined. If you’ve charged with a marijuana connected crime, it is essential that you select a seasoned Muscogee County, Georgia marijuana defense law firm to defend the marijuana charges against you.

-------------------------Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney. www.columbus-dui-defense.com

Muscogee County, Georgia drug law firm

2010-05-08T03:22:00.000-04:00

Marijuana rules are different in every 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 differ from state to state, however usually include prison time, a fine or both. Besides the misdemeanor DUI-contraband penalties, Georgia law has other more punitive statutes for possession of drugs when marijuana or other drugs are found in a vehicle or someone’s pocket. A "possession" offense may be committed by a person driving a car, or by a person not operating a car. Your driver’s license may be suspended on a guilty plea or a conviction for possession of drugs, even though you were not driving when at the time of arrest. This law has been upheld by the Georgia Supreme Court after an appeal on challenges to its validity.

There are strict drug laws in Muscogee County, Georgia. On conviction, you can face long jail temrs and significant fines. If you are charged with a drug crime, contact a seasoned Muscogee County, Georgia drug law firm. Under Georgia law if a police officer finds that you have illegal drugs, you will be charged with drug possession although you weren’t actually holding the drugs in your hand. You will be considered to be the owner of drugs found in your pockets or clothing, car or home, or any place over which you have control.

-------------------------Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney. www.columbus-dui-defense.com

Muscogee County, Georgia murder and homicide law firm

2010-05-07T03:21:00.001-04:00

State and federal laws regarding homicide and murder are the most complex of all criminal laws. Never attempt to defend a murder or homicide charge by yourself. Before you hire a Muscogee County, Georgia murder and homicide law firm, request for references. Ask to be provided with a copy of the lawyer’s retainer agreement and have it explained to you before you hire the lawyer or the attorney’s law firm. A Muscogee County, Georgia murder and homicide law firm will want to know who you are and how you can be contacted. The Muscogee County, Georgia law firm can also ask for a personal and business background and any information relevant to your case. The classifications of homicidal and murder offenses are complex but are often divided into a handful of categories based on severity. There are a few types of homicide, or murder, which are defined by law. First degree murder is the premeditated, deliberate, and/or malicious act of willfully causing the death of another party. First degree murder is often referred to as "cold-blooded" murder as it is calculated and committed willfully with the intention to kill or do serious harm. Murder in the second degree refes to the crime of murdering in "the heat of passion" that can involve situations where a person acts during a period of intense fear, rage, anger, terror, or fear. This type of murder is often considered voluntary manslaughter. This type of murder can also happen when death results in the commission of another criminal act. A homicide by vehicle is considered as first degree when the driver:
(1) illegally met or overtook a school bus;(2) illegally failed to stop after a collision;(3) was driving recklessly;(4) was driving while under the influence of alcohol or drugs;(5) failed to stop for, or otherwise was trying to flee from a law enforcement officer, or (6) had been declared a habitual offender in the past.

-------------------------Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney. www.columbus-dui-defense.com

Muscogee County, Georgia Arson Law firm

2010-05-06T03:20:00.000-04:00

Arson is a serious charge that generally doesn't involve getting off with a warning. An experienced Muscogee County, Georgia arson law firm can assit you if you are facing arson charges. The penalties may be severe, but a seasoned arson law firm can get you the best possible results. A person helping with the crime is generally charged with arson rather than being an accomplice to the crime. Pouring gasoline on the floor of a building or possessing firebombs may be offenses related to arson under certain state statutes. Arson that involves damage to federal property is almost always prosecuted in federal court, as is anything related to interstate or foreign transport. The elements of arson are setting a fire that reaches a structure and, in turn, burns down that structure. Arson law also treats explosions as burnings. The police and firefighters determine the circumstances to be considered for arson like the type of structure and amount of damage. Arson is a crime of general intent meaning that arson was committed "willfully and maliciously." The only thing that is required for an arson charge is proof that the individual intentionally lit the fire.

-------------------------Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney. www.columbus-dui-defense.com

Muscogee County, Georgia criminal appeal law firm

2010-05-05T03:19:00.000-04:00

If arrested in Muscogee County, Georgia, your first court appearance is at the arraignment. During arraignment, the judge will read out the charges filed against you in the complaint and you have to plead "guilty," "not guilty" or "no contest" to those charges. The judge will also review your bail and set dates for further hearings. A preliminary hearing, or preliminary examination, is an adversarial proceeding in which lawyers questions witnesses and both parties make arguments. The judge then makes the final 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 done. The grand jury then determines if enough evidence has been presented to indict the defendant. If you have been convicted, you usually have the right to appeal. A seasoned Muscogee County, Georgia criminal appeal law firm will request the higher court to overrule the trial court’s decision due to legal or procedural errors. The appeal court judges are looking for errors which may have changed the verdict. In a appeal, you submit written "briefs" to the appellate court, along with a copy of the trial court transcript and any exhibits that were produced at trial. Oral arguments can be scheduled. Arguments are generally very short in duration, and are academic in nature, discussing legal issues. In an appeal, the higher court looks for mistakes in the decision of the trial court. If the higher court finds mistakes in the trial court’s decision, the appeal court may direct a re-trial or set aside the conviction.

-------------------------Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney. www.columbus-dui-defense.com

Muscogee County, Georgia Criminal Defense Law firm

2010-05-04T03:18:00.000-04:00

Before you hire a Muscogee County, Georgia criminal defense law firm, ask for references. Ask to be provided with a copy of the attorney’s retainer agreement and have it explained to you before you hire the attorney or the attorney’s law firm. A criminal defense attorney will want to know who you are and how you can be contacted. The lawyer can also ask for a personal and business background and any information about your case. The criminal law system is usually a very scary thing for anyone in the crosshairs of a prosecutor, which makes it only more imperative to be represented by a good lawyer. Muscogee County, Georgia criminal defense law firm will almost always charge hourly rates or by a flat fee that should be paid up front. Rules of professional conduct usually disallow an attorney from entering into a contingent fee agreement for a criminal action. Rates will be competitive. So it may be beneficial to shop around. But, attorneys with a good reputation in this area tend to charge more. With your freedom possibly at stake, it may be worthwhile to pay more for an attorney or a law firm with a great reputation. Hire a lawyer with at least a few years of experience, and especially one with experience in the type of prosecution you are facing. As criminal cases are often sorted out by plea agreements with the district attorney's office, it will be that your lawyer has a good working relationship with the prosecuting attorney, or to at least have a reputation that commands respect.

-------------------------Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney. www.columbus-dui-defense.com

Harris County, GA DUI law firm

2010-05-03T03:17:00.000-04:00

Every state imposes a maximum permissible blood alcohol content (BAC) for drivers, and you will be considered legally "drunk" even when you do not feel that you are in any way influenced by the alcohol you consumed. The permissible limit for blood alcohol in Harris County, GA, is generally 0.08%, although DUI charges are often possible depending on your driving conduct even at a lower BAC. If a motorist’s BAC is more than .08%, he or she is in violation the DUI law. Based on the situation, those convicted of drunk driving can endure punishments that range from a suspension or revocation of a license all the way a long stay in prison. If you have been accused of breaking a DUI law, you can find a seasoned Harris County, GA DUI law firm to assist you with your case. A DUI law firm in Harris County, GA can be found online and family, friends, or ideally a family attorney, can also refer you to a seasoned Harris County, GA DUI law firm. A Harris County, GA DUI law firm has knowledge of all the laws to use to your advantage as well as interpreting state constitutions to serve as a lifeline. The best way to prevent such harsh penalties is to avoid being charged with DUI at all, or at least being charged more than once. However, sometimes, errors are made and unfortunate circumstances do arise. If you are facing multiple DUI charges, then the help of an experienced and skilled Harris County, GA DUI law firm can be invaluable.

-------------------------Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney. www.columbus-dui-defense.com

Harris County, GA criminal law firm

2010-05-02T03:16:00.000-04:00

Under law, prisoners can to file petitions for habeas corpus, challenging the legality of their detention but the right can be suspended in times of national emergency. The petition for habeas corpus requests that a judge issue a writ, requiring that the prisoner be produced in the court on a particular place, date and time. If a writ of habeas corpus is issued, the prisoner will be produced in court at the scheduled date and time. The aim of a hearing on a writ of habeas corpus is not to determine if a prisoner is innocent or not, but is rather to decide if 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 instance, the prisoner can file the petition for habeas corpus alleging detention on the grounds of an unlawfully high bail amount, but even if the reviewing court holds that bail amount is excessive and grants relief the prisoner would still have to stand trial on the underlying charge. Do not attempt filing a habeas corpus petition by yourself. Hire the services of a seasoned Harris County, GA criminal law firm.

-------------------------Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney. www.columbus-dui-defense.com

Harris County, GA forfeiture law firm

2010-05-01T03:15:00.000-04:00

The procedure in which forfeiture will be effected, and whether the proceedings are "criminal" or "civil" in nature, will vary significantly from state to state. It is generally advisable to take help from an experienced Harris County, GA forfeiture law firm, if you are facing any kind of forfeiture proceding. Criminal forfeiture takes place when, after the owner is convicted of a criminal offense, and when forfeiture is allowed under the rules of the jurisdiction, it is demonstrated that the property has a sufficient connection to the criminal offense to justify depriving you of the property rights. For instance, the jurisdiction can have a law which provides the court the right to forfeit your vehicle, if you are convicted of drunk driving. The prosecutor's office can request forfeiture of the property including your business or home if you are convicted of certain offenses, including drug trafficking or racketeering. Civil forfeiture is very much like criminal forfeiture in many ways. But, while criminal forfeiture imposes an additional penalty upon the property’s owner for his wrongful conduct, a civil forfeiture action is brought against the property itself. For criminal forfeiture to start, the property’s owner ought to be convicted of a crime, whereas civil forfeiture may occur even if the owner is acquitted.

-------------------------Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney. www.columbus-dui-defense.com

Harris County, GA drug defense law firm

2010-04-30T03:14:00.000-04:00

Under Georgia law when a police officer finds that you have illegal drugs, you will be charged with drug possession even if you weren’t actually holding the drugs in your hand. You will be considered to be the owner of drugs found in your pockets or clothing, car or home, or any place over which you exercise control. When an officer finds drugs in your briefcase or purse, you will be considered in possession of those drugs. You may also be charged with drug possession if police find the materials to make a drug or the equipment to use it. When you are found with a certain amount of drugs or you are caught selling drugs or when an officer finds you with a scale, or even wads of cash in certain circumstances, you will be charged with possession of drugs with intent to distribute. It is a much more serious charge than mere drug possession. You must immediately contact a seasoned Harris County, GA drug defense law firm. The amount of drugs required for this charge depends on the drug involved. If you are caught trying to sell drugs to minors, the penalties are more tough.

Whereas a DUI offense involving drugs can be prosecuted by the State even if the drugs are prescribed by a physician, special rules apply to DUI-contraband cases. These charges involve illegal substances such as marijuana, cocaine, heroine, etc. in the driver’s blood system. The DUI offense in Harris County, GA is based upon driving while having an unlawful substance in the blood system. Although this issue is currently on appeal, the prosecutor is not presently required to prove impairment because of the illegal contraband drugs in your system. Mere proof of the presence of a contraband substance or its "metabolites" is sufficient to result in a conviction. However, recent case law (Love v. State) holds that if a person has marijuana present in his/her system, the State should establish that the individual was rendered incapable of driving safely as a result of using the marijuana.

