Am I Allowed To Protest In Georgia?

The First Amendment allows you to have the right to free speech as well as to protest peacefully (peaceful assembly) and while this is your right; it is important that you understand that the same amendment that allows you the freedom of speech, peacefully protest and address the government with your concerns, also allows law enforcement to maintain reasonable regulations during times of protest.

What Is Considered A “Peaceful Assembly”?

Under the law, peaceful assembly covers a variety of activities. So what actions does it cover?

• Giving and Making Speeches
• Holding peaceful rallies
• The ability to picket
• Passing out flyers
• Collect signatures for your cause

The activities that are allowed under the First Amendment exempt any language the incites violence, intents to cause harm, or violate any laws. Provocative speech or text that instigates violence or harm is illegal.

Where Can I Peacefully Assemble?

Peaceful assembly locations depend on the state and are generally regulated through different local government agencies on the local level. In the state of Georgia, you can generally exercise your right to peacefully assemble on sidewalks, in public parks, and other public locations. In some cases, you may be required to obtain a permit, and not doing so would be illegal.

What You Are Not Allowed To Do

The First Amendment does not protect you if your speech incites, instigates or intends threats of violence, violation of laws, harm and injury to others, and physical violence on persons or property.

Crossing The Threshold Into Illegal Activity

While protesting is allowed and you may follow all of the legal guidelines, there may be specific locality guidelines with respect to hours and locations– and even in the most peaceful of protests, if you violate those local ordinances like permits and curfews or a dispersal order, all of which can cross the threshold into illegal activity, that unlawful activity can lead to your arrest.

Have You Or A Loved One Been Charged With A Crime?

Contact our office today to learn how we may be able to help you.

Drug Charges In Cobb County

There is a punishment range for any drug crimes are determined by the type of controlled substance (the penalty group) involved and the amount involved. There are various classifications and penalties that can range from a misdemeanor to felonies.

Proof Of Possession For Drug Charges in Georgia

To prove the offense of possession of a controlled substance with the intent to deliver, the State must prove, in addition to possession, that the accused intended “to transfer, actually or constructively, to another a controlled substance.” Intent to deliver a controlled substance can be proved by circumstantial evidence, including evidence regarding an accused’s possession of the contraband.

Defense Strategies for Drug Charges & Drug Crimes

Although every case is different, your defense strategy for challenging your drug crime charges will depend on:
Investigations surrounding the circumstances of your drug charges and arrest. Did the police have reasonable suspicion to pull you over or search your house? An argument for unlawful search and seizure can be made in many cases. If a judge finds that the police seized evidence in violation of your constitutional rights, the evidence will be suppressed and your case will be dismissed.

Evaluating The Charges

Evaluating the nature of the drug charges. Whether or not you were actually in possession of illegal drugs turns on whether you exercised care, custody, or control over them. In many cases, the police cannot establish affirmative links between the seized controlled substance and the person accused of possessing them.
Why Do You Need a Defense Lawyer For Drug Charges?

If you are in Cobb County or surrounding counties and have been charged with possession of a controlled substance, or possession of a controlled substance with intent to deliver, you will need an experienced Drug Charges Defense Attorney.

Get Help With Your Cobb Drug Charges Today

Contact an experienced drug defense lawyer to provide you with legal advice and representation in a Georgia court of law.  We have handled drug cases like yours and will be able to create a strategic drug charge defense for your case. Contact our office today for assistance.

Are There Defenses To Reckless Driving?

Did you receive a citation for reckless driving in Georgia? Not only could you be facing charges, but you may also have to deal with the expansive cost of added penalties. So what defenses might your criminal defense attorney use to defend you?

You Were Not Driving The Car

First things first, in order to be convicted of reckless driving, Cobb County law enforcement must actually prove that you were the driver of the vehicle. In common practice, law enforcement would testify that when they approached the vehicle, you were the individual sitting on the driver’s side of the car.

This may seem cut and dry, however, in the event of a motor vehicle accident, lines get blurred and it is entirely possible that the officer was mistaken as the vehicle may have been vacated prior to the officer’s arrival. In this case, it is possible that law enforcement did not witness the actual accident.

