Your Rights When Accused of Internet Sex Crimes in Georgia

In recent years, the Internet has become a platform for communication and interaction. However, it has also opened doors to illegal activities, including internet sex crimes. Suppose you find yourself in Georgia facing accusations related to internet sex crimes. In that case, it’s essential to have a clear understanding of what they entail, the applicable laws, and the potential charges you might face.

Internet sex crimes encompass various illegal activities that involve the use of digital communication platforms. These crimes aim to protect individuals, especially minors, from exploitation, harm, and sexual abuse.

Child Pornography

Engaging in the creation, distribution, possession, or accessing of explicit sexual material involving minors through digital means is a serious offense. Georgia has strict laws to combat child pornography and protect vulnerable individuals.

Online Solicitation of a Minor

Initiating or attempting to initiate sexual conversations, grooming, or soliciting sexual acts with a minor through online platforms falls under the category of online solicitation. It is essential to understand that even if you believe you are communicating with a minor willing to engage in sexual activities, the law does not excuse such behavior.

Internet Luring

This offense involves using the internet to entice or lure individuals, especially minors, into engaging in illegal sexual activities. It includes activities such as arranging meetings for sexual purposes or coercing someone into sexual acts through online communication.

Georgia’s legal system takes internet sex crimes seriously, and prosecutors vigorously pursue these cases. The penalties for convictions can include imprisonment, fines, mandatory registration as a sex offender, and long-term consequences for your personal and professional life.

Asserting Your Right to Legal Representation

When facing accusations of internet sex crimes in Georgia or any other criminal offense, asserting your right to legal representation is crucial. The right to legal counsel is a fundamental principle of the justice system that ensures fairness and protects your interests throughout the legal process.

Why is Legal Representation Crucial in Sex Crimes Cases?

Understanding the Complexities

Sex crime cases, including those related to the internet, can be legally intricate and emotionally challenging. A knowledgeable attorney experienced in sex crimes cases will have the necessary understanding of the laws, regulations, and precedents relevant to your situation. They can help you comprehend the legal complexities and navigate the legal system effectively.

Protecting Your Rights

An attorney specializing in sex crimes cases will uphold your constitutional rights. They will safeguard your right to a fair trial, protect you from self-incrimination, and ensure that any evidence against you is obtained legally and presented properly in court. Your attorney will be your advocate, fighting to ensure your rights are respected at every stage of the proceedings.

Developing a Strong Defense Strategy

A skilled lawyer will assess the unique circumstances of your case, examine the evidence presented by the prosecution, and formulate a strong defense strategy tailored to your situation.

Choosing a Lawyer Experienced in Sex Crimes Cases

Selecting the right attorney is crucial to your defense. Here are some factors to consider when choosing a lawyer experienced in handling sex crimes cases:

Expertise and Experience

Look for a lawyer who specializes in sex crimes defense and has a track record of successfully handling similar cases.

Reputation and Credentials

Research the attorney’s reputation and credentials. Look for reviews, testimonials, and case results to get a sense of their professional standing.

Clear Communication

Effective communication is vital in any legal relationship. Choose a lawyer who can clearly explain complex legal concepts, keep you informed about the progress of your case, and address your concerns promptly.

Don’t hesitate to seek legal representation as soon as possible when facing accusations of internet sex crimes in Georgia.

The Right to a Fair Trial: What it Means for the Accused

The right to a fair trial is a fundamental principle of justice that applies to all individuals accused of crimes, including internet sex crimes. It ensures that the accused has the opportunity to present their case fairly and impartially, with the goal of reaching a just outcome.

One of the key aspects of a fair trial is the presumption of innocence. This means that the accused is considered innocent until proven guilty, and the burden of proof rests with the prosecution.

In cases of internet sex crimes, where evidence can be digital in nature, it becomes essential to ensure that the evidence is obtained legally and is admissible in court. This protects individuals from arbitrary or wrongful convictions based on improperly obtained or unreliable evidence.

The impact of a fair trial on the outcome of an internet sex crime case can be significant. If the right to a fair trial is upheld, it promotes justice and safeguards against potential abuses of power. It allows for a rigorous evaluation of the evidence, ensuring that only reliable and relevant information is considered. This can prevent wrongful convictions and protect the rights of the accused.

Investigation Process in Internet Sex Crimes

The investigation process for internet sex crimes involves several steps aimed at gathering evidence and identifying the perpetrators.

Complaint Or Suspicion

The investigation often begins with a complaint or suspicion of an internet sex crime. This could come from a victim, a concerned individual, or even law enforcement agencies monitoring online activities.

Evidence Gathering

Law enforcement agencies may employ techniques such as undercover operations, digital forensics, and online surveillance to gather evidence. They may monitor online activities, track IP addresses, or seize electronic devices for analysis.

Search Warrants And Arrests

If law enforcement believes they have sufficient evidence, they may obtain search warrants to seize additional evidence from your residence or digital devices. If they have probable cause, they may also make arrests.

Rights During The Investigation

It is essential to be aware of your rights during this process. You have the right to remain silent and avoid self-incrimination. It is advisable to consult with an attorney before speaking with law enforcement to ensure your rights are protected.

Challenging Evidence

Your attorney can review the evidence collected during the investigation to identify any potential violations of your rights. They may challenge the legality of the evidence if it was obtained through improper procedures or violated your constitutional protections.

Case Evaluation And Charging Decision

After the investigation, the prosecuting attorney will evaluate the evidence to determine whether to file charges against you. The decision may depend on the strength of the evidence, the seriousness of the offense, and other factors.

Drawing Parallels: Rights in Drug Offense Cases

Both individuals accused of internet sex crimes and those facing drug charges are entitled to the presumption of innocence. They both have the right to legal representation, ensuring they can have a defense attorney to navigate the legal process, understand their rights, and present their case effectively.

However, there are some differences in the rights afforded to these individuals.

In internet sex crimes, the collection and examination of digital evidence play a significant role, requiring specialized forensic expertise. On the other hand, drug offenses typically involve physical evidence such as drugs, paraphernalia, or surveillance evidence. The methods of evidence collection and analysis can differ significantly.

There may be variations in the severity of penalties and public perception. Drug offenses can carry substantial sentences and have long-lasting consequences. At the same time, internet sex crimes, particularly those involving the exploitation of minors, are considered highly reprehensible and can face intense public scrutiny. These differing perceptions may influence how the accused are treated throughout the legal process.

Rights-Based Defense Strategies

Exercising your rights when accused of internet sex crimes in Georgia is crucial for a strong defense. By scrutinizing the evidence collection process, your attorney can challenge any procedural errors or violations of your constitutional rights. This includes filing motions to suppress unlawfully obtained evidence, such as through illegal searches or seizures.

Another important aspect is investigating the credibility of witnesses. Your right to confront witnesses allows your defense attorney to delve into their backgrounds, biases, and motivations, uncovering any inconsistencies that may undermine their credibility. By cross-examining witnesses, your attorney can expose discrepancies and cast doubt on their reliability.

Each case is unique, and implementing rights-based defense strategies will depend on the specific circumstances. Consulting with an experienced attorney will help you navigate the legal process and employ effective strategies to protect your rights and advocate for your innocence.

The Role of Constitutional Rights in Criminal Cases

Constitutional rights are vital in safeguarding the rights of individuals facing criminal accusations, encompassing offenses such as internet sex crimes and drug-related charges. These rights serve as a protective shield, ensuring fair treatment and due process within the legal system.

Fourth Amendment Rights

The Fourth Amendment protects individuals from unreasonable searches and seizures. In cases of internet sex crimes or drug offenses, law enforcement must adhere to proper search and seizure protocols, obtain warrants when required, and demonstrate probable cause. This safeguard prevents arbitrary invasions of privacy and ensures that evidence is obtained lawfully.

Fifth Amendment Rights

The Fifth Amendment safeguards several important rights. The right against self-incrimination allows individuals to remain silent during interrogations, protecting them from being compelled to provide potentially incriminating statements. The right to due process ensures that individuals are treated fairly throughout the legal process, with access to a fair trial, legal representation, and protection against double jeopardy.

Sixth Amendment Rights

The Sixth Amendment guarantees various rights for individuals accused of crimes. It includes the right to a speedy and public trial, the right to confront witnesses, the right to call witnesses in their defense, and the right to legal representation. These rights are crucial in building a robust defense, challenging the prosecution’s case, and ensuring a fair and balanced trial.

Eighth Amendment Rights

The Eighth Amendment prohibits cruel and unusual punishment. It protects individuals accused of crimes, including internet sex crimes and drug offenses, from being subjected to excessive bail, fines, or cruel treatment while in custody. It ensures that the punishment imposed is proportionate to the offense committed.

Frequently Asked Questions

Can I Be Arrested Without Any Evidence Of An Internet Sex Crime?

In order to make an arrest, law enforcement typically needs some form of evidence or probable cause linking you to an internet sex crime. Arrests are typically made based on a reasonable belief that a crime has been committed.

What Are The Potential Penalties For An Internet Sex Crime Conviction In Georgia?

The penalties for an internet sex crime conviction in Georgia can vary depending on the offense. They may include imprisonment, fines, probation, mandatory sex offender registration, and restrictions on the Internet and personal freedoms. The severity of the penalties depends on the nature and severity of the offense.

What Is The Statute Of Limitations For Internet Sex Crimes In Georgia?

The statute of limitations for internet sex crimes in Georgia varies depending on the offense. In general, serious offenses such as child exploitation may have longer or no statute of limitations, while lesser offenses may have shorter limitations. It is crucial to consult with an attorney to understand the statute of limitations relevant to your case.

How Can I Gather Evidence To Support My Defense In An Internet Sex Crime Case?

Building a strong defense requires collecting relevant evidence. You can start by preserving any electronic records, such as emails, chat logs, or social media conversations, that may be relevant to your case. It’s essential to work closely with your attorney, who can help guide you through the process and gather evidence that supports your defense strategy.

The age of the alleged victim is a critical factor in determining whether a crime has occurred. If the alleged victim was of legal age and consenting to any activities, it may serve as a defense against certain charges. However, it’s important to note that there may still be other factors or offenses that could be applicable, so consulting with an attorney is crucial to understand the specific circumstances and potential legal consequences.