-------------------------Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney. www.columbus-dui-defense.com

Harris County, GA Marijuana law firm

2010-04-29T03:12:00.001-04:00

Marijuana possession in Harris County, GA with intent to distribute charge attracts some especially harsh penalties. This felony offense includes jail term and also fines beginning in the thousands. If you have a large amount of drugs, you may be slapped with this offense even if you had no intention of distributing the drug. In these instances, intent depends on the quantity of the drug in your possession. If you're found with marijuana, you will charged a heavy fine and/or go to jail. If you are caught more than once, or when appears as if you're going to sell the drug, the punishment is tougher. The severity of the penalty varies based on several factors:
• Quantity - Penalties vary based on the amount of marijuana recovered from the person's possession.
• Selling - Penalties are much severe for those intending to sell.
• Growing - Penalties are much severe for those cultivating cannabis.
• Location - A person caught selling marijuana near a school will generally face severe penalties.
The legal consequences are probably far more severe than you’ve ever imagined. When you’ve charged with a marijuana related offense, it is important that you choose a seasoned Harris County, GA marijuana defense law firm to defend the marijuana charges against you.

-------------------------Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney. www.columbus-dui-defense.com

Harris County, GA drug law firm

2010-04-28T03:10:00.000-04:00

Marijuana laws are different in every state. It is important to understand the subtle differences. Buying, selling, using or growing marijuana is illegal in every part of the United States. Penalties differ from state to state, however typically consist of prison term, a fine or both. Besides the misdemeanor DUI-contraband penalties, Georgia law has other more punitive statutes for possession of drugs when marijuana or other drugs are found in a vehicle or someone’s pocket. A "possession" offense may be committed by a person driving a car, or by a person not operating a car. Your driver’s license can be suspended upon a guilty plea or a conviction for possession of drugs, although you were not driving when at the time of arrest. This law has been upheld by the Georgia Supreme Court after an appeal on challenges to its constitutionality.

Harris County, GA has strict drug laws. If convicted, you may face long jail temrs and significant fines. If you are charged with a drug crime, contact a seasoned Harris County, GA drug law firm. In Georgia if a police officer finds that you have illegal drugs, you will be charged with drug possession even if you weren’t actually holding the drugs in your hand. You will be considered to be the owner of drugs found in your pockets or clothing, car or home, or any place over which you have control.

-------------------------Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney. www.columbus-dui-defense.com

Harris County, GA murder and homicide law firm

2010-04-27T03:09:00.000-04:00

State and federal laws about homicide and murder are the most complicated of all criminal laws. Do not attempt to defend a murder or homicide charge by yourself. Before you hire a Harris County, GA murder and homicide law firm, request for references. Request to be provided with a copy of the attorney’s retainer agreement and have it explained to you before you decide on retaining the lawyer or the attorney’s law firm. A Harris County, GA murder and homicide law firm will want to know who you are and how you can be contacted. The Harris County, GA law firm can also ask for a personal and business background and any information relevant to your case. The classifications of homicidal and murder offenses are complex but are often divided into a handful of categories based on severity. There are a few types of homicide, or murder, which are defined by law. First degree murder is the premeditated, deliberate, and/or malicious act of willfully causing the death of another person. First degree murder is often referred to as "cold-blooded" murder because it is calculated and committed willfully with the intention to kill or do serious harm. Murder in the second degree refes to the crime of murdering in "the heat of passion" that can involve cases where a person acts during a period of intense fear, rage, anger, terror, or fear. This type of murder is generally treated as voluntary manslaughter. This type of murder can also occur if death results in the commission of another criminal act. A homicide by vehicle is considered as first degree if the driver:
(1) illegally met or overtook a school bus;(2) unlawfully did not stop after a collision;(3) was driving recklessly;(4) was driving while under the influence of alcohol or drugs;(5) failed to stop for, or otherwise was trying to flee from a law enforcement officer, or (6) had been declared a habitual violator in the past.

-------------------------Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney. www.columbus-dui-defense.com

Harris County, GA Arson Law firm

2010-04-26T03:08:00.000-04:00

Arson is a serious charge that generally doesn't involve being let off with a warning. A seasoned Harris County, GA arson law firm can help you if you are charged with arson. The penalties can be severe, but a seasoned arson law firm can get you the best possible results. A person helping with the crime is generally charged with arson rather than being an accomplice to the crime. Putting gasoline on the floor of a building or possessing firebombs might be offenses related to arson under some state laws. Arson that involves damage to federal property is almost always prosecuted in federal court, and also anything involving interstate or foreign transport. The elements of arson are lighting a fire that reaches a structure and, in turn, burns down said structure. Arson law also treats explosions as burnings. The police and firefighters determine the factors to be considered for arson like the type of structure and amount of damage. Arson is a crime of general intent meaning that arson was committed "willfully and maliciously." All that’s required for an arson charge is evidence that the individual intentionally started the fire.

-------------------------Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney. www.columbus-dui-defense.com

Harris County, GA criminal appeal law firm

2010-04-25T03:07:00.000-04:00

If arrested in Harris County, GA, your first court appearance is at the arraignment. During arraignment, the judge will read out the charges filed against you in the complaint and you have to plead "guilty," "not guilty" or "no contest" to those charges. The judge will also review your bail and set dates for further hearings. A preliminary hearing, or preliminary examination, is an adversarial hearing in which lawyers examine 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 can call their own witnesses and ask that further investigations be done. The grand jury then determines whether enough evidence has been presented to indict the defendant. On conviction, you usually have the right to appeal. A seasoned Harris County, GA criminal appeal law firm will request the higher court to overrule the trial court’s decision due to legal or procedural mistakes. The judges on appeal are looking for mistakes which may have changed the verdict. In a appeal, you submit written "briefs" to the appellate court, together with a copy of the trial court transcript and any exhibits that were produced at trial. Oral arguments can be scheduled. Arguments are typically very short in duration, and tend to be academic in nature, discussing legal issues. In an appeal, the higher court looks for errors in the decision of the trial court. If the higher court finds mistakes in the trial court’s decision, the appeal court can order a re-trial or set aside the conviction.

-------------------------Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney. www.columbus-dui-defense.com

Harris County, GA Criminal Defense Law firm

2010-04-24T03:05:00.000-04:00

Before you hire a Harris County, GA criminal defense law firm, request for references. Ask to be provided with a copy of the attorney’s retainer agreement and have it explained to you before you decide on retaining the attorney or the attorney’s law firm. A criminal defense attorney will want to know who you are and how you can be contacted. The attorney can also ask for a personal and business background and any information about your case. The criminal law system is generally a very frightening thing for anyone in the crosshairs of a prosecutor, this makes it only more important to be represented by a good lawyer. Harris County, GA criminal defense law firm will almost always charge by the hour or by a flat fee that is payable in advance. Rules of professional conduct usually prohibit an attorney from entering into a contingent fee contract for a criminal action. Rates may be competitive. So it may be a good idea to shop around. But, attorneys with a good reputation in this area tend to charge more. With your freedom possibly on the line, it may be advisable to pay more for a lawyer or a law firm with an excellent reputation. Hire an attorney with at least a few years of experience, and especially one with experience in the kind of prosecution you are facing. As criminal cases are often resolved by plea bargains with the district attorney's office, it will be that your lawyer has a good working relationship with the prosecuting attorney, or to at least have a reputation that commands respect.

-------------------------Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney. www.columbus-dui-defense.com

Columbus, Georgia DUI law firm

2010-04-23T03:04:00.000-04:00

Every state imposes a maximum permissible blood alcohol content (BAC) for drivers, and you can be considered legally "drunk" even if you do not feel that you are in any way affected by the alcohol you drank. The permissible limit for blood alcohol in Columbus, Georgia, is usually 0.08%, but drunk driving charges are often possible depending on your driving conduct even at a lower BAC. If a person’s BAC exceeds .08%, the person is violating the DUI law. Depending on the situation, those convicted of drunk driving can endure punishments that range from a suspension or revocation of a license to a long stay in prison. If you have been charged with breaking a DUI law, you can find a seasoned Columbus, Georgia DUI law firm to help you with your case. A DUI law firm in Columbus, Georgia can be found online and family, friends, or ideally a family lawyer, can also refer you to a seasoned Columbus, Georgia DUI law firm. A Columbus, Georgia DUI law firm has knowledge of all the legal rules to use to your benefit as well as interpreting state constitutions to use as a lifeline. The easiest way to prevent such harsh punishment is to avoid being charged with DUI at all, or at least being charged more than once. However, at times, mistakes occur and unfortunate circumstances do arise. If you are facing multiple DUI charges, then the help of an experienced and skilled Columbus, Georgia DUI law firm can be invaluable.

-------------------------Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney. www.columbus-dui-defense.com

Columbus, Georgia criminal law firm

2010-04-22T03:03:00.000-04:00

Under law, prisoners can to file petitions for habeas corpus, challenging the legality of their detention but the right can be suspended in cases of national emergency. The petition for habeas corpus seeks that a court issue a writ, requiring that a prisoner be produced in the court on a particular place, date and time. Once a writ of habeas corpus is issued, the prisoner will be produced in court at the scheduled date and time. The purpose of a hearing on the writ of habeas corpus is not to decide if a prisoner is innocent or not, but is instead to determine whether the legal grounds claimed for the imprisonment is lawful. When the imprisonment is unlawful, the prisoner must be released. Whether or not imprisonment is legal, if the charge against the prisoner is valid the prisoner may be subjected to trial on that charge. For example, a prisoner might file the petition for habeas corpus alleging imprisonment on the grounds of an illegally high bail amount, however even if the reviewing court holds the bail amount is excessive and provides relief the prisoner would still have to undergo trial on the underlying charge. Do not attempt filing a habeas corpus petition by yourself. Hire the services of a seasoned Columbus, Georgia criminal law firm.

-------------------------Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney. www.columbus-dui-defense.com

Columbus, Georgia forfeiture law firm

2010-04-21T03:02:00.000-04:00

The manner in which forfeiture will be dealt with, and whether the proceedings are "criminal" or "civil" in nature, will vary significantly from state to state. It is usually advisable to take assistance from an experienced Columbus, Georgia forfeiture law firm, if you are facing any kind of forfeiture action. Criminal forfeiture occurs when, after the owner is convicted of an offense, and when forfeiture is possible under the laws of your state, it is demonstrated that your property has a sufficient connection to the offense to justify depriving you of the property rights. For example, the jurisdiction may have a rule which gives the court the right to forfeit your vehicle, when you are convicted of DUI. The prosecutor's office can ask for forfeiture of the properties including your business or home when you are convicted of particular offenses, including drug trafficking or racketeering. Civil forfeiture is very much like criminal forfeiture in numerous ways. But, whereas criminal forfeiture imposes an additional penalty on the property’s owner for his wrongful conduct, a civil forfeiture action is brought against the property itself. For criminal forfeiture to be initiated, the property’s owner has be convicted of a crime, but civil forfeiture might take place although the owner is acquitted.

-------------------------Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney. www.columbus-dui-defense.com

Columbus, Georgia drug defense law firm

2010-04-20T03:01:00.000-04:00

Under Georgia law when a police officer finds that you have illegal drugs, you will be charged with drug possession even if you weren’t actually holding the drugs in your hand. You will be considered to be the owner of drugs found in your pockets or clothing, car or home, or any place over which you exercise control. If an officer finds drugs in your briefcase or purse, you will be considered in possession of those drugs. You can also be charged with drug possession when police find the materials to make a drug or the equipment to consume it. If you are found with a certain amount of drugs or you are caught trying to sell drugs or when an officer finds you with a scale, or even wads of money in certain circumstances, you will be charged with possession of drugs with intent to distribute. It is a more severe charge than mere drug possession. You should immediately contact a seasoned Columbus, Georgia drug defense law firm. The amount of drugs needed for this charge depends on the drug involved. If you are caught trying to sell drugs to children, the penalties are more tough.