If you and your passenger were taken from the scene for medical care, no one would have been in the driver seat at the time of the officer’s observations of the accident scene. Any information received may have come from a witness and that can be challenged.

Improper Calibration Of Radar Equipment

Law enforcement must attest to the fact that their equipment has been properly cared for, maintained, and correctly calibrated and working at the time it was used and resulted in a stop.  Your attorney will be able to question law enforcement about how accurate their equipment is and it is possible that the result of that radar scan may not go on the record.  Law enforcement does a great job of enforcing the law however, they may not have a technical team supporting preventative maintenance and repairs on their equipment, therefore, it is not likely that they can answer your attorney’s questions in a manner that would harm you, in other words, the radar can be challenged in court and may be successful.

Urgent Family Matter

Every family will face an emergency and in those times of need, one may operate a vehicle with an urgency that is liable to result in a reckless driving charge.  If you were en route to a medical facility or another emergency, you may be able to find some legal reprieve as it provides a reasonable explanation for the urgency of your speed and the reckless driving.

Contact an Attorney

Reckless driving is not a simple speeding ticket, it \is a mile more previous and can be accompanied with added fines and penalties.  It is important to understand how to defend yourself.  Get compassionate and experienced legal guidance, call our office today.

A law enforcement officer pulling you over is a jarring experience to say the least. Regardless of how old you are or how long you have been driving, the physical act of being pulled over by a police siren and flashing lights is nothing to look forward to. Here’s what you need to know about what you can and cannot do during a traffic stop.

Do Not Dispose Of Anything By Tossing It Out Of The Car Door Or Window

First, it should go without saying; when you have been pulled over and have reached the stop point, do not open your car door. The latter is for your own safety. You may feel the need to open the car door and step out to speed the process up, or simply attempt to do it out of habit. Refrain from opening the car door, the same goes for opening the car door to toss a wrapper or the like, it can wait.

Likewise, there is no need to pull down your window to throw anything away, be it a gum wrapper or a toothpick. Any sudden movement on your behalf and you will draw unnecessary suspicion to yourself regardless of whether it is warranted or not. Once you have pulled into the shoulder or a safe space, the only thing you need to be doing is waiting patiently for the officer to initiate communication.

Stay Calm And Leave Your Hands On The Wheel

Law enforcement will approach your vehicle at their leisure, those few seconds or even minutes may seem like a lifetime. However long the officer takes to get to your vehicle, you need to have your hands visibly on the wheel so as to show cooperation as well as for your own safety. Once the officer instructs you to roll your window down (if you have not already done so) he or she will provide further instructions. License and Registration will likely be requested, at that point you can as to retrieve your documents. It is important to let the officer know that you are reaching in your back pocket, purse, glove compartment, etc. The officer needs to feel safe as you move within your vehicle.

Less Is More

Law enforcement may try to fish information out of you. It is not your job to prove to the officer that whatever his or her suspicion is of you is correct. Whether he or she suspects that you are driving under the influence or are impaired in anyway, that is the officer’s job to prove. They may ask you various questions in order that you may disclose something that can later be used against you. You can tell the officer that you do not wish to comment and this answer of course is to be utilized with common sense. You do need to be cordial and cooperative but not to your own detriment.

Do Not Resist

You will often have hear or seen a movie where the person that is pulled over tells the officer that they do not wish to have their vehicle searched. In some respects, this is true, you can decline a vehicle search but law enforcement may claim to have probable cause. In this case, an officer may actually go ahead and search your vehicle. Make sure that you let the officer know that you do not consent to the search but do not resist the search. The same is true if law enforcement decides to arrest you. You must remain calm and cordial and not resist for your own safety and for the future of your criminal case as well.

Cobb Criminal Defense has experience handling traffic related offenses including, DWI, DUI and the like. Should you be facing criminal charges, it’s important to speak to a qualified criminal defense attorney as soon as possible. For immediate assistance, contact our office today.