Can I Be Charged With An Internet Sex Crime If I'm A Victim Of Hacking Or Identity Theft?

If you are a victim of hacking or identity theft, you generally cannot be charged with an internet sex crime. Being a victim of such offenses does not make you liable for the actions committed by the perpetrator. However, it is crucial to promptly report the hacking or identity theft to the appropriate authorities and gather any evidence that supports your innocence.

Dealing with Legal Charges for Internet Sex Crimes? We're Here to Help!

Facing legal charges for internet sex crimes in Georgia can be overwhelming, but understanding your rights is essential. At Cobb Criminal Defense, we specialize in helping those who have been wrongly accused. Our extensive experience lies in representing innocent men who face charges related to sexually based offenses. While society may be quick to judge, we understand that everyone is innocent until proven guilty.

Top 10 Most Common Domestic Violence Crimes and How to Seek Help

Domestic violence, also known as intimate partner violence, is a serious issue in the U.S. and around the world. Affecting millions of both men and women, domestic violence crimes include many different forms.

While you likely are familiar with the subject of domestic violence, the statistics are shocking: over 12 million people in the U.S. alone are a victim of it.

Whether it’s physical, sexual, or economic, domestic abuse often goes unreported and is a largely misunderstood area. This article outlines ten of the most common forms of domestic violence, as well as what to do if you’ve been a victim.

Types of Domestic Violence

While statistics vary depending on the country or population surveyed, here are the most frequent forms of domestic violence crimes.

Physical Abuse

Physical abuse involves any sort of physically aggressive behavior or attack, withholding physical needs (such as food), or the threat of doing so.

This type of abuse is often the first that comes to mind when one thinks of domestic violence, since it is the most difficult to hide. Slapping, choking, hitting, spitting, and even murder—these are forms of abuse intended to render domestic violence victims powerless. Nearly one person every 20 seconds is physically abused by an intimate partner in the United States.

Sexual Abuse

Sexual abuse involves non-consensual or exploitative sexual activity. About 1 in 5 women and 1 in 12 men have experienced sexual violence by an intimate partner.

Some examples of forms of sexual abuse are unwanted sexting, non-consensual touching, and rape. Having previously had consensual sex with a partner does not prevent them from perpetrating sexual abuse, either.

Emotional Abuse

While harder to define than violent crimes due to their non-physical nature, emotional abuse is a serious and common form of domestic violence. It is typically defined as any behavior that exploits someone’s vulnerability or insecurity and can often be as damaging (if not more) than physical abuse.

Emotional abuse usually involves undermining the domestic violence victim’s confidence or psychological well-being and can include any of the following:

  • Distorting one’s sense of reality (aka gaslighting)
  • Ridiculing or insulting
  • Humiliating a partner in public or private
  • Threatening to end a relationship
  • Threatening to harm the victim or oneself

Forcing a victim to take drugs or alcohol

Financial Abuse

Financial abuse is a form of intimate partner abuse that often goes unnoticed. It happens when the abuser controls the victim’s money and prevents them from having financial independence.

Ranging from denying a partner any control over the household’s finances to denying them the ability to work and earn their own wages, it is especially common in the elderly. Seniors may have their signatures forged or funds misappropriated from their pension or bank accounts.

Stalking

Stalking is another pervasive form of domestic abuse, having affected 10% of women and 2% of men. Domestic violence laws define it as the act of maintaining proximity to another person that causes reasonable fear for their safety.

With the rise of internet communication and social media, stalking can also involve cyberstalking—a relatively new form of harassment. Many victims have been pursued by former partners to the extent that they require restraining orders. A victim may even have a restraining order against the stalker already, who pursues them in violation of protective orders.

Isolation

Isolation is a form of abuse used to control the victim by keeping them away from friends or family members. However, isolation may also be a coping mechanism used by a victim of other forms of domestic violence: for instance, one may self-isolate to hide evidence of physical abuse.

By keeping the victim isolated, the abuser may manipulate their worldview and attempt to frame their abuse as “normal.” The isolation can increase over time to the point at which the victim is completely deprived of their social support system.

Controlling

Controlling is a form of abuse used to maintain dominance over a victim. As it overlaps with many other forms of domestic abuse, it is a core issue in domestic violence as a whole.

Often subtle and challenging to pinpoint, controlling relationships can be severely damaging. Some types of controlling behaviors include:

  • Monitoring one’s phone calls or texts
  • Forcing one to dress or behave a certain way
  • Arriving unexpectedly to check up on the victim
  • Invading one’s privacy

Making the victim believe they are incapable of managing certain functions on their own

Spiritual Abuse

Spiritual abuse can involve sexual, physical, or emotional abuse and occurs in the context of a relationship between an abuser with purported spiritual or religious authority over the victim.

For instance, a spiritual abuser might exhibit controlling behavior, shame, or violence under the guise of justification by their chosen religion. Spiritual abuse occurs not only within religious institutions but also in personal relationships

Parental Abuse

Domestic violence isn’t only limited to romantic or sexual partners—it can also occur between family members. Although it is sometimes referred to as household violence, it is closely related to other forms of domestic violence.

Parental abuse includes any form of physical, emotional, or sexual abuse of a child, as well as neglect or failure to act. Parental abuse of a child is also often accompanied by abuse of a spouse.

Domestic Violence Crimes Coupled with Pregnancy

Although not its own category of domestic crime, intimate partner abuse involving pregnancy is widespread and damaging to both the mother and fetus. Abuse may be pre-existing in the relationship or can arise with pregnancy, and the effects can be both physical and psychological.

Forms of abuse involving pregnancy include:

  • Birth control sabotage
  • Forced pregnancy or abortion
  • Physical abuse directed at a woman’s belly or elsewhere

Depending on the case, physical abuse can increase or decrease during pregnancy. In fact, in instances where it decreases, some victims become pregnant as a means of self-defense.

How to Seek Help for Domestic Abuse

If you’ve been a victim of domestic abuse, it is essential to first ensure your own safety. Whether you want to contact authorities, pursue a protective order, or simply speak to someone about your options, resources like the National Domestic Violence Hotline can provide confidential help.

If you need help with a domestic violence case, contact Cobb Criminal Defense today for a free consultation. Our attorneys have years of experience and will help you seek justice.

What Parents Should Know About Juvenile Defense in Georgia

Legal issues involving your child can be a frightening experience for any parent. The good thing for the juvenile system in Georgia is its focus on rehabilitation rather than punishment. The goal is to provide appropriate interventions and support to address the underlying issues that may have contributed to the child’s involvement in delinquent behavior. 


The system recognizes that juveniles have the capacity for growth and positive change, emphasizing the importance of providing them with opportunities for rehabilitation and a chance to reintegrate into society successfully.


This blog aims to provide parents with valuable insights into the juvenile defense process in Georgia and how they can support their child throughout this challenging journey.

An Overview of Cocaine Laws in Georgia

One important way parents can contribute is by actively participating in their child’s defense strategy. They should promptly seek the assistance of an experienced juvenile defense attorney who can guide them through the legal process and provide the necessary expertise.

Parents should create a safe and supportive environment where their child feels comfortable discussing their feelings and concerns. Parents need to listen attentively, validate their child’s emotions, and reassure them that they are not alone in this process.

Parents should also encourage their child’s participation and engagement in their defense. They can help their child understand the legal proceedings, explain their rights, and involve them in decision-making whenever appropriate.

Parents can positively impact their child’s case by maintaining open communication, empowering their child, and actively involving them in legal proceedings. This involvement helps the child cope with the stress and anxiety that come with the legal process.

By working closely with a criminal defense attorney, parents can help gather relevant information about their child, such as their background, personal history, and any factors that may have contributed to the offense.

Understanding Drug-Related Juvenile Offenses

In Georgia, juveniles may face various drug-related offenses that can have serious legal consequences. Parents need to understand these offenses, their potential outcomes, and the significance of a strong defense strategy. a

Common Drug-Related Offenses

Possession Of Drugs

Juveniles can be charged with possession if they are found to have illegal substances, such as marijuana, cocaine, or prescription drugs, without a valid prescription.

Drug Distribution Or Sale

If a juvenile is involved in the selling or distribution of illegal drugs, they can face charges related to drug trafficking or drug sales.

Drug Paraphernalia

Possession of drug-related paraphernalia, such as pipes, bongs, or syringes, can lead to charges, even without actual drugs being present.

Potential Legal Outcomes

The legal outcomes for drug-related juvenile offenses vary depending on the circumstances and the severity of the crime, including:

Adjudication and probation

In less severe cases, juveniles may be placed on probation, which involves supervision, counseling, and compliance with certain conditions set by the court.

Diversion programs

Instead of traditional court proceedings, juveniles may be eligible for diversion programs, which focus on rehabilitation. Completion of these programs could lead to the dismissal of charges.

Secure or non-secure confinement

The court may order the juvenile to serve time in a secure or non-secure juvenile detention facility for more serious offenses.

Transfer to adult court

In some instances, depending on the age of the juvenile and the severity of the offense, the court may choose to transfer the case to the adult criminal justice system, leading to potential adult penalties if convicted.

Importance of a Solid Defense Strategy

A well-crafted defense strategy may involve challenging the evidence presented by the prosecution, exploring potential, probable constitutional violations, or seeking alternatives to incarceration.

The goal is to mitigate the consequences and provide the juvenile with an opportunity for rehabilitation and a fresh start.

Having a solid juvenile defense strategy is essential because drug-related offenses can seriously impact a juvenile’s life. A conviction can lead to long-term consequences such as a criminal record, difficulty obtaining employment, limitations on educational opportunities, and damage to personal relationships.

A strong defense can minimize these negative impacts and help the juvenile move forward in a positive direction.

Decoding the Georgia Juvenile Justice System

The system recognizes that children and teenagers are still developing and that their actions can be influenced by factors such as their environment, peer pressure, and family dynamics.

Instead of simply punishing them, the focus is on addressing the underlying causes of their behavior and helping them make positive changes.

Upon entering the system, the young person undergoes an assessment process to determine their needs and risks. This evaluation considers their background, educational history, mental health, and potential substance abuse issues. The assessment helps determine the appropriate level of intervention and support required for rehabilitation.