Whereas a DUI offense involving drugs can be prosecuted by the State even where the drugs are prescribed by a physician, special laws apply to DUI-contraband cases. These cases involve illegal substances like marijuana, cocaine, heroine, etc. in the driver’s blood system. The DUI offense in Columbus, Georgia is based upon driving while having an unlawful substance in the blood system. Even though this issue is presently on appeal, the prosecution is not presently required to prove impairment due to the illegal contraband drugs in the system. Mere proof 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 State must establish that the individual was rendered incapable of driving safely as a result of using the marijuana.

-------------------------Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney. www.columbus-dui-defense.com

Columbus, Georgia Marijuana law firm

2010-04-19T03:00:00.000-04:00

Marijuana possession in Columbus, Georgia with intent to distribute charge carries some especially tough punishments. This felony offense includes prison time and also fines starting in the thousands. If you possess a huge quantity of drugs, you may be slapped with this offense even if you have no intention of distributing the marijuana. In such instances, intent is based on the amount of marijuana in your possession. When you're caught with marijuana, you could receive a huge fine and/or be sent to jail. If you are caught more than once, or if appears as if you're going to sell the drug, the punishment is harsher. The severity of the penalty varies based on many factors:
• Quantity - Penalties vary depending on the amount of marijuana recovered from the person's possession.
• Selling - Penalties are more severe for persons intending to sell.
• Growing - Penalties are much severe for those growing cannabis.
• Location - A person arrested for selling marijuana near a school will often face harsher penalties.
The legal effects are probably much more severe than you’ve ever imagined. When you’ve charged with a marijuana related crime, it is essential that you select a seasoned Columbus, Georgia marijuana defense law firm to fight the marijuana charges against you.

-------------------------Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney. www.columbus-dui-defense.com

Columbus, Georgia drug law firm

2010-04-18T02:59:00.000-04:00

Marijuana rules are different in every state. It is important to know the subtle differences. Buying, selling, using or growing marijuana is illegal in all states of the United States. Penalties differ from place to place, however normally consist of jail term, a fine or both. Besides the misdemeanor DUI-contraband penalties, Georgia law has other more tough penalties for possession of drugs when marijuana or other drugs are found in a vehicle or a person’s pocket pocket. A "possession" offense may be committed by a person driving a car, or by a person not operating a car. Your driver’s license may be suspended upon a guilty plea or a conviction for possession of drugs, even if you were not driving when at the time of arrest. This law has been upheld by the Georgia Supreme Court after an appeal on challenges to its validity.

Columbus, Georgia has strict drug laws. On conviction, you can face long prison temrs and heavy fines. If you are charged with a drug crime, contact a seasoned Columbus, Georgia drug law firm. Under Georgia law if a police officer finds that you have illegal drugs, you will be charged with drug possession even if you weren’t actually holding the drugs in your hand. You will be considered to be the owner of drugs found in your pockets or clothing, car or home, or any place over which you have control.

-------------------------Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney. www.columbus-dui-defense.com

Columbus, Georgia murder and homicide law firm

2010-04-17T02:58:00.000-04:00

State and federal laws about homicide and murder are the most complex of all criminal laws. Never attempt to defend a murder or homicide charge by yourself. Before you hire a Columbus, Georgia murder and homicide law firm, request for references. Request to be provided with a copy of the lawyer’s retainer agreement and have it explained to you before you decide on retaining the attorney or the attorney’s law firm. A Columbus, Georgia murder and homicide law firm will want to know who you are and how you can be contacted. The Columbus, Georgia law firm may also ask for a personal and business background and any information relevant to your case. The classifications of homicidal and murder offenses are complicated but are generally divided into a handful of categories depending on severity. There are a few types of homicide, or murder, which are defined by law. First degree murder is the premeditated, deliberate, and/or malicious act of willfully causing the death of another person. First degree murder is commonly referred to as "cold-blooded" murder because it is calculated and committed willfully with the intention to kill or do serious harm. Murder in the second degree is the crime of murdering in "the heat of passion" which can involve situations where a person acts during a period of intense fear, rage, anger, terror, or fear. This type of murder is often considered voluntary manslaughter. This type of murder can also occur if death results in the perpetration of another criminal act. A homicide by vehicle is classified as first degree when the driver:
(1) unlawfully met or overtook a school bus;(2) unlawfully did not stop after a collision;(3) was driving recklessly;(4) was driving while under the influence of alcohol or drugs;(5) failed to stop for, or otherwise was attempting to flee from a law enforcement officer, or (6) had been declared a habitual offender in the past.

-------------------------Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney. www.columbus-dui-defense.com

Columbus, Georgia Arson Law firm

2010-04-16T02:56:00.000-04:00

Arson is a serious charge that usually doesn't involve getting off with a warning. An experienced Columbus, Georgia arson law firm can assit you if you are facing arson charges. The penalties can be severe, but an experienced arson law firm can get you the best possible results. A person helping with the crime is generally charged with arson rather than being an accomplice to the crime. Putting gasoline on the floor of a building or possessing firebombs might be offenses related to arson under some state statutes. Arson that involves damage to federal property is almost always prosecuted in federal court, as is anything related to interstate or foreign transport. The elements of arson are setting a fire that reaches a structure and, in turn, burns that structure. Arson law also considers explosions as burnings. The police and firefighters decide the circumstances to be considered for arson like the kind of structure and amount of damage. Arson is a crime of general intent meaning that arson was committed "willfully and maliciously." The only thing needed for an arson charge is proof that the person intentionally started the fire.

-------------------------Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney. www.columbus-dui-defense.com

Columbus, Georgia criminal appeal law firm

2010-04-15T02:53:00.001-04:00

If arrested in Columbus, Georgia, your first court appearance will be at the arraignment. During arraignment, the judge reads the charges filed against you in the complaint and you have to plead "guilty," "not guilty" or "no contest" to those charges. The judge will also review your bail and fix dates for further hearings. A preliminary hearing, or preliminary examination, is the adversarial hearing in which attorneys questions witnesses and both parties make arguments. The judge then makes the final finding of probable cause. In a grand jury, the jury hears only from the prosecutor. The grand jury can call their own witnesses and request that further investigations be performed. The grand jury then determines if enough evidence has been presented to indict the defendant. On conviction, you usually have the right to appeal. A seasoned Columbus, Georgia criminal appeal law firm will request the higher court to overturn the trial court’s decision based on legal or procedural mistakes. The judges on appeal are looking for errors which may have changed the decision. In a appeal, you submit written "briefs" to the court, along with a copy of the trial court transcript and any exhibits that were produced at trial. Oral arguments can be scheduled. Arguments are typically very short in duration, and are academic in nature, discussing legal issues. In an appeal, the higher court looks for errors in the decision of the trial court. If the higher court finds errors in the trial court’s verdict, the appeal court may direct a re-trial or set aside the conviction.

-------------------------Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney. www.columbus-dui-defense.com

Columbus, Georgia Criminal Defense Law firm

2010-04-14T02:52:00.000-04:00

Before you hire a Columbus, Georgia criminal defense law firm, ask for references. Request to be provided with a copy of the attorney’s retainer agreement and have it explained to you before you hire the attorney or the attorney’s law firm. A criminal defense lawyer will want to know who you are and how you can be contacted. The lawyer may also ask for a personal and business background and any information relevant to your case. The criminal legal system is generally a very scary thing for anyone in the crosshairs of a prosecutor, which makes it only more important to be represented by a good attorney. Columbus, Georgia criminal defense law firm will almost always charge hourly rates or by a flat fee that should be paid in advance. Rules of professional conduct usually disallow an attorney from entering into a contingent fee agreement for a criminal action. Rates can be competitive. So it may be beneficial to shop around. But, lawyers with a good reputation in this area tend to charge more. With your freedom possibly on the line, it may be worthwhile to pay more for an attorney or a law firm with a great reputation. Hire a lawyer with at least a few years of experience, and especially one with experience in the kind of prosecution you are facing. As criminal cases are often resolved by plea bargains with the district attorney's office, it is in your interest that your attorney has a good working relationship with the prosecuting attorney, or to at least have a reputation that commands respect.

-------------------------Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney. www.columbus-dui-defense.com

Columbus, GA DUI law firm

2010-04-13T02:51:00.000-04:00

Every state imposes a maximum permissible blood alcohol content (BAC) for drivers, and you are considered legally "drunk" even when you do not feel that you are in any way affected by the alcohol you drank. The permissible limit for blood alcohol in Columbus, GA, is normally 0.08%, although drunk driving charges are also possible depending on your driving conduct even at a lower BAC. If a driver’s BAC exceeds .08%, the person is violating the DUI law. Depending on the situation, persons convicted of DUI can endure punishments that range from a suspension or revocation of a license to a long stay in prison. If you have been accused of breaking a DUI law, you should find a seasoned Columbus, GA DUI law firm to help you with your case. A DUI law firm in Columbus, GA can be found online and family, friends, or ideally a family lawyer, can also refer you to a seasoned Columbus, GA DUI law firm. A Columbus, GA DUI law firm knows all the laws to use to your advantage as well as interpreting state constitutions to use as a lifeline. The easiest way to prevent such harsh punishment is to avoid being charged with DUI at all, or at least being charged more than once. However, sometimes, mistakes happen and unfortunate circumstances do arise. If you are facing multiple DUI charges, then the help of an experienced and skilled Columbus, GA DUI law firm can be invaluable.

-------------------------Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney. www.columbus-dui-defense.com

Columbus, GA criminal law firm

2010-04-12T02:51:00.000-04:00

Under law, prisoners are permitted to file petitions for habeas corpus, challenging the legality of their detention but this right can be suspended in cases of national emergency. A petition for habeas corpus requests that the judge issue a writ, ordering that a prisoner be produced before the court at a particular place, date and time. Once the writ of habeas corpus is issued, the prisoner will be brought to court at the fixed date and time. The aim of a hearing on the writ of habeas corpus is not to decide if a prisoner is innocent or not, but is instead to decide whether the legal grounds asserted for the imprisonment is legal. When the imprisonment is illegal, the prisoner must be released. Whether or not detention is legal, if the charge against the prisoner is valid the prisoner can be subjected to trial on that charge. For instance, the prisoner might file a petition for habeas corpus alleging detention on the grounds of an illegally high bail amount, however even if the reviewing court holds that bail amount is high and grants relief the prisoner may still have to stand trial on the underlying charge. Do not attempt filing a habeas corpus petition by yourself. Hire the services of a seasoned Columbus, GA criminal law firm.

-------------------------Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney. www.columbus-dui-defense.com

Columbus, GA forfeiture law firm

2010-04-11T02:50:00.000-04:00

The manner in which forfeiture will be dealt with, and whether the proceedings are "criminal" or "civil" in nature, will differ substantially from state to state. It is often advisable to take assistance from an experienced Columbus, GA forfeiture law firm, if you are facing any kind of forfeiture proceding. Criminal forfeiture happens if, after the owner is convicted of a criminal activity, and where forfeiture is permitted under the laws of the prosecuting jurisdiction, it is proved that the property has a sufficient relationship to the criminal activity to mandate depriving you of the property rights. For instance, the state can have a rule which provides the court the right to forfeit your car, if you are convicted of DUI. The prosecutor's office may ask for forfeiture of your properties even your business or home when you are convicted of particular offenses, like drug trafficking or racketeering. Civil forfeiture is very much like criminal forfeiture in many ways. However, while criminal forfeiture imposes an additional penalty upon the owner of property for the wrongful conduct, a civil forfeiture action is brought against the property itself. For criminal forfeiture to be initiated, the property’s owner ought to be convicted of a crime, whereas civil forfeiture may occur even if the owner is acquitted.

