by Editorial TeamCan the Police Use Refusal of a Field Sobriety Test Against You?
Generally, the results of DUI field tests are not admissible in court. At least, not as evidence of intoxication. Many states allow only the result of a blood test as evidence. The field test results
by Editorial TeamWhy White Collar Crimes Need an Expert Attorney
It is crucial to recognize that some white-collar charges can be honest mistakes that have resulted from filing errors or other accidents.
by Editorial TeamUnderstanding The Difference Between A Felony And A Misdemeanor
If you have been charged with a crime in Georgia, the first step in understanding how to fight it is by understanding what it means. In most situations, felony charges are easily the most severe, followed by misdemeanors, and then violations at the bottom. Any of these kinds of charges can drastically affect your life, however, so we’re going to break them down for you.
Felony Offense
A felony offense is a serious crime that can be punishable by more than a year spent in prison. A district attorney will be the one to hand out the charge, and they most often handle the case in superior court. Sentences handed out from a felony offense will most likely be served in a state or federal prison. These sentences can range from a year in one of these prisons to life imprisonment or even the death penalty.
- Learn more about Types of DUI charges in Georgia
Society views felony offenses exceptionally harshly. Even after you have paid your debt to society by spending time in prison, you may find it challenging to gain employment, maintain relationships, or even get housing approval. It is vital to be aware that these kinds of offenses cannot be expunged from your criminal record and will stay on it forever.
Misdemeanor Offenses
As mentioned previously, misdemeanor offenses are not as grave as felonies. The solicitor general’s office generally levels these charges, and the case can be handled in either municipal or state court. Most municipal charges are punishable by up to twelve months in prison and a $1,000 fine. In some instances, you can be charged with a high or aggravated misdemeanor, which carries significantly higher fiscal penalties.
Sentences for misdemeanors are usually served in your local county jail rather than a state or federal prison. While these offenses do show up on your criminal record, there is the possibility for them to be expunged. Most often, these offenses do not have the same effect that felony offenses do on housing or employment.
Violations
It is worth also noting violations as these are the least severe types of crimes and often result in a fine with no jail time. In Georgia, a violation can also be referred to as an infraction. Suppose you have violated a city rule or county ordinance by trespassing, littering, or acquiring traffic tickets. In that case, it will qualify as a violation or infraction and will not show up on your criminal record unless you fail to pay the fine or respond to the charges, at which point it will escalate in severity.
- Learn more about second offense DUI
The criminal justice system is complex, and it is always essential to understand what is happening to you if you get caught in it. Staying informed is part of it, but consider that lawyers have spent their entire careers and education learning about this system and will be much more informed. Always hire a defense lawyer if you find yourself on the wrong end of the system, as that will give you the greatest chance of success.
by Editorial TeamViolation of the Georgia Controlled Substances Act
The Georgia Controlled Substances Act is a result of the federal Controlled Substances Act, signed by Congress in 1970. “Controlled substances” consist of illegal drugs and prescription medications.
Potential penalties for a violation of the Georgia Controlled Substances Act (VGCSA) vary based on the schedule of drugs and any prior drug convictions. Each controlled substance is divided into one of five categories or schedules. Additionally, the Federal Food, Drug, and Cosmetic Act list of over 1,000 “dangerous drugs”.
Drug Schedules
Schedule I drugs have a high potential for abuse and no currently accepted medical use.Examples of Schedule I drugs include marijuana, heroin, LSD, and ecstasy.
By contrast, Schedule V drugs have a low potential for abuse and are accepted for medical use.
VGCSA penalties are most severe for Schedule I drugs.
VGCSA Penalties
Possession of Schedule I or II controlled substances are deemed felony offenses with the utmost penalties.
- Possession of any Schedule I Controlled Substance or Schedule II narcotic is a felony punishable by incarceration of 2 to 30 years.
- Cocaine or methamphetamine possession between 28 and 200 grams carries a mandatory minimum term of imprisonment of ten years and a fine of $200,000.
- Possession of a Schedule III, IV, and V substance is also a felony with 1-10 years in jail.
Many VGCSA offenses can results in misdemeanor charges:
- Possession of under one ounce of marijuana is a misdemeanor offense punishable by up to 12 months in jail and a fine up to $1,000.By contrast, additional quantities with the intent to distribute can result in a felony charge punishable by up to 30 years in jails and a fine up to $1,000,000.
- Additionally, selling or providing “model glue” to a minor for the purpose of sniffing or huffing is a misdemeanor offense.
- Similarly, disposing of a controlled substance in a public place is a misdemeanor offense.
VGCSA allows for additional charges and penalties if controlled substances are distributed or dispensed near schools.
NOTE: Penalties may be more severe for second and subsequent offenses.