Navigating Juvenile Court Procedures

Understanding the juvenile court procedures can help alleviate the anxiety and confusion often associated with this challenging process, ensuring that parents can provide their children with the necessary support and guidance.

Step 1: Arrest or Referral

The juvenile court process usually begins with an arrest by law enforcement or a referral from a school, social services agency, or concerned individual.

Step 2: Intake

During this stage, a probation or intake officer assesses the case’s seriousness and determines the appropriate course of action. They may conduct interviews, collect information, and evaluate the potential need for diversion programs or counseling.

Step 3: Detention Hearing

This hearing aims to determine whether the juvenile should be released or held in a secure facility pending further proceedings. Parents or guardians should attend this hearing to provide support and information to the court.

Step 4: Arraignment

At the arraignment hearing, the juvenile appears before a judge and is informed of the charges filed against them. They have the opportunity to enter a plea, which can be “guilty,” “not guilty,” or “no contest.” The judge may also set conditions for release if the juvenile is not detained.

Step 5: Adjudication

The adjudication phase is similar to a trial in an adult court. During this stage, evidence is presented, witnesses are called, and the prosecution and the defense make arguments. The judge decides whether the juvenile is “delinquent” (guilty) or “not delinquent” (not guilty).

The Path to Rehabilitation for Juvenile Offenders

When a juvenile offender, especially one involved in drug-related offenses, enters the rehabilitation process, it’s essential for parents to understand their role in supporting their child’s recovery.

Assessment and Individualized Plan

Upon entering the rehabilitation process, the juvenile will undergo a comprehensive assessment to identify their needs, strengths, and areas requiring intervention. 

Based on this assessment, an individualized rehabilitation plan will be developed.

Counseling and Treatment

Juvenile offenders may receive individual therapy, group counseling, or specialized treatment programs to address their substance abuse issues. Parents can support their children by encouraging active participation in counseling sessions and ensuring attendance and compliance with the recommended treatment programs.

Education and Skill Development

Parents should collaborate with the rehabilitation team to meet their child’s educational needs. This may involve working with school officials to address academic challenges, advocating for necessary support services, and encouraging their child’s active engagement in educational activities.

Family Involvement and Support

Parents can actively participate by attending family therapy sessions, engaging in open and supportive communication with their children, and providing a stable and nurturing home environment.

Defending the Legal Rights of Your Child

Juveniles have specific rights that are designed to protect them during legal proceedings. One crucial right is the right to legal representation. Parents can help ensure this right is upheld by contacting a qualified attorney specializing in juvenile law.

The attorney can guide the parents and the child through the legal process, explain their rights, and provide appropriate legal advice. Another fundamental right for juveniles in Georgia’s justice system is to be treated fairly and impartially.

Parents can play a vital role in ensuring this right by advocating for their child and ensuring their child’s voice is heard. They can gather evidence or information supporting their child’s case and provide it to their attorney.

Parents should also familiarize themselves with the specific laws and procedures relevant to their child’s case, as this knowledge can help them identify any potential violations of their child’s rights.

Parental Responsibilities and Supporting Your Child

Parents play a critical role in supporting their child’s well-being and navigating the complex legal process when a child is involved in the juvenile justice system.

Providing Emotional Support

Reassure your child that you are there for them, offering love, understanding, and encouragement. Listen to their concerns, validate their emotions, and help them cope with the stress and uncertainty they may be experiencing. Show them that you believe in their potential for growth and change.

Collaborating with Defense Attorneys

Work closely with your child’s defense attorney. Stay in regular communication to understand the legal process, the defense strategy, and court hearings or meetings. Share all relevant information with the attorney to ensure they comprehensively understand your child’s situation.

Understanding the Rehabilitation Process

Educate yourself about the rehabilitation process and the available programs and services for juvenile offenders. Engage with probation officers, counselors, and other professionals in your child’s rehabilitation.

Frequently Asked Questions

What Common Offenses Juveniles May Be Charged With In Georgia?

Juveniles in Georgia can be charged with a range of offenses, similar to adults. However, the legal process and consequences may differ. Some common crimes for which juveniles may be charged in Georgia include:

 

  • Theft
  • Drug offenses
  • Assault
  • Vandalism
  • Underage drinking
  • Traffic offenses
How Long Does A Juvenile Defense Case Typically Take In Georgia?

The duration of a juvenile defense case in Georgia can vary significantly depending on various factors, such as the case’s complexity, the severity of the alleged offense, and the availability of resources. Some cases may be resolved quickly, while others may take several months or longer. It is advisable to consult with an attorney for a more accurate estimate based on the case’s specific circumstances.

Can A Juvenile's Record Be Expunged In Georgia?

Yes, under certain circumstances, a juvenile’s record can be deleted in Georgia. The Georgia Juvenile Code allows for expunging juvenile records in cases where the charges were dismissed or the juvenile was acquitted. Consult with an attorney to understand the eligibility criteria and process for expungement in Georgia.

Can A Juvenile Be Placed In A Foster Home Or Group Home As Part Of Their Sentence In Georgia?

Yes, as part of their sentence, a juvenile in Georgia can be placed in a foster or group home. When determining the appropriate disposition for a juvenile offender, the court considers factors such as the best interests of the juvenile and public safety.

At what age is a person considered a juvenile in Georgia?

The age of juvenile jurisdiction in Georgia applies to individuals alleged to have committed delinquent acts or offenses while under 17. The specific age of juvenile jurisdiction can vary between jurisdictions. It may be subject to changes in legislation, so it’s advisable to consult the relevant state laws or legal professionals for the most up-to-date information.

Is Your Child Facing Juvenile Charges For A Criminal Offense?

At Cobb Criminal Defense, our team of seasoned juvenile law attorneys is dedicated to providing the best representation for your child. With our expertise and experience, we will thoroughly evaluate your child’s case, strategize a strong defense, and work tirelessly to secure the best possible outcome.

Understanding the Consequences of a DUI Conviction in Georgia

DUI is a serious offense that can result in life-altering consequences. Whether it’s a one-time mistake or a recurring problem, getting behind the wheel while intoxicated is not only dangerous but also carries severe legal implications. In the state of Georgia, where road safety is a top priority, the aftermath of these convictions can have a major impact.

What is a DUI?

Commonly referred to as driving under the influence or driving while intoxicated (DWI), it occurs when a person operates a vehicle while impaired by alcohol, drugs, or a combination of both. It is considered a grave offense due to the increased risk of accidents, injuries, and fatalities.

DUI Laws in Georgia

DUI laws are in place to protect public safety, discourage impaired driving, and hold individuals accountable for their actions. 


In Georgia, the general legal 
limit for blood alcohol concentration (BAC) is 0.08% for individuals aged 21 and above.

For drivers under the legal drinking age of 21, Georgia has a zero-tolerance policy. Any detectable amount of alcohol (BAC above 0.00%) can lead to a DUI charge.

Commercial drivers, including school bus drivers, are subject to stricter BAC limits. For those holding a commercial driver’s license (CDL), the legal BAC limit is 0.04%.New Paragraph

Georgia’s Implied Consent

Implied consent means that if you operate a vehicle on roads, you automatically give your consent to chemical testing if a law enforcement officer suspects you of driving under the influence of substances. This includes breath, blood, or urine tests to determine your blood alcohol concentration (BAC) or the presence of drugs in your system.

If you are lawfully arrested for drunk driving and refuse to undergo chemical testing, your driver’s license may be automatically suspended for a specific period of time.

The duration of the suspension can vary depending on factors such as the circumstances surrounding the arrest and any same previous incidents on your record.

Your refusal to take these tests can be used as evidence against you in Georgia court. Prosecutors may argue that your refusal indicates a consciousness of guilt or an effort to conceal evidence of impairment.

How Does the Legal Process in DUI Charges Work?

When a law enforcement officer suspects a driver of being under the influence, they may conduct several tests to gather evidence for a drunk driving charge.

These tests typically include field sobriety tests, breathalyzer tests, and blood tests.

Field Sobriety Tests (FSTs)

Field sobriety tests are physical and cognitive tests administered by police officers to assess a driver’s coordination, balance, and mental acuity. The three standardized field sobriety tests recognized by the National Highway Traffic Safety Administration (NHTSA) are the Horizontal Gaze Nystagmus (HGN), Walk and Turn (WAT), and One-Leg Stand (OLS) tests. There are other non-standardized tests that officers may use as well.

Breathalyzer Tests

In Georgia, breathalyzer tests are commonly used to estimate a driver’s blood alcohol concentration (BAC). The driver blows into the device, which measures the alcohol content in their breath to estimate their BAC. 

The most commonly used device is the Intoxilyzer 9000. However, breathalyzer devices have their limitations and can produce inaccurate results if not calibrated or administered correctly.

Blood Tests

In certain cases, law enforcement may request a blood test to determine BAC or the presence of drugs. Blood tests are considered more accurate than breath tests.


DUI Checkpoints in Georgia

DUI checkpoints, also known as sobriety checkpoints, are temporary roadblocks set up by law enforcement to detect impaired driving. Drivers are generally required to stop and provide their driver’s license, vehicle registration, and proof of insurance.

What are the Drivers’ Rights?

1. Right to Remain Silent

You have the right to remain silent and not answer any questions beyond providing your identification and documents. It is generally advisable to be polite and cooperative with law enforcement while exercising your rights.

2. Right to Refuse Tests

You have the right to remain silent and not answer any questions beyond providing your identification and documents. It is generally advisable to be polite and cooperative with law enforcement while exercising your rights.

3. Right to Refuse a Search

Unless law enforcement has probable cause or you provide consent, you have the right to refuse a search of your vehicle.

4. Right to Legal Assistance

If you are arrested at a sobriety checkpoint, contact a DUI defense lawyer as soon as possible to protect your rights and receive proper guidance throughout the legal process.


The Legal Consequences of a DUI Conviction

Being found guilty of driving under the influence can result in fines, possible jail time, license suspension, and mandatory participation in a DUI program. The severity of the penalties can vary depending on factors such as prior convictions, blood alcohol concentration (BAC), and aggravating circumstances.

CALL A LAWYER! 