-------------------------Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney. www.columbus-dui-defense.com

Columbus, GA drug defense law firm

2010-04-10T02:49:00.000-04:00

In Georgia if a police officer finds that you have illegal drugs, you will be charged with drug possession even if you weren’t actually holding the drugs in your hand. You will be considered to be the owner of drugs found in your pockets or clothing, car or home, or any place over which you exercise control. If an officer finds drugs in your briefcase or purse, you will be considered in possession of those drugs. You can also be charged with drug possession when police find the materials to manufacture a drug or the equipment to use it. If you are found with a certain amount of drugs or you are caught selling drugs or if an officer finds you with a scale, or even wads of cash in certain circumstances, you will be charged with possession of drugs with intent to distribute. It is a much more severe charge than mere drug possession. You must immediately contact a seasoned Columbus, GA drug defense law firm. The amount of drugs required for this charge depends on the drug involved. If you are caught trying to sell drugs to minors, the penalties are more tough.

Whereas a DUI offense involving drugs may be prosecuted by the State although where the drugs are prescribed by a physician, special rules apply to DUI-contraband charges. These charges involve illegal substances like marijuana, cocaine, heroine, etc. in the driver’s blood system. The DUI offense in Columbus, GA 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 currently required to demonstrate impairment due to the illegal contraband drugs in your system. Simple 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 State should demonstrate that the individual was rendered incapable of driving safely as a result of using the marijuana.

-------------------------Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney. www.columbus-dui-defense.com

Columbus, GA Marijuana law firm

2010-04-09T02:48:00.000-04:00

Marijuana possession in Columbus, GA with intent to distribute charge invites some especially severe punishments. This felony crime includes jail time and also fines beginning in the thousands. If you possess a huge amount of drugs, you may be slapped with this offense even if you had no intention of distributing the marijuana. In these cases, intent is based on the amount of the drug in your possession. If you're found with marijuana, you will receive a heavy fine and/or be sent to jail. If you are caught more than once, or if looks as if you're likely to sell the drug, the punishment is tougher. The severity of the penalty differs based on several factors:
• Quantity - Penalties vary based on the amount of marijuana found in the person's possession.
• Selling - Penalties are much severe for persons intending to sell.
• Growing - Penalties are much severe for those cultivating cannabis.
• Location - A person arrested for selling marijuana near a school will typically face harsher penalties.
The legal effects are perhaps much more severe than you’ve ever imagined. If you’ve charged with a marijuana connected offense, it is important that you select a seasoned Columbus, GA marijuana defense law firm to defend the marijuana charges against you.

-------------------------Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney. www.columbus-dui-defense.com

Columbus, GA drug law firm

2010-04-08T02:47:00.000-04:00

Marijuana rules are different in every state. It is important to know the subtle differences. Buying, selling, using or growing marijuana is illegal all over of the US. Penalties vary from state to state, but usually consist of prison term, a fine or both. Besides the misdemeanor DUI-contraband penalties, Georgia law has other more tough penalties for possession of drugs when marijuana or other drugs are found in a vehicle or someone’s pocket. A "possession" offense may be committed by a person driving a car, or by a person not operating a car. Your driver’s license can be suspended on a guilty plea or a conviction for possession of drugs, even if you were not driving when at the time of arrest. This law has been upheld by the Georgia Supreme Court after an appeal on challenges to its constitutionality.

There are strict drug laws in Columbus, GA. If convicted, you can face long jail sentences and heavy fines. If you are charged with a drug crime, contact a seasoned Columbus, GA drug law firm. In Georgia if a police officer finds that you have illegal drugs, you will be charged with drug possession even if you weren’t actually holding the drugs in your hand. You are considered to be the owner of drugs found in your pockets or clothing, car or home, or any place over which you have control.

-------------------------Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney. www.columbus-dui-defense.com

Columbus, GA murder and homicide law firm

2010-04-07T02:47:00.000-04:00

State and federal laws about homicide and murder are the most complex of any criminal laws. Do not attempt to defend a murder or homicide charge by yourself. Before you hire a Columbus, GA murder and homicide law firm, ask for references. Request to be provided with a copy of the lawyer’s retainer agreement and have it explained to you before you hire the lawyer or the attorney’s law firm. A Columbus, GA murder and homicide law firm will want to know who you are and how you can be contacted. The Columbus, GA law firm may also ask for a personal and business background and any information relevant to your case. The classifications of homicidal and murder offenses are complex 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 murder refers to the premeditated, deliberate, and/or malicious act of willfully causing the death of another party. First degree murder is commonly referred to as "cold-blooded" murder as it is calculated and done willfully with the intention to kill or do serious harm. Murder in the second degree refes to the crime of murdering in "the heat of passion" that can involve situations where a person acts during a period of intense fear, rage, anger, terror, or fear. This type of murder is generally considered voluntary manslaughter. This type of murder can also happen if death results in the perpetration of another criminal act. A homicide by vehicle is classified as first degree when the driver:
(1) illegally met or overtook a school bus;(2) illegally failed to stop after a collision;(3) was driving recklessly;(4) was driving while under the influence of alcohol or drugs;(5) failed to stop for, or rather was trying to flee from a law enforcement officer, or (6) had previously been declared a habitual offender.

-------------------------Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney. www.columbus-dui-defense.com

Columbus, GA Arson Law firm

2010-04-06T02:46:00.000-04:00

Arson is a serious charge that usually doesn't involve being let off with a warning. An experienced Columbus, GA arson law firm can assit you if you are charged with arson. The penalties may be severe, but a seasoned arson law firm can get you the best possible results. An individual helping with the crime is generally charged with arson rather than being an accomplice to the crime. Pouring gasoline on the floor of a building or possessing firebombs may be offenses related to arson under certain state laws. Arson involving damage to federal property is almost always prosecuted in federal court, and also anything involving interstate or foreign transport. The elements of arson include setting a fire that reaches a structure and, in turn, burns down said structure. Arson law also treats explosions as burnings. The police and firefighters decide the factors to be considered for arson like the type of structure and amount of damage. Arson is a crime of general intent which means that arson was committed "willfully and maliciously." The only thing that is required for an arson charge is evidence that the individual intentionally started the fire.

-------------------------Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney. www.columbus-dui-defense.com

Columbus, GA criminal appeal law firm

2010-04-05T02:46:00.000-04:00

If arrested in Columbus, GA, your first court appearance will be at the arraignment. During arraignment, the judge will read out the charges filed against 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 fix dates for future proceedings. A preliminary hearing, or preliminary examination, is an adversarial hearing in which attorneys examine witnesses and both parties make arguments. The judge then determines the final finding of probable cause. In a grand jury, only the prosecutor is heard by the jury. The grand jury may call their own witnesses and request that further investigations be performed. The grand jury then decides whether enough evidence has been presented to indict the defendant. On conviction, you usually can appeal. A seasoned Columbus, GA criminal appeal law firm will ask the higher court to overrule the trial court’s decision based on legal or procedural errors. The judges on appeal are looking for mistakes which might have changed the decision. In a appeal, you submit written "briefs" to the appellate court, together with a copy of the trial court transcript and any exhibits that were used at trial. Oral arguments can be scheduled. Arguments are generally very short in duration, and are academic in nature, focusing on legal issues. In an appeal, the higher court looks for mistakes in the decision of the trial court. If the higher court finds errors in the trial court’s decision, the appeal court may direct a re-trial or set aside the conviction.

-------------------------Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney. www.columbus-dui-defense.com

Columbus, GA Criminal Defense Law firm

2010-04-04T02:44:00.000-04:00

Before you hire a Columbus, GA criminal defense law firm, ask for references. Ask to be provided with a copy of the lawyer’s retainer agreement and have it explained to you before you hire the attorney or the attorney’s law firm. A criminal defense attorney will want to know who you are and how you can be contacted. The attorney may also ask for a personal and business background and any information about your case. The criminal justice system is generally a very scary thing for anyone in the crosshairs of a prosecutor, this makes it only more imperative to be represented by a good lawyer. Columbus, GA criminal defense law firm will almost always charge hourly rates or by a flat fee that is payable in advance. Rules of professional conduct usually disallow an attorney from entering into a contingent fee agreement for a criminal action. Rates will be competitive. So it may be a good idea to shop around. But, attorneys with a good reputation in this field tend to charge more. With your freedom possibly on the line, it may be advisable to pay more for an attorney or a law firm with an excellent reputation. Hire a lawyer with at least a few years of experience, and especially one with experience in the kind of prosecution you are facing. As criminal cases are often resolved by plea agreements with the district attorney's office, it will be that your attorney has a good working relationship with the prosecuting attorney, or to at least have a reputation that commands respect.

-------------------------Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney. www.columbus-dui-defense.com

Chattahoochee County, Georgia DUI law firm

2010-04-03T02:43:00.000-04:00

Every state imposes a maximum permissible blood alcohol content (BAC) for drivers, and you can be considered legally "drunk" even when you do not feel that you are in any way affected by the alcohol you drank. The legal limit for blood alcohol in Chattahoochee County, Georgia, is normally 0.08%, however drunk driving charges are often possible depending on your driving conduct even at a lower BAC. If a motorist’s BAC is above .08%, the driver violates the DUI law. Based on the situation, persons convicted of DUI can undergo punishments that can range from a suspension or revocation of a license to a long stay in prison. If you have been accused of breaking a DUI law, you can find a seasoned Chattahoochee County, Georgia DUI law firm to assist you with your case. A DUI law firm in Chattahoochee County, Georgia can be found online and family, friends, or ideally a family attorney, can also refer you to a seasoned Chattahoochee County, Georgia DUI law firm. A Chattahoochee County, Georgia DUI law firm knows all the laws to use to your benefit as well as interpreting state constitutions to use as a lifeline. The best way to avoid such harsh sentence is to avoid being charged with DUI at all, or at least being charged more than once. However, at times, mistakes occur and unfortunate circumstances do happen. If you are facing multiple DUI charges, then the help of an experienced and skilled Chattahoochee County, Georgia DUI law firm can be invaluable.

-------------------------Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney. www.columbus-dui-defense.com

Chattahoochee County, Georgia criminal law firm

2010-04-02T02:43:00.000-04:00

Under law, prisoners are permitted to file petitions for habeas corpus, challenging the legality of their detention but the right can be suspended in cases of national emergency. A petition for habeas corpus requests that the judge issue a writ, ordering that a prisoner be produced in the court at a fixed place, date and time. Once the writ of habeas corpus is issued, the prisoner will be produced in court at the scheduled date and time. The aim of a hearing on the writ of habeas corpus is not to decide whether the prisoner is innocent or not, but is instead to decide if the legal basis asserted for the imprisonment is lawful. If the detention is illegal, the prisoner must be released. Whether or not detention is legal, if the charge against a prisoner is valid the prisoner may be subjected to trial on that charge. For instance, the prisoner can file a petition for habeas corpus alleging imprisonment on the grounds of an unlawfully excessive bail amount, however even if the reviewing court holds the bail amount is excessive and provides relief the prisoner would still have to stand trial on the underlying charge. Do not attempt filing a habeas corpus petition by yourself. Hire the services of a seasoned Chattahoochee County, Georgia criminal law firm.