Have you been accused of reckless driving in Cobb County?

Reckless driving is a serious and often costly offense. In addition to facing criminal charges, you may also be subjected to hefty fines, penalties and even jail time.  Your charges will ultimately depend on the circumstances surrounding your case.  Was there alcohol or controlled substances involved? Were there children in the car? Aside from a reckless driving charge, there may often be additional charges resulting from the initial stop.  

Defend Yourself Against Reckless Driving Charges In Georgia

It is important you equip yourself with the information that you will need in order to defend yourself.  It is vital to speak to a Criminal Defense Attorney immediately to begin mounting your defense strategy.  So how can you defend yourself against Reckless Driving Charges in Georgia?

Let’s look at some options for your defense

You were not the operator of the motor vehicle in question.

The burden of proof rests on law enforcement.  Law enforcement must provide evidence that you were actually in the driver’s seat and the officer would have to testify as such.  If your reckless driving charge was a result of a driving incident or accident, the likelihood that the officer actually saw you behind the wheel is not likely at all. In fact, it can be argued that you were not in control of the vehicle.

Improperly Calibrated Radar

Often, law enforcement may interpret speeding as Reckless Driving.  The fact is that you don’t know what law enforcement officers will be on the road or what their individual perception of Reckless Driving is despite any pre-requisites in the law for what constitutes Reckless Driving.  A speeding ticket, while serious, may not be as grave as an actual Reckless Driving charge.  If a police officer utilized any form of radar equipment, the burden of proof is on them to show that that equipment has been continuously maintained, updated, and calibrated correctly.

It can be argued in your favor that the equipment was not properly calibrated and requesting an expert from the police department to testify can be quite a disturbing tool to use in your defense. Often, an officer has not had extensive training or re-training on calibrating the radar, nor did they build the equipment and it is very likely that they will not be able to answer questions as to how the atmosphere or general weather (wind, precipitation, etc.) could have affected their readings.

Contact Cob Criminal Defense

It is critical that you understand that a Reckless Driving charge in Cobb County or in the state of Georgia for that matter is NOT the same as a speeding ticket.  This is a serious offense and you will need a serious defense.  Call my office today and learn how I can help you fight these charges.

Were you arrested for Marijuana Possession in Georgia?

There are various fines and penalties associated with a possession charge, all of which depend on the level of offense and quantity of possession. In the state of Georgia, Marijuana is considered a controlled substance and is governed by Georgia Code 16-13-1. While there are states in the US that are moving towards legalizing Marijuana, often for medicinal purposes, in the state of Georgia, the possession of Marijuana constitutes a crime. 

Personal Use & Driving Under The Influence Of Marijuana

Regardless of whether you have marijuana on your person for personal use, or have been pulled over and have been found to be under the influence of marijuana, you can be charged with a crime.  Driving under the influence of Marijuana is considered a DUI Charge and carries serious fines and penalties.

What Are The Penalties For Marijuana Possession?

In the state of Georgia, there is no difference between possessing marijuana for personal use or possessing marijuana with the intent to distribute it. For the purpose of allocating your charges and sentencing you, one class of possession is not different than the other. Possession is possession regardless of the purpose.

Quantity In Possession

If you are found with up to ten pounds of marijuana, you can be charged with a felony charge and face a possible sentence of up to ten years in jail.  The sentence, fines, and penalties are incremental with add-on offenses and can be more severe if:

• there is a minor involved
• the offense occurred in a drug-free zone
• if this is a subsequent offense
  

Trafficking 

If you are found with over ten pounds of marijuana this would be considered trafficking in marijuana. The punishment is incremental to the quantity involved.  As the quantity increases, so too do the fines, penalties and jail time. In most cases, there will be mandatory prison sentencing and fines that can be tens of thousands of dollars.

Get Help For Your Defense

Your future depends on your defense.  Get ahead of your charges by getting a foothold on your defense.  Speak to Cobb Criminal Defense today and begin fighting your charges. Your future may depend on your Criminal Defense.  Call now.