Penalties for First-time and Repeat Offenses

OffenseLicense SuspensionFineJail Time
First OffenseUp to 1 Year$300 to $1,00024 hours to 1 year
Second Offense3 Years$600 to $1,00072 hours to 1 year
Third Offense5 Years$1,000 to $5,00015 days to 1 year
Fourth Offense and Beyond10 Years$1,000 to $5,0001 to 5 years

Additional Consequences

1. Ignition Interlock Device (IID)

Repeat DUI offenders may be required to install an IID in their vehicles. This device measures BAC and prevents the vehicle from starting if alcohol is detected. Offenders are responsible for the cost of installing and maintaining the IID.

2. Increased Auto Insurance Rates

A conviction can result in significantly higher auto insurance premiums or even policy cancellation. Securing affordable insurance coverage may become challenging.

3. Criminal Record

A drunk driving sentence in Georgia results in a permanent criminal record, which can have long-term consequences for employment opportunities, professional licenses, and other aspects of life.


Effects Of An Accident While Driving Under The Influence

If this offense involves an accident, the consequences become even more severe. Additional charges may be filed, including:

Serious Injury by Vehicle

If the driving under the influence accident causes serious injuries to another person, the offender can face charges of “Serious Injury by Vehicle,” which carries harsher penalties.

Vehicular Homicide

In the tragic event that the accident results in someone’s death, the offender can be charged with “Vehicular Homicide” or “Homicide by Vehicle,” leading to severe legal penalties, including lengthy prison sentences.

Effective Defense Strategies for DUI Cases

If you’re facing an impaired driving charge in Georgia, it’s essential to understand that you have legal rights and options for building a strong defense. 


One common strategy is challenging the initial traffic stop. If the police did not have a valid reason to 
pull you over, any evidence collected afterward might be considered inadmissible in court. 


Another approach is questioning the accuracy and reliability of field sobriety tests and breathalyzer results. These tests are not always accurate and can be influenced by factors like medical conditions or improper administration. 


A skilled DUI lawyer can carefully examine the specifics of your case to identify any weaknesses in the prosecution’s evidence. They can negotiate with the prosecution on your behalf, seeking a plea bargain where you might plead guilty to a lesser charge or receive a reduced sentence.

Legal Options and Programs Available for Offenders

Throughout the process, it’s important to have legal advice to protect your rights and present a strong defense. A criminal defense lawyer can guide you, advocate for your interests, and help achieve the best possible outcome in your case.

DUI Diversion Program

Georgia offers a DUI Intervention Program. This program provides an alternative to traditional sentencing for first-time DUI offenders who meet specific criteria. Some key aspects of the diversion program include:

Eligibility

This program is generally available to individuals charged with a first-time offense without aggravating factors such as accidents involving injuries or fatalities. Each jurisdiction may have specific criteria, so consulting with a defense lawyer is essential.

Requirements

Participants in the diversion program must complete various components, including substance abuse treatment, education programs, community service, and regular court appearances.

Benefits

Successful completion can result in reduced charges, dismissal of the impaired driving charge, or a lesser sentence. It provides an opportunity to address underlying issues related to substance abuse and may offer a path to restoring driving privileges.

Do You Need Assistance with DUI Charges?

The legal consequences, such as fines, license suspension, probation, and potential jail time, can significantly impact your life. The long-term effects, such as having a criminal record, increased auto insurance rates, and the stigma, should not be underestimated.

 

If you have been charged with intoxicated driving, it is strongly recommended that you seek legal representation from a qualified DUI defense lawyer.

These lawyers are experienced in dealing with the intricacies of the legal system. They will carefully examine the evidence against you and develop effective defense strategies to defend you.

Being convicted of a DUI offense can have lasting consequences, but with the right legal guidance, you can improve your chances of mitigating the penalties, preserving your driving privileges, and moving forward with your life. Don’t hesitate to reach out to a defense lawyer who can provide the necessary support and representation during this challenging time.

Frequently Asked Questions

Can I Travel Out Of State With A DUI Conviction In Georgia?

Yes, you can generally travel out of state with a DUI conviction in Georgia, but there may be restrictions and requirements you need to comply with. It’s advisable to consult with your legal representative to ensure compliance with any imposed conditions.

 

How Long Will I Need To Have An Ignition Interlock Device Installed In My Vehicle?

The duration for having an ignition interlock device installed in your vehicle in Georgia depends on factors such as the DUI offense and any prior convictions. Generally, it can range from four months to several years.

Will A DUI Conviction In Georgia Affect My Professional License?

It can potentially impact your professional license. Some licensing boards consider DUI convictions as grounds for disciplinary actions. It’s recommended to review the regulations of your specific licensing board or consult with legal counsel for accurate information.

Can A DUI Conviction In Georgia Affect Child Custody Or Visitation Rights?

Yes, a DUI conviction in Georgia can potentially affect child custody or visitation rights. Family courts consider various factors, including a parent’s behavior and safety record, when determining custody and visitation arrangements. A DUI conviction may be considered as a factor affecting the best interests of the child.

What Is The Duration For A DUI Conviction Remains On My Driving Record In Georgia?

In Georgia, a DUI conviction typically stays on your driving record for 10 years. During this period, the conviction will be visible to law enforcement, courts, and other authorized entities that have access to your driving record.

How Long Will My License Be Suspended For A DUI Conviction In Georgia?

The length of license suspension for a DUI conviction depends on several factors, including prior DUI offenses. Generally, for a first offense, your license may be suspended for a minimum of 120 days up to one year.

Will A DUI Conviction In Georgia Affect My Ability To Get A Security Clearance?

Yes, a DUI conviction in Georgia can potentially affect your ability to obtain or keep a security clearance. A DUI conviction indicates a violation of the law and can raise concerns about an individual’s judgment, reliability, and trustworthiness. It may impact the evaluation of your character and could be seen as a risk to national security. While a single DUI conviction may not automatically disqualify you, it can lead to a closer examination of your suitability for a security clearance.

Don't Face Drug Charges Alone - Call Cobb Criminal Defense Now For Expert Legal Representation!

Don’t take any chances with your future. Instead, take action now by calling us for expert legal representation. Our skilled attorneys have years of experience defending clients against drug charges, and we know what it takes to win. When you work with us, you’ll have a dedicated legal team on your side, fighting tirelessly to protect your rights and achieve the best possible outcome.

So why wait? Don’t face these charges alone. Take control of your situation. We’ll be there for you every step of the way, providing the support and guidance you need to get through this difficult time. Contact us today, and let’s work towards a brighter future together.

A Beacon of Hope: How Legal Aid Can Help with Georgia Drug Distribution Charges

Drug distribution charges are some of the most severe offenses and can result in serious legal, personal, and professional consequences. These charges include possession with intent to distribute, federal drug trafficking charges, and drug distribution collaboration. They carry harsh penalties, including mandatory minimum sentences and hefty fines.

Navigating the complex legal system can be daunting, and having a knowledgeable criminal defense attorney can significantly improve the chances of a successful defense.

In this blog post, we’ll explore the crucial role that legal aid plays in defending against drug distribution charges in Georgia.

Georgia Drug Laws

Georgia, like every state in the US, has strict laws when it comes to drug-related offenses. If you are facing distribution charges, it’s important to understand the laws and sentencing guidelines that you could potentially face. 

It has a wide range of drug-related laws, but the most common charges involve possessing and distributing illegal drugs. Possession is a criminal offense, but the penalties for distribution charges are more severe.

What is a Drug Distribution?

Distribution is the sale, delivery, or possession with the intent to sell drugs, including marijuana, cocaine, heroin, and other controlled substances. If caught committing this crime, you could face a prison sentence, a hefty fine, or both. The severity of the penalties depends on the aggravating factors, such as:

  • Type and quantity of the drug involved
  • Location of the offense
  • Amount distributed
  • Intent behind the distribution
  • Your criminal history

Controlled Substances

Controlled substances are drugs and other substances strictly regulated by the government due to their potential for abuse, dependence, or addiction. 

The Georgia Controlled Substances Act includes five schedules that classify controlled substances. Substances are placed in their respective schedules based on whether they have a currently accepted medical use in treatment, their relative abuse potential, the likelihood of causing dependence when abused, and their abuse can lead to serious health consequences and even death.

Sentencing Guidelines in Georgia

Judges have discretion when it comes to sentencing and can choose to sentence you to the minimum or maximum sentence allowed by law.

The sentencing guidelines for drug-related offenses are complex, but here is a basic breakdown of the penalties you could face:

These are just the minimum mandatory sentences, and judges can impose a longer sentence if they see fit. If you are convicted of a drug-related offense, you could face other penalties, such as probation, community service, and drug treatment programs.

The Role of a Criminal Defense Attorney in Drug Distribution Cases

Drug distribution charges in Georgia are severe offenses that can result in life-changing outcomes. It’s essential to hire an experienced criminal defense attorney to protect your rights and advocate for the most favorable result.

Protecting Your Rights

One of the primary roles of a criminal defense attorney is to protect your constitutional rights. They will ensure that law enforcement officers do not violate your Fourth Amendment rights during the investigation and arrest. They will also ensure that your Fifth Amendment right against self-incrimination is protected during any questioning by law enforcement or prosecution.

The Fourth Amendment is a part of the United States Constitution that protects individuals from unreasonable searches and seizures by the government. Law enforcement officials cannot search a person’s property or belongings without a warrant or probable cause.


The Fifth Amendment is another part of the United States Constitution that protects individuals from self-incrimination and double jeopardy. This means that individuals cannot be forced to testify against themselves in a criminal case and cannot be tried twice for the same crime. The Fifth Amendment also includes the right to due process of law, which guarantees that individuals cannot be deprived of life, liberty, or property without a fair and impartial legal process.

Evaluating the Evidence

A skilled criminal defense attorney will evaluate the evidence against you, including any search and seizure evidence, witness testimony, and any statements you may have made to law enforcement. They will review all aspects of the case and identify any weaknesses or inconsistencies in the prosecution’s case. They may also investigate the credibility of witnesses or challenge the admissibility of certain pieces of evidence.

Defense Strategies for Drug Distribution Charges

There are several defense strategies that a criminal defense attorney may use to defend. One common strategy is to challenge the evidence against you. If the evidence was obtained through an unlawful search and seizure in Georgia, it may be deemed inadmissible in court. Similarly, if the prosecution’s case relies heavily on the testimony of a witness, your attorney may attempt to discredit that witness by questioning their credibility.