-------------------------Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney. www.columbus-dui-defense.com

Chattahoochee County, Georgia forfeiture law firm

2010-04-01T02:42:00.000-04:00

The procedure in which forfeiture will be effected, and if the proceedings are "criminal" or "civil" in nature, will vary significantly from state to state. It is usually advisable to seek assistance from an experienced Chattahoochee County, Georgia forfeiture law firm, if you are facing any type of forfeiture proceding. Criminal forfeiture takes place when, after the owner is convicted of a criminal activity, and where forfeiture is allowed under the rules of the state, it is established that your property has a sufficient relationship to the offense to justify depriving the owner of the property rights. For instance, your jurisdiction can have a rule that provides the court the right to forfeit your car, when you are convicted of drunk driving. The prosecutor's office may seek forfeiture of your property even your business or home if you are convicted of certain offenses, including drug trafficking or racketeering. Civil forfeiture is very much like criminal forfeiture in many ways. But, while criminal forfeiture means to impose an additional penalty on the property’s owner for his wrongful conduct, a civil forfeiture action is brought against the property itself. For criminal forfeiture to start, the owner of the property ought to be convicted of a crime, whereas civil forfeiture can take place although the owner is acquitted.

-------------------------Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney. www.columbus-dui-defense.com

Chattahoochee County, Georgia drug defense law firm

2010-03-31T02:41:00.000-04:00

In Georgia if a police officer finds that you have illegal drugs, you will be charged with drug possession although you weren’t actually holding the drugs in your hand. You are considered to be the owner of drugs found in your pockets or clothing, car or home, or any place over which you exercise control. When an officer finds drugs in your briefcase or purse, you would be considered in possession of those drugs. You may also be charged with drug possession when police find the materials to make a drug or the equipment to consume it. If you are found with a certain amount of drugs or you are caught trying to sell drugs or when an officer finds you with a scale, or even wads of money in some circumstances, you will be charged with possession of drugs with intent to distribute. It is a much more severe charge than simple drug possession. You must immediately contact a seasoned Chattahoochee County, Georgia drug defense law firm. The amount of drugs required for this charge depends on the drug involved. If you are caught trying to sell drugs to children, the penalties are more severe.

While a DUI offense involving drugs can 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 person’s blood system. The DUI offense in Chattahoochee County, Georgia is based upon driving while having an unlawful substance in your blood system. Although this issue is currently on appeal, the prosecutor is not presently required to establish impairment due to the illegal contraband drugs in the 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 State should establish that the person was rendered incapable of driving safely as a result of using the marijuana.

-------------------------Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney. www.columbus-dui-defense.com

Chattahoochee County, Georgia Marijuana law firm

2010-03-30T02:40:00.000-04:00

Marijuana possession in Chattahoochee County, Georgia with intent to distribute charge carries some especially harsh penalties. This felony offense includes jail time and also fines starting in the thousands. If you possess a large quantity of drugs, you may be slapped with this offense even if you had no intention of distributing the drug. In such instances, intent depends on the quantity of the drug in your possession. When you're caught with marijuana, you may receive a large fine and/or be sent to jail. When you are caught more than once, or when appears as if you're going to sell the drug, the punishment is more severe. The severity of the penalty differs depending on several factors:
• Quantity - Penalties differ depending on the quantity of marijuana found in the person's possession.
• Selling - Penalties are much severe for persons intending to sell.
• Growing - Penalties are much severe for those cultivating cannabis.
• Location - A person caught selling marijuana near a school will generally face severe penalties.
The legal consequences are probably much more severe than you’ve ever imagined. If you’ve charged with a marijuana connected crime, it is essential that you select a seasoned Chattahoochee County, Georgia marijuana defense law firm to defend the marijuana charges against you.

-------------------------Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney. www.columbus-dui-defense.com

Chattahoochee County, Georgia drug law firm

2010-03-29T02:39:00.000-04:00

Marijuana regulations are different in every state. It is important to know the subtle differences. Buying, selling, using or growing marijuana is illegal across of the United States. Penalties differ from place to place, but generally include jail term, a fine or both. Besides the misdemeanor DUI-contraband penalties, Georgia law has other more tough penalties for possession of drugs when marijuana or other drugs are found in a vehicle or a person’s pocket pocket. A "possession" offense can be committed by a person driving a car, or by a person not operating a car. Your driver’s license can be suspended upon a guilty plea or a conviction for possession of drugs, although you were not driving when at the time of arrest. This law has been upheld by the Georgia Supreme Court after an appeal on challenges to its constitutionality.

Chattahoochee County, Georgia has strict drug laws. If convicted, you can face long jail temrs and significant fines. If you are charged with a drug crime, contact a seasoned Chattahoochee County, Georgia drug law firm. In Georgia if a police officer finds that you have illegal drugs, you will be charged with drug possession although you weren’t actually holding the drugs in your hand. You are considered to be the owner of drugs found in your pockets or clothing, car or home, or any place over which you exercise control.

-------------------------Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney. www.columbus-dui-defense.com

Chattahoochee County, Georgia murder and homicide law firm

2010-03-28T02:39:00.000-04:00

State and federal laws regarding homicide and murder are the most complex of any criminal laws. Never attempt to defend a murder or homicide charge by yourself. Before you hire a Chattahoochee County, Georgia murder and homicide law firm, request for references. Request to be provided with a copy of the attorney’s retainer agreement and have it explained to you before you hire the lawyer or the attorney’s law firm. A Chattahoochee County, Georgia murder and homicide law firm will want to know who you are and how you can be contacted. The Chattahoochee County, Georgia law firm can also ask for a personal and business background and any information relevant to your case. The classifications of homicidal and murder offenses are complicated but are often divided into a handful of categories based on severity. There are a certain types of homicide, or murder, that are defined by law. First degree murder is the premeditated, deliberate, and/or malicious act of willfully causing the death of another person. First degree murder is often referred to as "cold-blooded" murder as it is calculated and done willfully with the intention to kill or do serious harm. Murder in the second degree refes to the crime of murdering in "the heat of passion" that may involve situations where a person acts during a period of intense fear, rage, anger, terror, or fear. This type of murder is often considered voluntary manslaughter. This type of murder can also occur if death results in the commission of another criminal act. A homicide by vehicle is classified as first degree if the driver:
(1) unlawfully met or overtook a school bus;(2) unlawfully failed to stop after a collision;(3) was driving recklessly;(4) was driving while under the influence of alcohol or drugs;(5) did not stop for, or otherwise was trying to flee from a law enforcement officer, or (6) had been declared a habitual offender in the past.

-------------------------Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney. www.columbus-dui-defense.com

Chattahoochee County, Georgia Arson Law firm

2010-03-27T02:38:00.000-04:00

Arson is a serious charge that usually doesn't involve getting off with a warning. An experienced Chattahoochee County, Georgia arson law firm can assit you if you are charged with arson. The penalties may be severe, but an experienced arson law firm can get you the best possible results. A person helping with the crime is generally charged with arson rather than being an accomplice to the crime. Putting gasoline on the floor of a building or possessing firebombs might be offenses related to arson under certain state statutes. Arson involving damage to federal property is almost always prosecuted in federal court, and also anything related to interstate or foreign transport. The elements of arson are setting a fire that reaches a structure and, in turn, burns that structure. Arson law also treats explosions as burnings. The police and firefighters determine the factors to be considered for arson like the type of structure and amount of damage. Arson is a crime of general intent meaning that arson was committed "willfully and maliciously." The only thing that is required for an arson charge is evidence that the individual intentionally started the fire.

-------------------------Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney. www.columbus-dui-defense.com

Chattahoochee County, Georgia criminal appeal law firm

2010-03-26T02:36:00.000-04:00

When arrested in Chattahoochee County, Georgia, your first court appearance will be at the arraignment. At the arraignment, the judge will read out the charges filed against you in the complaint and you have to plead "guilty," "not guilty" or "no contest" to those charges. The judge will also review your bail and fix dates for further hearings. A preliminary hearing, or preliminary examination, is an adversarial proceeding in which lawyers questions witnesses and both parties make arguments. The judge then determines the final finding of probable cause. In a grand jury, only the prosecutor is heard by the jury. The grand jury may call their own witnesses and ask that further investigations be done. The grand jury then decides whether enough evidence has been presented to convict the defendant. On conviction, you usually have the right to appeal. A seasoned Chattahoochee County, Georgia criminal appeal law firm will request the higher court to overrule the trial court’s decision due to legal or procedural errors. The judges on appeal are looking for mistakes which might have changed the verdict. In a appeal, you submit written "briefs" to the court, together with a copy of the trial court transcript and any exhibits that were produced at trial. Oral arguments can be scheduled. Arguments are typically very short in duration, and tend to be academic in nature, focusing on legal issues. In an appeal, the higher court looks for mistakes in the verdict of the trial court. If the higher court finds mistakes in the trial court’s decision, the appeal court may order a re-trial or set aside the conviction.

-------------------------Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney. www.columbus-dui-defense.com

Chattahoochee County, Georgia Criminal Defense Law firm

2010-03-25T08:11:00.000-04:00

Before you hire a Chattahoochee County, Georgia criminal defense law firm, ask for references. Request to be provided with a copy of the attorney’s retainer agreement and have it explained to you before you decide on retaining the lawyer or the attorney’s law firm. A criminal defense attorney will want to know who you are and how you can be contacted. The lawyer can also ask for a personal and business background and any information about your case. The criminal legal system is usually a very frightening thing for anyone in the crosshairs of a prosecutor, this makes it only more important to be represented by a good attorney. Chattahoochee County, Georgia criminal defense law firm will generally charge hourly rates or by a flat fee that must be paid in advance. Rules of professional conduct usually prohibit a lawyer from entering into a contingent fee contract for a criminal action. Rates can be competitive. So it may be a good idea to shop around. However, lawyers with a good reputation in this field tend to charge more. With your freedom possibly on the line, it may be worthwhile to pay more for a lawyer or a law firm with an excellent reputation. Hire a lawyer with at least a few years of experience, and especially one with experience in the type of prosecution you are facing. As criminal cases are many times sorted out by plea agreements with the district attorney's office, it is in your interest that your attorney has a good working relationship with the prosecuting attorney, or to at least have a reputation that commands respect.

-------------------------Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney. www.columbus-dui-defense.com

Outcomes of a criminal charge in Columbus, GA

2010-03-24T04:12:00.000-04:00

Outcomes of a criminal charge in Columbus, GA

The various results of a criminal charge in Columbus, GA includes without limitation: a criminal investigation with no arrest, an arrest but dismissal of the case because of a procedural error committed by the police, an arrest followed by a plea bargain made with the government where the accused pleads "guilty" in exchange for a lower sentence, an arrest followed by a trial where the person is acquitted, 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 unseen 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 a job. 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 previous conviction can play an important role in the outcome of all future criminal charges.

Prior convictions can influence the outcome of a case in Columbus, GA. If you have a previous conviction for felony, you will receive the maximum penalty on the second conviction. Conviction in other states including probated sentence will be treated as prior conviction. Georgia has the three strikes law. Under the three strikes law, any felony will constitute a third strike and therefore may subject a defendant to a term of 25 years to life in jail. On a second felony conviction, the sentence is twice what a single felony conviction would get. Three-strikes is applied after the third conviction and has an uncommonly severe penalty of 25 years to life.

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

www.columbus-dui-defense.com

Columbus, GA Robbery

2010-03-23T04:11:00.000-04:00

Columbus, GA Robbery

In Columbus, GA robbery is the taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear. If convicted for unarmed robbery, you could face a prison sentence of 1 to 20 years based on the circumstances of the robbery and previous convictions. Armed robbery in Columbus, GA has a minimum sentence of ten years without parole. Sometimes, armed robbery conviction can mean the death penalty. The legal meaning of shoplifting differs from state to state, but generally refers to the theft of property that is worth less than $500 and that happens with the intent to deprive the owner of that piece of property. Shoplifting refers to the theft of items from a shop either by sneaking it out of the shop or by switching the tags on an item so as to pay less. When the total value of the goods is below $300 it is a misdemeanor. It is a felony if the total value exceeds $300. In Georgia, the law permits the shop owner or employee to detain an individual suspected of shoplifting till the police reach. The law however does not allow them to conduct a physical search of the suspected individual.

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

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Penalties for repeat DUI Offense in Columbus, GA

2010-03-22T04:10:00.000-04:00

Penalties for repeat DUI Offense in Columbus, GA

For persons who have one previous DUI arrest within the last 5 years, a three year suspension is issued. No license and no “work” permit is permitted for at least eighteen months. The suspension starts on the 31st day following arrest if an administrative appeal is filed and successfully handled. However, these second-time violators can attend a DUI risk reduction program and pay a reinstatement fee and get their license reinstated after eighteen 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 get their license reinstated after 60 months. No “work” permit of any type is permitted for at least 24 months.

In Columbus, GA you are not necessarily guilty if the Breathalyzer says the BAC is more than the permitted limit. There are plenty of defenses to drunk driving charge, and these should be discussed before even considering pleading guilty to DUI or a related drunk-driving charge. It is generally legal to drink and drive, but if the driver is under the influence then it becomes against the law. In different jurisdiction, under the influence is defined differently, but generally it refers to those cases in which the driver is drunk or has taken drugs to such an extent that his mental and physical capacities are impaired and they don’t have the ability to operate the car with the caution characteristic of a sober person under the same or similar circumstances.

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

www.columbus-dui-defense.com

Columbus, GA DUI penalties

2010-03-21T04:09:00.000-04:00

Columbus, GA DUI penalties

In Columbus, GA the police generally use the Breathalyzer to decide the blood alcohol content (BAC). The Breathalyzer monitors a chemical reaction to produce a color change when it detects alcohol. Besides the mouthpiece and sample chamber, it has two glass vials to contain the chemical reaction and a system of photocells connected to a meter. The air is passed through one vial containing a chemical mixture and into another vial. From that vial, it is passed over the photocells so the meter can measure the color change and calculates the BAC.

Individuals who have not had a prior DUI arrest within 5 years are considered to be first offenders according the ALS law in Columbus, GA. The suspension period is 1 year. But, first offenders can seek the following favorable treatment. At the end of the initial 30-day “temporary” driving permit allowed by the form received at the time of arrest, the person can seek and obtain a 30 day “work” permit that allows him/her to drive to work, medical treatment, DUI Risk Reduction Program, College, etc., but no recreational driving. There is a $25 charge for this limited driving permit. Also, if the individual attends and completes a Risk Reduction Course and pays a reinstatement fee ($200 by mail; $210 if done in person), he/she can obtain early reinstatement of his/her license or privilege to drive after the 30 day permit expires.

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

www.columbus-dui-defense.com

Columbus, GA DUI Checkpoints

2010-03-20T04:08:00.000-04:00

Columbus, GA DUI Checkpoints

Planning for drunk driving checkpoints in Columbus, GA must be made by supervising officers and vehicles should only be stopped according to a pre-set pattern. Officers in Columbus, GA may not decide on the fly to set up a roadblock and pick and choose which drivers to screen. The location of drunk driving checkpoints is to be determined by policymakers, considering DUI statistics, and public and officer safety must be of primary importance. Drunk driving checkpoints should be held for limited time, to increase effectiveness and limit intrusiveness. Motorists are to be detained for the least amount of time possible to complete the drunk driving testing. Drivers have to be alerted about police roadblocks by visible warning lights and signs. Law enforcement have to publish in advance the times and locations drunk driving checkpoints will be held. For persons under the age of 18, an alcohol content reading of .04 BAC is the level for per se intoxication at the time of arrest. This means that if you were administered the state's test and the result was .040 or higher, you were driving with an unlawful blood alcohol level.

An alcohol content reading of .04 BAC is the level for per se intoxication for persons with a CDL license who were stopped when operating a commercial vehicle. This means that if you administered the state's test and the result was .040 or higher, you are driving with an unlawful blood alcohol level. If 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 truck 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 prosecution, however, should be able to demonstrate that the test adminstered 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 administered testing and yield a result over .099, you will be charged with driving with an unlawful blood alcohol level. No evidence of "bad driving" or visible signs of impairment is needed for a conviction for this type of DUI in Columbus, GA.

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

www.columbus-dui-defense.com

Columbus, GA Standardized Field Sobriety Testing

2010-03-19T04:08:00.000-04:00

Columbus, GA Standardized Field Sobriety Testing

While a DUI offense involving drugs can be prosecuted by the State although where the drugs are prescribed by a physician, special rules apply to DUI-contraband cases. These charges involve illegal substances like marijuana, cocaine, heroine, etc. in the driver’s blood system. The DUI offense in Columbus, GA is based upon driving while having an unlawful substance in the blood system. Although this issue is currently on appeal, the prosecutor is not currently required to prove impairment due to the illegal contraband drugs in your system. Simple evidence of the presence of a contraband substance or its "metabolites" is sufficient to render a conviction. However, recent case law (Love v. State) holds that if a person has marijuana present in his/her system, the State should demonstrate that the person was rendered incapable of driving safely as a result of using the marijuana.

In, officers in Columbus, GA are trained to look for established "scoring factors" that must be evaluated in deciding whether or not intoxication exists. A finding of intoxication can only happen when sufficient scoring factors are identified. When a single scoring factor is identified, an evaluation is required of a high degree of probability of non-intoxication. When additional scoring factors are identified, probabilities of intoxication are assigned to evaluate test results. If a police 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 provides that the walk-and-turn and one-leg stand test must not be conducted if the suspect is over 50 pounds overweight or has physical impairments that could have an impact on his balance. The manual also states that the walk-and-turn test “requires 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 affecting the manner at which the test was administered and even the technical competence of the officer conducting the test can be challenged by you in a DUI lawsuit in Columbus, GA.

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

www.columbus-dui-defense.com

Columbus, GA Vehicular Homicide

2010-03-18T04:07:00.000-04:00

Columbus, GA Vehicular Homicide

Vehicular homicide in Columbus, GA is an accident that causes in the death of another individual. The dead person may have been in the same vehicle or in another vehicle or a pedestrian. For charging you with vehicular homicide, the police and the prosecution must believe that you were operating the in an illegal manner – under intoxication, speeding, driving extremely recklessly or a wide variety of other illegal actions. The punishment for vehicular homicide range from fines and probation to a year in jail. First degree homicide by vehicle is a felony. A homicide by vehicle is considered as first degree when the driver:
(1) illegally met or overtook a school bus;(2) illegally did not stop after a collision;(3) was driving recklessly;(4) was driving while under the influence of alcohol or drugs;(5) did not stop for, or otherwise was attempting to flee from a law enforcement officer, or (6) had been declared a habitual violator in the past.

First degree homicide by vehicle is punishable by 3 to fifteen years in jail. If the accused had previously been declared a habitual offender, the punishment varies from five to 20 years, and at least 1 year of the sentence should be served.

Second degree vehicular homicide includes all vehicular homicides without intent to kill that involve any other violations of the laws governing the operation of motor vehicles. For instance, a death resulting from a failure to yield to oncoming traffic, speeding, or driving too slowly, unless such constituted reckless driving, can be charged as a homicide by vehicle in the second degree.

Second degree vehicular homicide is a misdemeanor, punishable by prison time for up to 1 year, a fine of up to $1,000, or both. However, at the judge’s discretion, punishment can be suspended or a probation sentence may be awarded.

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

www.columbus-dui-defense.com

Columbus, GA Homicide

2010-03-17T04:06:00.000-04:00

Columbus, GA Homicide

Murder is the crime of intentionally causing another person's death without legal excuse or justification. Murder is a crime that falls under the category of criminal homicide. State and federal laws regarding homicide and murder are the most complicated of all criminal laws in Columbus, GA. The classifications of homicidal and murder offenses are complex but are generally divided into a handful of categories based on severity. There are a certain types of homicide, or murder, that are defined by law in Columbus, GA.

Criminal homicide in Columbus, GA refers to the killing of another individual by gross negligence. As a general rule, any death caused by the gross negligence of another individual is Criminal Homicide. Deaths of persons caused by their own negligence, accidental deaths not resulting from gross negligence, and traffic fatalities will not be classified as criminal homicide.

First degree murder is often referred to as "cold-blooded" murder as it is calculated and done willfully with the intention to kill or do serious harm. Murder in the second degree refers to the crime of murdering in "the heat of passion" that may involve situations where a person acts during a period of intense fear, rage, anger, terror, or fear. Third degree murder is commonly referred to as involuntary manslaughter. Involuntary manslaughter is murder that was not intended specifically by the defendant. Criminal negligence is often the precursor to involuntary manslaughter.

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

www.columbus-dui-defense.com

Columbus, GA Burglaries

2010-03-16T04:05:00.000-04:00

Columbus, GA Burglaries

Burglaries of hotels, motels, lodging houses, or other places where lodging of transients is the main objective can create reporting problems to law enforcement in Columbus, GA. When numerous units under a single manager are burglarized and the offenses are most probably to be reported to the police by the manager and not the individual tenants, the burglary should be reported as a single offense in Columbus, GA. Examples 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 leased to the tenants for a period of time that would preclude the tenancy from being treated as transient, then the burglaries would most likely be reported separately by the occupants. In Columbus, GA these burglaries must be reported as separate offenses. Cases of this latter kind of multiple burglary are 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. During a burglary, entry follows the breaking. In simple terms, it happens when there is physical intrusion into another's dwelling or building by any part of the intruder's body. A momentary intrusion is sufficient. If a thief kicks open a window to get access to a dwelling, the momentary insertion of the foot constitutes an entry. If an instrument is used to gain access to a dwelling, 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 remove something from inside the dwelling, there is an entry sufficient for burglary.

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

www.columbus-dui-defense.com

Columbus, GA DUI charge

2010-03-15T04:04:00.000-04:00

Columbus, GA DUI charge

Across the USA, the most common crime booked in a year, by far, is drunk driving. DUI is serious offence. You can get anything from a warning to jail time. Drunk driving can start as a misdemeanor and escalate into a felonious criminal offense by degree; however, no matter what degree of culpability you face, DUI will turn your world upside-down. But a DUI charge must be proved in a court of law.

DUI is the abbreviation for Driving Under Influence, or drunk driving. It means a person is under the influence of alcohol or other drugs to such an extent that they are incapable of exercising their motor skills. This is not just for the cars or trucks, it is also applicable for driving boats and aircrafts. Drivers in Columbus, GA whose age is 21 or more are deemed to be intoxicated when they are driving with a blood alcohol content or BAC of 0.08% or higher or if they drive under the influence of any intoxicant like legal prescription medications, illegal or restricted substances or any other intoxicants. It is also against the law in Columbus, GA to drive under a significant amount of controlled or illegal substance present in the blood.

A person is not necessarily guilty if the Breathalyzer says the BAC is above the legal limit. There are many defenses to drunk driving charge in Columbus, GA, and these must be explored before even considering pleading guilty to DUI or a related drunk-driving offense. It is generally legal to drink and drive, but if the driver is under the influence then it becomes illegal. In different jurisdiction, under the influence is defined differently, but generally it refers to those cases in which the driver is drunk or has taken drugs and his mental and physical abilities are impaired and they don’t have the capacity to operate the car with the caution generally sober person would operate the vehicle under the same or similar circumstances.

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

www.columbus-dui-defense.com

The Writ of Habeas Corpus

2010-03-14T07:10:00.000-04:00

The Writ of Habeas Corpus

If someone you know has been imprisoned in Muscogee County, GA , contact a criminal attorney
A petition for habeas corpus typically 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 the right can be suspended in times of national emergency.