Another defense strategy is to negotiate a plea deal with the prosecution. Your attorney can work with the trial to reach a favorable agreement, such as reduced charges or sentencing. They will ensure that the terms of the agreement are fair and in your best interest.

Representing You in Court

If your case goes to trial, your criminal defense attorney will represent you. They will present your defense strategy, cross-examine witnesses, and make opening and closing arguments to the judge or jury. They will also work to ensure you receive a fair trial and that your rights are protected throughout the legal process.

Can Help Access Legal Aid

Not all have the financial means to hire a private criminal defense attorney. In such cases, individuals may be able to access legal aid services. These services provide legal assistance to those who cannot afford to pay for a private attorney. Nonprofit organizations, government agencies, or bar associations may offer them. Remember that everyone has the right to legal representation, regardless of their financial situation.

Plea Bargaining and Civil Asset Forfeiture in Georgia

If you currently face allegations of drug distribution, you may wonder about your options for resolving the case. Two common legal strategies that may come into play are plea bargaining and civil asset forfeiture.

Plea Bargaining

Plea bargaining is a process where the defendant and the prosecution work out a deal to resolve the case without going to trial. The defendant will agree to plead guilty or no contest to a lesser charge or accept a reduced sentence in exchange for the prosecution dropping or reducing more severe charges. 

One of the primary benefits of plea bargaining is that it can result in a quicker resolution of the case than going to trial. It can also result in reduced charges or sentencing for the defendant  and can avoid the risk of facing federal drug trafficking charges. However, plea bargaining has potential drawbacks, such as having to admit guilt and potentially facing long-term consequences like a criminal record.

Plea bargaining may not always be an option in every case. The prosecution must agree to the deal, and the defendant must be willing to accept the terms.

Civil Asset Forfeiture

Civil asset forfeiture is a process where law enforcement can seize assets they believe were involved in or obtained through criminal activity. Law enforcement agencies can file a civil forfeiture action against the assets, even if the owner of the assets has not been convicted of a crime.

Civil asset forfeiture can significantly impact those accused of drug distribution. The assets that can be seized may include cash, vehicles, real estate, and other property. Challenging a civil forfeiture can be complex and time-consuming, and getting the assets returned may not be easy.

A criminal defense attorney can help you evaluate the strengths and weaknesses of your case and advise you on the best course of action. They can also work to negotiate a favorable plea bargain or challenge a civil forfeiture.

Alternatives to Traditional Sentencing: Drug Court and Rehabilitation Programs

The prospect of going to jail can be overwhelming when facing these charges. However, alternatives to traditional sentencing can provide defendants with a second chance and the tools they need to turn their lives around.

Drug Court in Georgia

Drug court is a specialized program designed to help nonviolent drug offenders overcome their addiction and avoid future criminal behavior. Instead of going through the traditional criminal justice system, eligible defendants may be able to participate in drug court as an alternative.

Drug court aims to provide defendants with treatment, support, and accountability as they work toward recovery. Participants in drug court must attend regular court appearances, drug testing, and counseling sessions. They may also be required to complete community service and other rehabilitative activities.

The benefits of drug court include the opportunity to avoid jail time, the chance to receive addiction treatment, and the possibility of having charges dismissed or reduced upon successful program completion.

Rehabilitation Programs for Drug Offenders

Rehabilitation programs for drug offenders focus on addressing addiction and providing recovery support. These programs may be offered in various settings, such as in-patient facilities, outpatient clinics, or community-based programs.

The benefits of these programs for drug offenders are many. Participants have the opportunity to receive treatment and support for addiction, which can help them overcome their struggles and improve their overall quality of life. They may also be able to avoid jail time and have charges dismissed or reduced upon successful completion of the program.

The Impact of Drug Distribution Charges on Personal and Professional Life

The impact of these charges on personal and professional life is far-reaching and goes beyond the legal consequences. One major area affected is personal relationships. False allegations or being found guilty of this crime can strain relationships with family and friends, causing betrayal, disappointment, and anger. In some cases, loved ones may distance themselves or even end the relationship altogether. Moreover, child custody and visitation arrangements can be negatively affected, which can be incredibly challenging for individuals who have children and wish to maintain strong bonds with them.

A conviction can make it challenging to secure future employment, particularly in industries that require background checks, security clearances, or drug testing. It can also jeopardize current work, as employers may choose to terminate or suspend an employee pending the criminal case’s outcome. This can result in financial hardship, mainly if dependents rely on the individual’s income.

Additionally, there is the issue of social stigma. Being labeled a “drug dealer” or “criminal” can lead to judgment and discrimination from others within the community, even after completing rehabilitation or serving time. This social stigma can make it difficult to rebuild a life after a conviction, affecting the ability to find housing, establish new relationships, or access necessary resources.

Second Chances and Overcoming the Stigma of Drug Addiction

Everyone makes mistakes, and those convicted of drug distribution should have the opportunity for a second chance. This means recognizing that addiction is a disease and treating it as such. Rather than simply punishing individuals, we should provide access to treatment that can help them overcome their addiction and avoid reoffending.

Drug addiction is a disease that affects millions of people around the world. However, many individuals hesitate to seek help due to the stigma surrounding addiction. Stigma can make accessing resources and support difficult and impact personal relationships and employment opportunities.

Essential Tips For Overcoming The Stigma Of Drug Addiction

Ultimately, It’s important to recognize that addiction is a disease, not a choice. Individuals who have struggled with addiction deserve empathy and support as they work to overcome their addiction and rebuild their lives.

Frequently Asked Questions

Can I Be Charged With Drug Distribution If I Only Intended To Share Drugs With Friends?

Sharing drugs with friends can potentially lead to drug distribution charges. The specific circumstances and laws in your jurisdiction will determine whether such actions are considered drug distribution or other related offenses. It is important to consult with legal aid to understand the specific laws in your area.

Is Drug Distribution Considered A Felony Offense?

Yes, drug distribution is typically considered a felony offense. The severity of the offense and the penalties can vary depending on factors such as the type and quantity of drugs involved, the person’s criminal history, and other aggravating factors.

 

Legal aid can play a crucial role in advocating for individuals who believe they have been wrongfully accused of drug distribution. They can investigate the case, gather evidence, challenge the prosecution’s claims, and ensure that the accused person’s rights are protected throughout the legal process.

 

Can I Be Charged With Drug Distribution If The Drugs Were Found In My Residence But Not In My Possession?

Yes, you can potentially be charged with drug distribution even if the drugs were found in your residence but not in your immediate possession. In many jurisdictions, the concept of constructive possession applies, which means that if the drugs are found in a location under your control, such as your residence, you can be held responsible for their presence. Consult with legal aid to understand the laws and potential defenses applicable to your situation.

How Long Does A Drug Distribution Investigation Typically Last?

The duration of a drug distribution investigation can vary significantly depending on various factors, such as the complexity of the case, the resources available to law enforcement, the number of individuals involved, and the extent of the alleged drug distribution network. Some investigations can be concluded within a few weeks or months, while others may take several months or even years to complete.

When Is It Appropriate To Negotiate A Plea Bargain For Drug Distribution Charges?

The decision to negotiate a plea bargain for drug distribution charges depends on the specific circumstances of the case and the advice of legal counsel. Generally, plea bargaining may be considered when the evidence against the accused is strong, the potential penalties upon conviction are severe, or when there are other factors that make it advantageous to pursue a plea agreement instead of going to trial.

Don't Face Drug Charges Alone - Call Cobb Criminal Defense Now For Expert Legal Representation!

Don’t take any chances with your future. Instead, take action now by calling us for expert legal representation. Our skilled attorneys have years of experience defending clients against drug charges, and we know what it takes to win. When you work with us, you’ll have a dedicated legal team on your side, fighting tirelessly to protect your rights and achieve the best possible outcome.

So why wait? Don’t face these charges alone. Take control of your situation. We’ll be there for you every step of the way, providing the support and guidance you need to get through this difficult time. Contact us today, and let’s work towards a brighter future together.

2022 Sex Crime Laws and Penalties in Georgia You Should Know

Sex crimes in Georgia - Law and order

There’s a good chance Law & Order SVU was your first introduction to the world of sex crimes in Georgia, much like Grey’s Anatomy is to doctors. In reality, there’s more to it. For instance, Georgia has some of the most stringent laws in the country regarding those responsible for sexual crimes.

Even if the accused is not a sexual predator, a conviction for a felony sexual offense may require them to register as one of Georgia sex offenders for life.

The societal stigma associated with being listed as a sex offender is unsettling. Almost anyone has online access to a person’s name, photograph, and private information about their background or previous experiences. Add the difficulty of house hunting to the list.

To shed more light on the law and penalties of sexual crimes in Georgia, the definitions and punishments for aggravated sodomy, sexual battery, rape, and impermissible sexual contact in Georgia will be covered in this article.

Present Status Quo of Sex Crimes in Georgia

Georgia has a gender-specific rape law that only applies to male-on-female crimes. By engaging in sexual activity with a woman against her will and consent, a man commits the crime of rape, and no, this doesn’t exclude a spouse.

There are numerous sexual crimes in Georgia. Depending on elements like your age, the alleged victim’s gender, and which body parts were involved in the alleged sex act, you may face different sexual charges.

Formal registration as a sex offender is frequently required of anyone found guilty of a sex offense. Among the crimes that require registration as a condition of punishment are rape, child molestation, child pornography, sex trafficking, incest, and sodomy.

Different Types Of Rape Cases in Georgia

You might wonder, “Is rape a felony?”, in light of news accounts of people being accused of rape and getting off with little to no punishment. Well, it is in Georgia!

According to Georgia law code 16-6-, a man having “carnal knowledge” of “a female forcibly and against her consent” constitutes rape in Georgia.

“Carnal knowledge” – what is it? It refers to the “penis’ penetration of the female sex organ, the vagina. So only non-consensual penile-vaginal sex is considered rape in Georgia. Another definition of forced rape is when a male has sexual contact with a female under ten.

Here’s more detail on different charges of rape in Georgia;

• Statutory rape

Logically and by law, children are unable to consent to sex formally. Even if the youngster consents to the action, anyone who has sex with a person under 16 may be charged with statutory rape. Case-in-point, a man is having sex with a ten-year-old.