If 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 schedule a hearing on the petition. When the writ is granted, the writ may be served upon the custodian of the prisoner ordering that the prisoner be produced before court as ordered.

When a writ of habeas corpus is issued, the prisoner will be produced in court at the scheduled date and time. The objective of a hearing on the writ of habeas corpus is not to decide if the prisoner is innocent or not, but is instead to decide whether the legal basis claimed for the imprisonment is lawful. If the imprisonment is illegal, the prisoner should be released. Whether or not detention is lawful, if the charge against the prisoner is valid the prisoner may undergo trial on that charge. For instance, a prisoner can file a petition for habeas corpus alleging detention on the grounds of an unlawfully excessive bail amount, however even if the reviewing court holds the bail amount is excessive and grants 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

2010-03-13T02:09:00.000-05:00

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

2010-03-12T02:08:00.000-05:00

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

Criminal forfeiture in Muscogee County, GA

2010-03-11T02:08:00.000-05:00

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

Muscogee County, GA White Collar Crimes

2010-03-10T02:07:00.000-05:00

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.

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

www.columbus-dui-defense.com

Muscogee County, GA Criminal Defense lawyer

2010-03-09T02:06:00.000-05:00

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.

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

www.columbus-dui-defense.com

Muscogee County, GA Criminal attorney

2010-03-08T02:05:00.000-05:00

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.

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

www.columbus-dui-defense.com

Muscogee County, GA DUI lawyer

2010-03-07T02:04:00.000-05:00

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.

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

www.columbus-dui-defense.com

Muscogee County, GA Marijuana laws

2010-03-06T02:04:00.000-05:00

Muscogee County, GA Marijuana laws

GA, along with the other 49 states, has taken a tough stance in the war on drugs. Georgia’s marijuana rules are tough. The legal effects are perhaps much more severe than you’ve ever imagined. When you’ve charged with a marijuana connected crime, it is important that you choose an attorney experienced in fighting marijuana charges. Selling, buying, using and growing marijuana are all illegal in Muscogee County, GA . If you are convicted of a marijuana offense, you will be sentenced to jail time and a heavy fine. The severity of the sentence differs based on various factors. Quantity is one factor that is considered at the time of determining the sentencing.

A marijuana possession Muscogee County, GA with intent to distribute charge carries some especially severe punishments. This felony crime includes prison term and also fines starting in the thousands. If you have a huge amount of drugs, you could be slapped with this offense even if you had no intention of distributing the drug. In these cases, intent is based on the amount of marijuana in your possession.

Selling marijuana or growing marijuana Muscogee County, GA also results ina harsher punishment. The location of where you are accused of marijuana selling is a vital factor. A conviction for sale of drugs near a school will attract more serious penalties. If you have had one or more prior marijuana convictions, you may spend more time in prison or pay even larger fines.

If you have been charged with a marijuana crime in Muscogee County, GA contact a marijuana defense law firm immediately.

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

www.columbus-dui-defense.com

Muscogee County, GA Marijuana attorney

2010-03-05T02:02:00.000-05:00

Muscogee County, GA Marijuana attorney

Marijuana rules are different in every state. It is important to be aware of the subtle differences. Buying, selling, using or growing marijuana is illegal in all states of the United States. Penalties differ from place to place, but generally include prison sentence, a fine or both. In few states, you may be arrested for just being in a place where you know drug activity is taking place. The severity of the penalty differs based on different factors:
• Quantity - Penalties differ depending on the amount of marijuana recovered from 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 caught selling marijuana near a school will often face severe penalties.

If you're found with marijuana, you could receive a huge fine and/or be sent to jail. If you are caught more than once, or when looks as if you're likely to sell the drug, the punishment is harsher.

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

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

www.columbus-dui-defense.com

The Writ of Habeas Corpus

2010-03-04T07:11:00.000-05:00

The Writ of Habeas Corpus

If someone you know has been imprisoned in Harris County, Georgia , contact a criminal lawyer
The petition for habeas corpus typically has 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.

If the court has been served with a petition for habeas corpus, depending upon the kind of the petition, it may grant a writ, deny the petition, or fix a hearing on the petition. If the writ is granted, the writ may be served upon the custodian of the prisoner ordering that the prisoner be produced before court as directed.
If a writ of habeas corpus is issued, the prisoner will be brought to court at the scheduled 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 instead to decide if the legal grounds claimed for the detention is legal. If the detention is unlawful, the prisoner has to be released. Whether or not detention is lawful, if a charge against the prisoner is valid the prisoner can be subjected to trial on that charge. For instance, the prisoner can file the petition for habeas corpus alleging detention on the grounds of an illegally high bail amount, but even if the reviewing court finds the bail amount is high and grants relief the prisoner would still have to undergo trial on the underlying charge.

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

www.columbus-dui-defense.com

The Habeas Petition

2010-03-03T07:11:00.000-05:00

The Habeas Petition

The petition for habeas corpus requests that the judge issue a writ, requiring that a prisoner be produced before the court at a fixed place, date and time.
In its original use, the petition for habeas corpus was filed to ask that the custodian of a prisoner be directed to produce the prisoner to a county court to testify in a legal proceeding. This function of a petition for habeas corpus still exists, where the prisoner is in the custody of another county or penal system, and the prisoner's presence is required for a lawsuit. Usually, the prisoner will be moved to the local court by the local Sheriff's department, which will be responsible for protecting the prisoner at the time of court proceedings and returning the prisoner to the other jurisdiction at the conclusion of the proceedings. But, when most people 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 on which the prisoner has been detained. This category of writ is usually considered to be an "extraordinary remedy", indicating that the prisoner has exhausted all other remedies of relief or appeal, and no other adequate remedy remains. The writ of habeas corpus may seek relief on grounds not available in direct appeal.

If someone you know has been imprisoned in Harris County, Georgia , contact a criminal law firm.

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

www.columbus-dui-defense.com

Your rights when facing forfeiture in Harris County, Georgia

2010-03-02T07:10:00.000-05:00

Your rights when facing forfeiture in Harris County, Georgia

Defendant’s rights, and the procedure involved in criminal forfeiture, differs substantially from state to state, and even based on the statute you are charged of violating. When you are facing criminal forfeiture of your properties, you may be informed in advance of your prosecution. Many times, criminal forfeiture proceedings will be commenced at the time of, or after conviction.

The procedure in which forfeiture will be handled, and if the proceedings are "criminal" or "civil" in nature, will differ substantially from state to state. It is often advisable to take assistance from a lawyer, if you are facing any kind of forfeiture action.

Civil forfeiture is very much like criminal forfeiture in numerous ways. However, while criminal forfeiture imposes an additional penalty on the property’s owner for the wrongful conduct, a civil forfeiture action is initiated against the property itself. For criminal forfeiture to be initiated, the owner of the property should be convicted of a crime, but civil forfeiture might happen although the owner is acquitted. In some cases, the property owner might not even be charged with a criminal activity. Civil forfeiture actions has to show "beyond a reasonable doubt" that the property has a sufficient relationship to a criminal activity to mandate its forfeiture under the law. Criminal cases must be tried using the much higher standard of, "Guilty beyond a reasonable doubt."

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

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

www.columbus-dui-defense.com

Criminal forfeiture in Harris County, Georgia

2010-03-01T07:09:00.000-05:00

Criminal forfeiture in Harris County, Georgia

Criminal forfeiture in Harris County, Georgia is the seizure your property by the state, because of its relationship to a criminal offense. Forfeiture laws differ from state to state, and might be broader or narrower depending upon the crime committed and the laws of the state. However, usually, criminal forfeiture may be requested if your properties are used in the commission of a criminal offense, or was obtained through an offense.

Criminal forfeiture happens if, after the owner is convicted of a criminal offense, and where forfeiture is permitted under the rules of your state, it is demonstrated that the property has a sufficient relationship to the offense to mandate depriving you of the property rights. For instance, the state can have a rule that gives the court the right to forfeit your car, when you are convicted of DUI. The prosecutor's office can seek forfeiture of your properties even your business or home if you are convicted of particular crimes, like drug trafficking or racketeering.

When you are facing a charge involving likely criminal forfeiture, you may include the issue of forfeiture in the plea negotiations that may take place with the prosecutor.

If you are facing forfeiture in Harris County, Georgia , contact an attorney immediately.

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

www.columbus-dui-defense.com

Harris County, Georgia White Collar Crimes

2010-02-28T07:08:00.000-05:00

Harris County, Georgia White Collar Crimes

"White Collar Crimes" are a type of criminal offenses which usually take place in businesses or corporations, like "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. Such offenses are committed using apparently legitimate businesses. Sometimes the owners of the corporation are involved in the offense, whereas on many occasions the criminal activity is committed by an employee within the corporation, without the knowledge of anyone else.

A corporation in Harris County, Georgia that does not respond appropriately to a criminal activity, or allegations of a criminal activity, may appear to be involved in that offense. Especially if your business is governed by state or federal rules, it is vital to have the appropriate compliance, reporting and investigatory mechanisms, to handle any rumors or reports of illegalities by employees. If the business does not wish to be made responsible for illegal activities, or wishes to diminish the liability, the perfect means of doing so is usually to cooperate with the investigation of the wrongful conduct.

There may also be cases where the business appears to be so heavily associated with the criminal offense that a criminal charge is filed against the corporation itself. This often happens when it appears that the managers and directors of the corporation were so involved in, or so indifferent to, the offense that the entire corporation appears to have tacitly permitted the offense.

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

www.columbus-dui-defense.com

Harris County, Georgia Criminal Defense law firm

2010-02-27T07:07:00.000-05:00

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.

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

www.columbus-dui-defense.com

Harris County, Georgia Criminal law firm

2010-02-26T07:07:00.000-05:00

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.

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

www.columbus-dui-defense.com

Harris County, Georgia DUI law firm

2010-02-25T07:06:00.000-05:00

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.

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

www.columbus-dui-defense.com

Harris County, Georgia Marijuana laws

2010-02-24T07:05:00.000-05:00

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.

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

www.columbus-dui-defense.com

Harris County, Georgia Marijuana law firm

2010-02-23T07:03:00.000-05:00

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.

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

www.columbus-dui-defense.com

The Writ of Habeas Corpus

2010-02-22T04:31:00.000-05:00

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.

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

www.columbus-dui-defense.com

The Habeas Petition

2010-02-21T04:30:00.000-05:00

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.

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

www.columbus-dui-defense.com

Your rights when facing forfeiture in Chattahoochee County, Georgia

2010-02-20T04:29:00.000-05:00

Your rights when facing forfeiture in Chattahoochee County, Georgia

Defendant’s rights, and the process involved in criminal forfeiture, varies significantly from state to state, and even depending upon the statute you are charged of violating. When you are facing criminal forfeiture of your property, you may be given notice in advance of your prosecution. Many times, criminal forfeiture process will be initiated at the time of, or subsequent to conviction.

The manner in which forfeiture will be effected, and whether the proceedings are "criminal" or "civil" in nature, will vary significantly from state to state. It is often advisable to seek advise from a lawyer, if you are facing any type of forfeiture action.

Civil forfeiture is very much like criminal forfeiture in many ways. However, whereas criminal forfeiture imposes an additional penalty upon the property’s owner for the wrongful conduct, a civil forfeiture action is brought against the property itself. For criminal forfeiture to result, the property’s owner ought to be convicted of a crime, while civil forfeiture might occur although the owner is acquitted. In few cases, the property owner may not even be charged with an offense. Civil forfeiture actions must establish "beyond a reasonable doubt" that the property has a sufficient relationship to an offense to justify its forfeiture under the law. Criminal cases should be tried using the much higher standard of, "Guilty beyond a reasonable doubt."

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

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

www.columbus-dui-defense.com

Criminal forfeiture in Chattahoochee County, Georgia

2010-02-19T04:28:00.000-05:00

Criminal forfeiture in Chattahoochee County, Georgia

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

Criminal forfeiture takes place when, after the owner is convicted of a criminal activity, and if forfeiture is possible under the laws of your state, it is proved that the property has a sufficient connection to the crime to mandate depriving the owner of the property rights. For example, your jurisdiction can have a law that provides the judge the right to forfeit your car, when you are convicted of drunk driving. The prosecutor's office can seek forfeiture of your properties including your business or home if you are convicted of particular offenses, such as drug trafficking or racketeering.

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

If you are facing forfeiture in Chattahoochee County, Georgia , contact a lawyer immediately.

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

www.columbus-dui-defense.com

Chattahoochee County, Georgia White Collar Crimes

2010-02-18T04:28:00.000-05:00

Chattahoochee County, Georgia White Collar Crimes

"White Collar Crimes" are a type of crimes which usually happen in businesses or corporations, like "insider trading," "antitrust violations," "computer fraud," "securities fraud," and "money laundering." White collar crimes are non-violent in nature, and often include some form of fraud or dishonesty. Such crimes are committed using apparently legal businesses. Many times the principals of the corporation are involved in the offense, whereas on other occasions the criminal offense is committed by a person within the corporation, without the knowledge of anyone else.

A corporation in Chattahoochee County, Georgia which does not respond correctly to a criminal activity, or allegations of an offense, may appear to be involved in that crime. More so if the corporation is subject to state or federal laws, it is important to have the correct compliance, reporting and investigatory mechanisms, to deal with any rumors or reports of illegalities by employees. When a business does not want to be held responsible for illegal conduct, or desires to reduce the responsibility, the ideal method of doing so is generally to cooperate with the investigation of the inappropriate conduct.

There will also be circumstances where the corporation appears to be so deeply involved in the crime that a criminal charge is filed against the corporation itself. This typically happens when it seems that the management of the corporation were so involved in, or so indifferent to, the criminal activity that the entire business appears to have tacitly permitted the offense.

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

www.columbus-dui-defense.com

Chattahoochee County, Georgia Criminal Defense lawyer

2010-02-17T04:27:00.000-05:00

Chattahoochee County, Georgia Criminal Defense lawyer

General "civil infractions" include "moving violations", for example "speeding" and "failure to yield." Many times people get confused, when they are charged with a traffic misdemeanor, such as having invalid license plates or driving an uninsured automobile, and feel that they are being charged with "civil infractions." Traffic misdemeanors in Chattahoochee County, Georgia will be considered criminal offenses, and can create a criminal record. Many traffic misdemeanors also have "points" which will be added to the defendant's driving record, and some require the revocation of a driver's license. If you are ticketed for a "misdemeanor," the ticket will generally reflect the nature of the charge, and you should to appear in court. If the charge is a "civil infraction," you usually will not have to go to court if you pay a fine by mail.

A defendant facing misdemeanor charges in Chattahoochee County, Georgia has fewer legal rights compared to a defendant charged with a felony. When the defendant does not face imprisonment as a consequence of conviction, he has no right to an attorney. There will be no right to indictment by grand jury, or to a "preliminary examination" to review the basis of the charges filed. In some states, misdemeanor charges are tried before six person juries, but felonies are ordinarily tried before twelve person 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

Chattahoochee County, Georgia Criminal attorney

2010-02-16T04:26:00.000-05:00

Chattahoochee County, Georgia Criminal attorney

A "civil infraction" is not a crime, although it is a charge filed by the state. The state has to prove 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 lesser standard unlike the "proof beyond a reasonable doubt" standard which applies in civil cases. A typical civil infraction is decided by a judge, without a jury, in what is typically a short proceeding.

Some states have a class of "petty offenses," where the defendant can be tried without a jury before a magistrate. Often, the only punishment for a "petty offense" is a fine. But, these offenses can be of a criminal nature.

A "misdemeanor" is a criminal offense, and conviction generally creates a criminal record. Misdemeanors are technically less serious crimes, however the impact of conviction can nevertheless be quite severe. Possible punishments for misdemeanors are imprisonment, probation, fines, and some times driver's license suspensions. Some misdemeanors are classified 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 offenses that can be charged. At times, the distinction between "felonies" and "misdemeanors" seems arbitrary. However, every serious criminal offense such as murder, sexual assault, embezzlement, burglary, robbery, arson, and treason are felonies.

If you have been charged with a crime in Chattahoochee 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

Chattahoochee County, Georgia DUI law firm

2010-02-15T04:25:00.000-05:00

Chattahoochee County, Georgia DUI law firm

Drunk driving occurs when a person is driving an automobile, after consuming alcoholic beverages to such an extent that his ability to drive a vehicle is impaired. Many people charged with drunk driving protest that their driving was alright. 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 can be considered legally "drunk" even if you do not feel that you are in any way influenced by the alcohol you consumed. The permissible limit for blood alcohol in Chattahoochee County, Georgia, is typically 0.08%, although DUI charges are also possible depending on your driving conduct even at a lower BAC.

Additionally, you may be stopped since there is a mechanical fault with your car. When the officer observes you to appear intoxicated (general signs: 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 significantly from state to state. A DUI charge in Chattahoochee County, Georgia may result in a jail sentence. However, almost all first offenders are given lesser penalties, such as driver's license restrictions, 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

Chattahoochee County, Georgia Marijuana regulations

2010-02-14T04:25:00.000-05:00

Chattahoochee County, Georgia Marijuana regulations

Georgia, along with the remaining 49 states, has taken a tough stance in the war on drugs. Georgia’s marijuana laws are tough. The legal consequences are probably far more severe than you’ve ever imagined. If you’ve charged with a marijuana related offense, it is important that you select a lawyer experienced in defending marijuana charges. Selling, buying, using and growing marijuana are all illegal in Chattahoochee County, Georgia . If you are convicted of a marijuana offense, you will be sentenced to jail time and a heavy fine. The severity of the sentence varies based on different factors. Quantity is one factor that is considered during determining the sentencing.

A marijuana possession Chattahoochee County, Georgia with intent to distribute charge carries some especially severe penalties. This felony offense includes prison term as well as fines beginning in the thousands. If you possess a large amount of drugs, you may be slapped with this charge even if you have no intention of distributing the drug. In these instances, intent is based on the quantity of marijuana in your possession.

Selling marijuana or growing marijuana Chattahoochee County, Georgia also results ina harsher punishment. The place of where you are charged of marijuana selling is an important factor. A conviction for sale of drugs near a school will lead to more serious penalties. If you have had one or more prior marijuana convictions, you may spend more time in jail or pay even greater fines.

If you have been charged with a marijuana crime in Chattahoochee County, Georgia 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

Chattahoochee County, Georgia Marijuana law firm

2010-02-13T04:20:00.000-05:00

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

2010-02-12T01:48:00.000-05:00

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

2010-02-11T01:47:00.000-05:00

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

2010-02-10T01:46:00.000-05:00

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

2010-02-09T01:45:00.000-05:00

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

2010-02-08T01:44:00.000-05:00

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

2010-02-07T01:44:00.000-05:00

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.

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

www.columbus-dui-defense.com

Columbus, Georgia Criminal lawyer

2010-02-06T01:43:00.000-05:00

Columbus, Georgia Criminal lawyer

A "civil infraction" is not a crime, although it is a charge filed by the state. The state must establish that you committed a civil infraction by a "preponderance of the evidence," that is to say, that it is more likely than not that you committed the violation. This is a much lesser standard unlike the "proof beyond a reasonable doubt" standard that applies in civil cases. The typical civil infraction is determined by a magistrate, without a jury, in what is often a short proceeding.
Some states have a class of "petty offenses," where the defendant may be tried without a jury before a magistrate. Often, 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 typically creates a criminal record. Misdemeanors are technically less serious offenses, but the consequences of conviction can nevertheless be quite severe. Possible penalties for misdemeanors include imprisonment, probation, fines, and some times driver's license suspensions. 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. At times, the difference between "felonies" and "misdemeanors" appears arbitrary. However, all of the most serious criminal offenses including murder, sexual assault, embezzlement, burglary, robbery, arson, and treason are felonies.

If you have been charged with a crime in Columbus, Georgia , contact a criminal law firm.

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

www.columbus-dui-defense.com

Columbus, Georgia DUI law firm

2010-02-05T01:42:00.000-05:00

Columbus, Georgia DUI law firm

Drunk driving occurs when an individual is driving a vehicle, after consuming alcoholic beverages to such an extent that his ability to drive a motor vehicle is impaired. Most individuals charged with drunk driving protest that their driving was fine. They believe either the officer made up 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 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 Columbus, Georgia, is usually 0.08%, however DUI charges are often possible based upon your driving conduct even at a lower BAC.

Additionally, you might be stopped because there is a mechanical fault with your car. If the officer observes you to appear drunk (usual signs: 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 punishments vary significantly from state to state. A DUI charge in Columbus, Georgia can result in a prison term. But, almost all first offenders are awarded lesser penalties, like driver's license restrictions, fines, mandatory 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

Columbus, Georgia Marijuana laws

2010-02-04T01:41:00.000-05:00

Columbus, Georgia Marijuana laws

Georgia, along with the remaining 49 states, has taken a tough stance in the war on drugs. GA’s marijuana laws are tough. The legal consequences are probably far more severe than you’ve ever imagined. If you’ve charged with a marijuana related offense, it is essential that you choose a lawyer experienced in defending marijuana charges. Selling, buying, using and growing marijuana are all illegal in Columbus, Georgia . When you are convicted of a marijuana offense, you will be sentenced to jail time and a large fine. The severity of the penalty varies based on different factors. Quantity is one factor that is considered at the time of determining the sentencing.

A marijuana possession Columbus, Georgia with intent to distribute charge invites some especially tough penalties. This felony crime includes jail term and also fines starting in the thousands. If you possess a huge amount of drugs, you could be slapped with this charge even if you have no intention of distributing the marijuana. In such instances, intent depends on the amount of marijuana in your possession.

Selling marijuana or growing marijuana Columbus, Georgia also results ina harsher punishment. The place of where you are accused of marijuana selling is an important factor. A conviction for sale of drugs near a school will lead to more serious penalties. If you have had one or more prior marijuana convictions, you will spend more time in jail or pay even greater fines.

If you have been charged with a marijuana crime in Columbus, Georgia contact a marijuana defense law firm immediately.

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

www.columbus-dui-defense.com

Columbus, Georgia Marijuana attorney

2010-02-03T01:39:00.000-05:00

Columbus, Georgia Marijuana attorney

Marijuana rules are different in each state. It is important to know the subtle differences. Buying, selling, using or growing marijuana is illegal all over of the US. Penalties vary from state to state, but usually include jail time, a fine or both. In some states, you can be arrested for merely being in a place where you are aware that drug activity is taking place. The severity of the penalty varies depending on several factors:
• Quantity - Penalties differ depending on the quantity of marijuana found in the person's possession.
• Selling - Penalties are more severe for those intending to sell.
• Growing - Penalties are more severe for those growing cannabis.
• Location - A person caught selling marijuana near a school will typically face severe penalties.

When you're caught with marijuana, you could charged a heavy fine and/or be sent to prison. If you are caught more than once, or if appears like you're going to sell the drug, the punishment is more severe.

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

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

www.columbus-dui-defense.com