Georgia’s statutory rape statutes vary depending on the victim’s and the offender’s ages. A felony is committed when the victim is at least 14 years old, the offender is 18 years old or younger, and there is a 4-year age gap between them.

The crime cited above is still a felony but has a lighter sentence since the offender is 18 and 20 (but not more than four years older than the victim).

When a person under the age of 16 and an adult who is 21 years old or older conduct statutory rape, full statutory rape penalties are imposed. Statutory rape is a crime that can be charged against both men and women.

• Aggravated Sodomy

Sodomy refers to anal or oral sexual intercourse. It is described as buggery performed against the victim’s will and under coercion involving one person’s sexual organ and another person’s mouth or anus (for example, anal sex or oral sex).

Therefore, if the offender engages in sodomy against a child under 10, that is considered aggravated sodomy. Adults engaging in non-commercial, consensual activity without any financial gain are not considered to be committing the felony of sodomy.

Sexual Battery

The purposeful insertion of a foreign object into another person’s anus or sexual organ without that person’s consent constitutes the crime of aggravated sexual battery. A finger is an example of a foreign object; for this charge, a penis is not a foreign object.

Making purposeful physical contact with another person’s private areas without that person’s consent is another example of sexual battery. “intimate parts” refers to a woman’s genitalia, buttocks, inner thighs, and breasts.

If sexual battery is done against a person who is at least 16 years old, it is a misdemeanor violation.

Penalties For Different Sex Crimes in Georgia

Penalties for Sex Crimes in Georgia

Penalties for sexual offenses largely rest on the severity of the conduct. In the instance of statutory rape, the age difference between the parties decides the penalty for sexual crimes, such as sexual battery and rape.

The bulk of sexual assaults in Georgia also necessitate mandatory registration as a sex offender, in addition to jail time and financial penalties.

Let’s dig into more details:


• Penalty for Rape

Life without parole in prison; Life in jail; Life in prison with a minimum period of 10 – 25 years and a maximum term of life on probation—no death penalty.


• Penalty for Sodomy (Felony)

1–20 years behind bars and lifetime probation.


• Penalty for Serious Sexual Battery

Life in jail; Life in prison with a minimum period of 25 years and a maximum term of life on probation


• Penalty for Sexual Assault (Misdemeanor)

First offense (misdemeanor) against a victim who is 16 years old or older, prison time of up to 12 months, and a fine of up to $5,000 1–5 years in jail for a second crime against a victim who is 16 years of age or older. 1–5 years in prison for any felony offense against a minor (under 16).


• Penalty for Statutory Rape (Felony)

At least 18-year-old offenders who are at least four years older than the victim but under 20 years old: 1 to 20 years in jail.

Offenders above the age of 21: 10 to 20 years in jail.


• Romeo & Juliet: Statutory Rape Penalty (Misdemeanor)

The victim must be at least 14 years old, and the offender must be under 18 and no more than four years older than the victim.

In such cases, a “stay away” order, probation, up to 12 months in jail, and fines.


Sex Crime Attorney

An Experienced Sex Crimes Attorney Is The Best Defense

The testimonies of the alleged victims and the accused defendant are frequently the deciding factor in rape and sexual offense cases.

Therefore, working with a skilled criminal defense attorney in “his word against hers” cases is crucial to building solid defenses against these severe criminal charges.

If you’re looking for where to get legal representation by a sex crimes lawyer, or you feel you were wrongly accused of a Georgia sex crime, contact Cobb Criminal Defense to secure your future, today!

Falsely Accused Of A Crime: What You Can Do

It is important to remember that just because a person has been accused of a crime, it does not mean they are guilty. From revenge to jealousy to mistaken identity, there are many reasons why someone may falsely accuse another person of a crime.

False allegations can be devastating to your personal and professional life, and more severe charges can even lead to jail time, loss of custody of your children, and more. If you have been falsely accused of a crime, there are things you can do to protect yourself and your reputation.

The attorneys at Cobb Criminal Defense are here with a comprehensive guide to help if you’ve been accused of a crime you didn’t commit.

falsely accused of a crime

What are False Allegations?

False allegations are accusations of a crime that have been made without any evidence to support them. These charges can be dismissed if the defendant and his defense attorney can prove you’ve been wrongly accused.

If your accuser is proven to be lying, it may lead to serious penalties for the accused, including jail time, fines, and a criminal record. It is important to remember that just because you have been accused, it doesn’t mean you are guilty.

There are a few different types of false allegations we encounter in our legal practice:

  • Malicious prosecution is a false accusation made with the intent to harm the accused. This may include lying to the police or purposely fabricating evidence.
  • Slander is the act of making a false statement about someone that damages their reputation. Slander can be spoken, written, or even gestured.
  • False accusation of sexual assault is a serious crime that can lead to jail time and other penalties. This type of allegation can be difficult to fight, as there is often little evidence to support the accuser’s story.

What are the Most Common Types of False Allegations?

There are many different crimes a person can be falsely accused of, but some of the most common include:

Often, the people making these charges are family members, friends, or co-workers of the accused. It is important to remember that just because someone is close to you, they are not always going to have your best interests at heart.

These are all very serious charges. If you have been falsely accused of any of these crimes, it is important to contact an experienced criminal defense attorney as soon as possible.

What to Do If You Are Falsely Accused?

If you have been falsely accused of a crime, the first thing you should do is schedule a consultation with an experienced criminal defense attorney.

Your attorney will help you gather evidence to support your innocence and protect your rights. He or she may also be able to negotiate with the prosecution to get the charges against you dismissed.

You should also:

  • Stay polite. It is important to remain respectful to the authorities and your accuser. While it’s normal to feel angry and frustrated, your reactions and words could potentially be used to paint a negative picture in court.
  • Organize any records or evidence you have to prove your innocence. This could be anything from witness statements to emails or text messages and proof of an alibi. These records could be used as evidence to help win your case.
  • Keep a detailed journal of everything that has happened since you were accused. Include contact information for witnesses, the date and time of any conversations you had with the people involved, a timeline of events, and any other important information.
  • Make sure to get a copy of any records related to the case, including police reports, witness statements, and medical records. Your attorney may be able to use these to prove your innocence and get the charges dismissed without going to trial.
  • Stay calm and positive, and remember that you are innocent until proven guilty.
what not to do when accused of a crime

What You Should NOT Do If You’ve Been Accused of a Crime?

There are also some things you should avoid doing if you’ve been falsely accused of a crime:

Do not speak to the police or anyone else about the case without your attorney present. Remember, anything you say can and will be used against you. Instead, try to be patient while you wait for your day in court.

Do not discuss the allegations with anyone besides your attorney. Talking to friends, family, or the media can damage your case and make it harder to prove your innocence.

Do not try to contact or confront your accuser. Even if you think it might help, contacting your accuser without an attorney present is a bad idea, and could lead to more charges being filed against you.

Do not leave the state or country without permission from your attorney. You may have work or personal obligations, but if it looks like you’re trying to flee the country it will only make things worse for you.

Do not destroy or hide any evidence. This could be interpreted as an attempt to cover up a crime and could lead to more charges being filed against you. Keep all relevant phone logs, text message records, photographs, and contact information until after your case is closed.

Do not change your appearance or delete any social media posts. This could be viewed as an attempt to hide from the charges or cover up the truth, and it could be used as evidence against you.

Do not delete or discard any evidence related to the case. Good record-keeping is key to proving your innocence, so make sure to keep all evidence until after the case is closed.

Do not post anything about the case online. While you may be tempted to vent in a social media post, it is important to remember that anything you say could be used against you in court. Wait until after your case is settled to post about it online.

Do not accept a plea bargain or admit guilt, even if it seems like the easiest thing to do. You may be ready to move on, but admitting guilt or taking a plea bargain for a crime you didn’t commit can have lasting consequences. You will be able to get a better outcome by fighting the charges and proving your innocence in court.

Do not wait to seek legal help. The longer you wait, the harder it will be to prove your innocence. Speak to a local attorney near you as soon as possible after being accused of a crime.

Do not give up hope. With the help of an experienced criminal defense attorney, you can fight these charges and clear your name.

If you have been falsely accused of a crime, contact Cobb Criminal Defense today for a free consultation. Our attorneys have years of experience defending clients against false allegations and we are here to help you.

why people get falsely accused

Why Do People Get Falsely Accused?

False allegations can be made for a number of reasons, including revenge, jealousy, anger, or even to gain an advantage in a legal case. Being falsely charged with a crime can be very damaging to the accused person’s reputation and can lead to long legal battles.

There are many reasons why someone may make false allegations against another person, but some of the most common reasons include:

  • Revenge: An individual may falsely accuse another person of a crime in order to get back at them for something they did wrong.
  • Jealousy: An accuser may be jealous of the defendant and may falsely accuse them of a crime in order to make them look bad.
  • Anger: An accuser may be angry at the defendant and may falsely accuse them of a crime as a way to lash out.
  • Gain an Advantage in a Legal Case: An accuser may make false allegations in order to help their case in court. For example, they may falsely accuse the defendant of domestic violence in order to get a restraining order.

It is important to remember that anyone can be falsely accused of a crime, regardless of race, sex, or age. If you have been falsely accused, it is important to seek legal help right away. The attorneys at Cobb Criminal Defense are here to help you clear your name and get back on track.

can't afford an attorney

What If I Can’t Afford an Attorney?

Hiring a criminal defense lawyer is the best way to ensure that your rights are protected and that you have the best chance of winning your case.

However, if you cannot afford an attorney, you may be eligible for free or low-cost legal representation through the Legal Aid Society or a similar organization.

A pro-bono lawyer may also be available to represent you in court, but the goal is to prevent your case from ever getting that far. At Cobb Criminal Defense, we work to get your false charges dismissed without going to trial.

We offer free consultations to all of our prospective clients, so please do not hesitate to contact us if you have been falsely accused of a crime.

I Was Falsely Accused, Can I Sue My Accuser?

It depends. If the accuser made the false allegations maliciously and with intent to harm the defendant, then they may be liable for any damages they caused. However, most cases of false allegations do not result in civil lawsuits. We recommend you speak to an attorney to explore the details of your case and learn more about your legal options.

Free criminal defense consultation

Call Cobb Criminal Defense Today!

If you have been falsely accused of a crime, contact Cobb Criminal Defense today for a free consultation. Our attorneys have years of experience defending clients against false allegations and we are here to help you clear your name and restore your reputation.

Ultimate Guide to Marijuana Laws in Georgia

Georgia Marijuana Laws: What You Need To Know.
Georgia marijuana sign

If you’re looking for information about marijuana laws in Georgia, you’ve come to the right place. In this article, we will discuss the various aspects of marijuana law in our state, including the legal risks associated with marijuana possession and what to do if you’ve been arrested for a marijuana-related crime. We will also take a look at Georgia’s medical marijuana laws and how they may impact your case.

Is Marijuana Legal in Georgia?

The short answer is no. It is illegal to possess marijuana in Georgia, and it remains a crime even for those who are prescribed the drug by their doctor as part of treatment. While there have been some efforts to legalize marijuana for medical use over time, these efforts have not been successful in passing through Georgia’s state legislature. Until federal or state laws are changed, possession of recreational marijuana is illegal in Georgia.

What are the Risks of Possessing Marijuana in Georgia?

There are a number of risks associated with marijuana possession in Georgia, both criminal and civil. Criminal penalties for marijuana possession can include fines, jail time, and probation. Civil penalties can also be significant and may include loss of driving privileges, mandatory drug counseling or evaluation, community service hours, and the loss of educational opportunities.

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Can I Be Charged with DUI for Marijuana?

Under Georgia law, you can be charged with a DUI for any drug that impairs your ability to drive, including marijuana. Marijuana-related DUIs are taken very seriously by the courts and come with steep penalties. These include large fines and possible jail time as well as mandatory drug education classes or mandatory drug counseling.

In Georgia, you are at risk of losing your driver’s license automatically when you’ve been charged with a DUI. To help protect your license and your future, it is important to get the help of an experienced DUI lawyer as soon as possible. You may have as little as 30 days to file paperwork and request permission to drive to work or school.

What is Georgia’s Marijuana Possession Law?

Georgia has a very strict law on marijuana possession and it can be difficult to fight if you’ve been charged with this crime. The legal limit of THC in Georgia is less than 0.05 percent per milliliter of blood or urine sample (a little more than one ounce), which means you could be charged with a DUI for Drugs even if your blood was only slightly above that level when tested at the scene of an accident.

Possession of Marijuana in Georgia: What to Do If You Are Arrested?

The most important thing to do when approached by a police officer is to remain calm and not resist arrest. It’s also essential that you don’t make any statements until after consulting with an experienced criminal defense attorney who understands marijuana laws in Georgia. You may inadvertently harm your legal case by admitting the drugs are yours, even if they are not. Instead, ask to speak with your lawyer before answering any questions.

If you have been arrested for marijuana possession in Georgia, it is important that you contact an experienced criminal defense attorney as soon as possible. The penalties associated with this charge can be severe and may include incarceration, probation, and loss of driving privileges. A skilled lawyer can help you understand your rights and defend against any charges brought against you.

As soon as you are able, call a Cobb Criminal Defense drug lawyer to discuss your legal case in confidence. 

What are the Penalties for Possession of Marijuana in Georgia?

The penalties for possessing marijuana vary depending on how much the substance weighs as well as other factors such as whether or not it was found in your car or in use while you were driving. Additional charges may be filed if you are found in possession within 1000 feet from a school, park, or another place where children are likely to be present (such as an ice cream parlor).

Possession of Marijuana: Is it a Felony or Misdemeanor in Georgia?

Georgia has different classifications for marijuana possession, depending on the amount found at any given time.

Misdemeanor Possession Charge in Georgia

Possession of less than one ounce is considered a misdemeanor with penalties ranging from a fine up to $1000 and/or up to one year in jail.

Felony Possession Charge in Georgia

Possession of more than one ounce but less than ten pounds is a felony punishable by a minimum sentence of one year and up to ten years in prison, as well as a $5000 fine.

Possession with Intent to Distribute Charge in Georgia

Finally, possession of more than ten pounds, or possession with intent to distribute, is punishable by a mandatory minimum sentence of five years and up to 30 years in prison, in addition to a fine of up to $100,000.

Possession of THC Vape Pen Cartridges

thc vape pen

In the last decade, cannabis vape cartridges have grown in popularity, with many different types and styles available on the black market today. Possession of a THC vape cartridge with a THC concentration of more than 5% is a felony in Georgia. In Georgia, altering marijuana from its natural form is a felony offense, regardless of the amount. Even though the actual weight of the cannabis in the cartridge is far less than one ounce, one half gram THC cartridge would be a felony because it has been altered from its original state in plant form.

To be convicted of possessing a marijuana vape cartridge, the substance within the cartridge must be identified with “no reasonable doubt.” Frequently, police will ask you to identify the content of the cartridge. If you confess it’s marijuana, you’ll be at risk of being charged with a crime. If no admission is made, the contents of the cartridge must be investigated. There are just a few laboratories in the state of Georgia that can accurately test for THC concentrates.

Georgia Medical Marijuana Laws

Georgia’s medical marijuana law permits qualified individuals to lawfully possess up to 20 fluid ounces of “low THC oil,” which is produced from the cannabis plant. The bill creates the “Low THC Oil Registry Card,” which allows qualified persons to obtain a registry card from the Georgia Department of Public Health that will validate their right to possess the oil and protect them from arrest.

As of June 2017, the Georgia Department of Public Health had issued Registry Cards to over 3000 qualified persons. If you have been diagnosed with one of the qualifying conditions (listed below), some individuals may be able to obtain low THC oil from a registered provider.

Qualifying Conditions for Low THC Oil in Georgia:

  • Cancer, end-stage or when the treatment produces related wasting illness or intense nausea and vomiting
  • Amyotrophic lateral sclerosis, when severe or end-stage
  • Seizure disorders related to severe epilepsy or trauma-related head injuries
  • Multiple sclerosis, when severe or end-stage
  • Crohn’s disease 
  • Mitochondrial disease
  • Parkinson’s disease, when severe or end-stage
  • Sickle cell disease, when severe or end-stage 
  • Tourette’s syndrome, when severe 
  • Autism spectrum disorder, when (a) the patient is 18 years of age or more, or (b) the patient is less than 18 years of age and diagnosed with severe autism 
  • Epidermolysis bullosa 
  • Alzheimer’s disease, when severe or end-stage 
  • AIDS when symptoms are severe or end-stage 
  • Peripheral neuropathy, when symptoms are severe or end-stage 
  • Patient is admitted to a hospice program, either as inpatient or outpatient 
  • Intractable pain
  • Post-traumatic stress disorder from direct exposure to trauma or witnessing of a traumatic event, for patients 18 years of age and up

If you or a cardholder is unlawfully arrested for possession of low THC oil in Georgia, a Cobb Criminal Defense attorney can help protect your legal rights.

Getting Rid of Marijuana Charges

If you are facing a drug-related charge for the first time, you may be eligible to resolve your case without having a felony on your record by taking part in one of these alternative options.

marijuana plant

First Time Offender Laws in Georgia

If you are convicted of a drug charge as a first-time offender, you may be eligible for sentencing under Georgia’s First Time Offender Law. This law provides for the possibility of probation and/or treatment in lieu of jail time. The program is open to those who have not previously been convicted of a felony or misdemeanor involving drugs.

rolled marijuana joints

Pre-Trial Diversion for Marijuana Charges

If you are charged with marijuana possession in Georgia, you may be eligible to take part in a pre-trial diversion program. This program allows you to avoid a conviction by completing a period of probation and/or treatment. If you complete the program successfully, the charges will be dismissed.

marijuana

Drug Court for Marijuana in Georgia

Drug Court is a special program that allows some drug offenders to avoid jail time by completing a period of probation and treatment. Drug Court is only available to those who qualify in some instances with certain drug-related offenses, including marijuana possession.

Lawyer for Marijuana Charges in Georgia

If you’ve been arrested for marijuana possession in Georgia, it is important that you contact a skilled criminal defense attorney as soon as possible. The penalties associated with this charge can be severe and may include incarceration, probation, and loss of driving privileges.

Call Cobb Criminal Defense today to schedule a free consultation and learn more about your legal options.

Internet Sex Crimes: What You Need to Know

Sex Crimes Defense Lawyer

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An Overview of Internet Sex Crimes in Georgia 

The State of Georgia has some of the most severe sex crime penalties in the United States, including harsh prison sentences, mandatory sex offender registration, and residential restrictions that prevent offenders from ever working or living within 1,000 feet of parks, schools, or any other place where children gather. In this article, our attorneys will examine the online sex offenses in Georgia. Internet sex crimes usually involve online communication using an Internet-connected device with online services such as email, text messaging, direct messaging, messaging in chat rooms, emailing, and others. 

The following are a few instances of Internet sex crimes in the State of Georgia:

  • Viewing, downloading, uploading, transmitting, and sharing of child pornography.
  • Sending sexually explicit emails, chats, or messages to a minor.
  • Sexual exploitation of a minor.
  • Sending a minor pornographic image or video.
  • Taking sexually explicit photos or videos of a minor.
  • Using the Internet to plan a meeting with a minor for the purposes of sexual activity.

Online Solicitation of a Minor Criminal Charges in Georgia

If you or a loved one has been accused of using the Internet to correspond with a minor to arrange sexual contact, the criminal case is typically prosecuted under Georgia’s Child Exploitation Laws.

In Georgia, there are three criminal statutes that are dedicated to prosecuting individuals who engage in sexually explicit communications with children on the Internet. 

  • Soliciting minors to send sexual images;
  • Sending sexual images or videos to minors; and 
  • Interacting with minors on the Internet to engage in sexual conduct.


According to O.C.G.A §16-12-100.1, it is against the law in Georgia for an individual to send sexually explicit messages, videos, or images to anyone under the age of 18. Georgia prosecutors are required to prove that the accused offender knew or should have known the individual that they sent sexually explicit images and videos was under the age of 18 years. Although an adult is permitted to engage in consensual sexual intercourse with a 16- or 17-year-old, it is a felony to send sexually explicit content to anyone under the age of 18 years. 

internet sex crimes attorney

Soliciting Minors to Send Sexually Explicit Images in Georgia

Under O.C.G.A §16-12-100, it is a felony to induce, persuade, coerce, or entice a minor to join in the production of sexually explicit photographs or videos. In other words, if someone asks a minor to take and send naked or sexually explicit photos or videos of themselves, the requestor has committed a felony.  

Georgia’s Computer or Electronic Pornography and Child Exploitation Prevention Act of 2007

O.C.G.A §16-12-100.2 establishes that using any electronic communication or online service to lure, solicit, seduce, or entice a minor under 16 years of age to engage in a sexual act is a felony criminal offense in Georgia. Under O.C.G.A §16-12-100.2, the action only becomes a crime when the alleged victim is under the age of 16 and the accused intended to engage in sexual behaviors with the minor. 

Georgia’s Sexting Laws

Sexting is defined as sending sexually explicit photos, videos, or messages to another person. If two or more consenting adults are engaging in sexting, no criminal offense has occurred as long as the parties have consented. Sexting is a criminal offense when a minor is involved regardless if the minor has consented. In Georgia, anyone under the age of 18 cannot provide consent to sexual behavior or sexting. 


Most teenagers wrongfully believe that they can legally sext with other minors. However, once they engage in sending nude photos or videos, they have committed a serious crime. However, under Georgia’s Romeo and Juliet law, if the teens involved are within four years of each other and the alleged victim is at least 14 years old, and the accused is 18 years old or younger, the offense is reduced to a misdemeanor criminal offense

Child Pornography Possession, Manufacture, and Distribution Criminal Charges in Georgia

According to Georgia Statue Section 16-12-100, Georgia’s Sexual Exploitation of Children Statute, it is a felony criminal offense to create, possess, and distribute child pornography. Moreover, it is a crime for someone to purposefully use, induce, employ, persuade, coerce or entice a minor to join in or assist another in the production of any sexually explicit material. By way of example only, it is against the law to ask a minor to take and send naked photos of themselves.


It is a felony to possess or control any photographs or videos showing a minor engaging in sexual behavior in Georgia. If an individual receives a sexually explicit video from a minor, and that individual keeps the video, they are in possession of child pornography, even if the recipient did not ask for the video.


If you or a loved one are being questioned by police or have been arrested and charged with a sex crime, respectfully ask to have an attorney present with you and remain silent! According to the Innocence Project, over 360 wrongful convictions have been overturned by DNA evidence. This means hundreds of accused were pressured into making a false confession. Researchers believe there are several reasons why hundreds of people give law enforcement false confessions. Studies suggest that law enforcement intimidation tactics and fear of bodily harm lead many people to provide police interrogators with false confessions. 


According to the American Psychological Association’s article, Speaking of Psychology: False Confessions Aren’t Always What They Seem, research has proven that every person has a breaking point. There are two types of police-induced false confessions that can transpire during a police interrogation. These false confessions include the innocent people who are interrogated after denying involvement in the crime and a confession produced during interrogation.

marietta ga defense attorney

Marietta GA Defense Attorney

If you, a member of your family, or a friend have been charged with a sex crime, call (770) 627-3221 to learn about your legal rights, the process, and the potential defenses that may apply in your case. Our firm’s criminal defense consultations are confidential and without obligation.

Secrets That Could Make Your Criminal Charges Go Away

Have you or a loved one been charged with a criminal offense in Georgia?criminal defense marietta ga

If so, there are some little-known programs and strategies in Georgia that could make your criminal charges disappear. These strategies require that you retain a criminal defense attorney. The following strategies may not apply in every case or in every situation, but you can call our law firm at 770-627-3221 for free and find out which program may be right in your legal matter. 

Georgia’s Pretrial Diversion Program

First-time offenders in Georgia might be eligible to participate in a county-sponsored Georgia Pretrial Diversion Program. If a first-time offender is eligible and completes the program satisfactorily, the offender may avoid criminal prosecution and a potential criminal conviction. This program will also keep the offender’s criminal record clean. 

To see if you are eligible for a Georgia Pretrial Diversion Program, you must speak to and retain an attorney before you accept a plea deal and before the start of your criminal trial. If you or your loved one are a first-time offender, a pretrial diversion program in Georgia may be the best option for you or your loved one since having a criminal record will have a disastrous impact on your life and livelihood. A criminal record can affect you or your loved one’s ability to secure housing, receive student loans, affect employment status and disqualify you or your loved one from receiving government assistance. As previously mentioned, first-time offenders who qualify and complete a pretrial diversion program in Georgia may be able to avoid a criminal trial and keep a criminal conviction off of their criminal record.

Georgia’s First Offender Act

If you or a member of your family have been sentenced under Georgia’s First Offender Act and have successfully completed the sentence, you or your loved one will not have a conviction, and the criminal charge will be sealed from your official criminal history in Georgia. This means that you would have a clean criminal record and would not be required to admit to a criminal offense on job applications or if asked by potential employers. 

To be eligible, the first-time offender must speak to and retain a criminal defense attorney. The additional requirements may be read here

The Local Advantage – Local Attorney Relationships for the Benefit of Our Clients

A defendant should try to retain a criminal defense attorney who has experience in the courthouse where their case is pending. Although Georgia’s criminal laws are in effect throughout Georgia, the judges, prosecutors, and court procedures vary from courthouse to courthouse. By way of example only, a District Attorney in one county may have a “no-plea-bargaining” policy, the District Attorney in another county may permit plea bargaining. Moreover, criminal defense attorneys in one county will usually know which prosecutors are reasonable and permit plea deals up to trial.

Local criminal defense attorneys also know the law enforcement officers and how they operate in jury trials. Defendants should retain criminal defense attorneys who are experienced with local court procedures and have a stellar reputation with the local legal community.

Should I Retain a Private Criminal Defense Attorney or Trust the Public Defender?

As aforementioned, retaining a highly respected criminal defense attorney can positively impact the disposition of your criminal case. Whether that outcome is a dismissal, lesser or fewer charges, more lenient sentencing, or an acquittal after trial, your attorney’s skill, experience, and resources can have a significant impact on the outcome of your misdemeanor or felony prosecution. Although a public defender or court-appointed attorney can be just as skilled and experienced as a private attorney, limits on funding can mean extremely large caseloads and limited resources. In this article, we take a quick look at these different types of criminal defense attorneys and the relative advantages and disadvantages of each.

By way of background, most school children learn that the Sixth Amendment provides a right to assistance of counsel. However, fewer people understand the contours or history of this important protection. The Sixth Amendment provides in pertinent part that “In all criminal prosecutions, the accused shall have the right to have the assistance of counsel for his defense.” 

Until fairly recently, this right was interpreted narrowly to safeguard the right of an accused to bring an attorney to court if one had been retained. This narrow interpretation meant many poor defendants faced an experienced prosecutor without the benefit of legal counsel. However, this right became powerful protection for the criminally accused when the Supreme Court expanded the scope of this guarantee by making the right to be represented by counsel a requirement of due process. A series of cases mandated that state and federal jurisdictions make counsel available to the poor.

These important Sixth Amendment decisions spurred various approaches for state and federal jurisdictions to fulfill this guarantee. At the federal level and in many large metro jurisdictions, government-funded public defenders represent poor defendants. In other jurisdictions, attorneys represent poor defendants on a case-by-case basis or pursuant to a contract with their law firm to represent indigent defendants.

According to a study published in 2014 in American Law and Economics Review, entitled “Indigent Defense Counsel, Attorney, Quality, and Dependent Outcomes,” researchers reported strong evidence that the quality of a defendant’s attorney can dramatically impact the outcome of the criminal prosecution. The study focused on data from the Bureau of Justice Statistics involving felonies in large metro areas. The researchers examined outcomes in cases involving public defenders and court-appointed counsel. The researchers determined based on nationwide data that statistically, public defenders significantly outperformed court-appointed counsel. This disparity holds for such diverse aspects of a case as the likelihood of a conviction of the most serious criminal charge, speed of disposition of a case, and sentence duration. 

The researchers posit that disparities between local economies, funding, and compensation might explain the divergent success rates. While public defenders typically work at their craft full-time, appointed counsel often does not defend poor defendants in criminal cases on a full-time basis. According to the researchers, court-appointed attorneys usually are paid on a per-case basis rather than a regular salary or hourly wage; this too might partially explain the disparity. The fee structure also might create a disincentive to high-quality criminal defense attorneys to accept court-appointed cases. Limited funds mean that skilled criminal attorneys who could take such appointments might be attracted away by more lucrative work. Certain jurisdictions use a combination of these approaches to serve indigent defendants. 

While the 2014 study did not address the difference in outcome between private attorneys and public options, other studies had looked at this question. The data is inconclusive because several studies have found that clients of private defense counsel fair more favorably and report higher levels of satisfaction with their representation. In contrast, other studies have found that outcomes tend to be similar regardless of whether a private or public attorney represents the accused. 

 

While an exhaustive review of these studies is beyond the scope of this article, we have provided a few prominent examples. One of the first studies to look at this question was published in the Arkansas Law Review in 1971 by M. Gitleman. The study concluded that poor defendants with appointed counsel were less likely to receive a suspended sentence, dismissal, or probation than poor defendants that hired private attorneys. A more recent 2005 study published in the Ohio State Journal of Criminal Law found that private defense attorneys obtain lesser sentences than appointed counsel or public defenders. 

While a 1975 study, published in the American Journal of Criminal Law, did not find much difference in sentencing or conviction rates between clients represented by a public defender and those represented by a private attorney, it found drastic differences in workload. The author speculates that any difference in conviction rates and/or client satisfaction could be linked directly to this difference in the number of cases handled by private and public attorneys. A book published in 2017 that analyzes weaknesses in the public defense system expressly concludes that this difference in caseload might be the reason private attorneys, on average, have lower conviction rates. 

Despite the muddled empirical evidence, there are distinct advantages and disadvantages to relying on a public defender or court-appointed attorney as opposed to a private attorney. Cost constitutes the obvious appeal of a public defender or appointed attorney. By contrast, retention of a private attorney can amount to a significant financial investment, but you can interview, screen, and select the best attorney for you rather than rely on the luck of the draw. Communication also can be easier with a private attorney because of a typically lighter caseload.

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