A person seeking medical assistance for a drug overdose can NOT be arrested, charged, or prosecuted for VGCSA as a result of seeking medical attention.
Defense for Drug Charges in Georgia
There are many defenses to fight Violation of the Georgia Controlled Substances Act charges. The most successful defense against controlled substances is to show that the arresting officers violated the law. Unlawful arrests may be a result of an illegal search and seizure or coercive police questioning and interrogation.
- Georgia allows for first-time offenders of VGCSA to potentially have charges discharged and probation administered.
Contact Attorney Richard Blevins Today
If you have been arrested for a VGCSA in the Sandy Springs or Atlanta area, then you need to call criminal defense attorney Richard Blevins immediately. He can provide you with the aggressive legal representation you need when facing a possession of a controlled substance violation charge. Call today at (770) 419-1945 to schedule a free consultation.
by Editorial TeamMarijuana Possession in Dekalb County
Back in mid-2018, Dekalb County Industrialized District, which includes Sandy Springs, wasn’t the first area to decriminalize marijuana possession under one ounce. However, while marijuana supporters everywhere were cheering, Sandy Springs found another way to penalize those found in possession of marijuana or those who even get close to it.
While this may sound ominous, here are the facts.
The change instituted almost two years ago allows anyone in possession of less than one ounce of marijuana to possibly face zero time behind bars and a monetary fine no more than $75. Offenses after the first are dealt with in an increasingly severe manner; however, compared with other cities and states, penalties remain low with a second offense fining $150, a third $300, fourth $450, and all latter offenses facing a minimum $500 and possible time in lockup for 60 days.
Pretty light punishments in comparison with prior years treatment of possession of illegal substances. Let’s look at Sandy Springs’ new way of managing the buying, selling, and using of recreational weed.
Less is more, or more is less?
Possession of marijuana (and essentially all other drugs) now falls under Sandy Springs Disorderly Conduct citation. How does this work? Due to delays at Dekalb County Courthouse, there is now a charge considered less severe than a speeding ticket under Georgia law.
Now, in addition to what we have come to know as disorderly conduct (i.e., violence, fraud, impeding traffic, etc.), Sandy Springs has added the following:
Be in or about any place where gaming or illegal sale or possession of alcoholic beverages or narcotics or dangerous drugs are practiced, allowed or tolerated, for the purpose of or intent to engage in gaming or the purchase, use, possession or consumption of such illegal drugs, narcotics or alcohol…
Read more on Code of Ordinances for Sandy Springs.
What does this mean?
Using marijuana or any other illegal substance may be ticketed with a citation that barely raises eyebrows. Many of the illegal substances that would be a one-way ticket to a felony in most other cities and states in America now comes with a written ticket, a monetary fine, and perhaps a glare from our finest in blue. At worst, you may have to serve probation and/or be ordered into drug treatment.
The good news for marijuana users in Sandy Springs is that they will not face a looming criminal record should they receive the disorderly conduct citation. At the same time, how can this be beneficial for the Atlanta suburb when users of illegal substances, such as heroin and cocaine, are being allowed the same leniencies?
One argument stems from the Dekalb County system being overwhelmed. Sandy Springs’ officials claim that the disorderly conduct charge gives those using more dangerous illegal substances the chance to get the help they need instead of losing them in the larger state system. An admirable claim, if it works.
Know Your Marijuana Rights
If you are a supporter of marijuana use as a recreational and/or medicinal drug, you want to look into your rights regarding this matter as the lines between criminal offense and legality continue to be blurred between federal, state, and now even city laws and ordinances.
A criminal law attorney with experience in these areas can mean the difference between a mere slap on the wrist, your paycheck, and time in jail.
by Editorial Team5 Strategies For A Police Encounter
At some point, you’ve had a police encounter. Whether you were speeding, jaywalking, or doing something decidedly worse, officers are charged with protecting you and others from unlawful behavior.
Most people feel jittery when speaking to police. The very engagement with our best in blue makes us question if we have done something wrong. To help ease this anxiety, let’s look at police encounters from the source.
Types of Police Encounters
You should first know the three tiers of engagement to help you recognize why an officer may be talking with you.
- Consensual Encounter: This type of encounter can be ended at any point by either party (you or the officer). Such an encounter does not require evidence or probable cause, and you are free to leave, refuse to answer questions, decline to identify yourself and ask the officer to leave your property. This is the most frequent type of encounter.
- Arrest: When an officer makes an arrest, she or he must have probable cause. To establish probable cause, law enforcement must be able to point to objective circumstances leading a reasonable person to believe that you have committed a crime. You are not free to leave, and the officer has grounds to search without additional probable cause.
- Investigative Detention: This encounter is less severe than an arrest; however, you are not free to leave. This type of stop must be supported by observable facts; however, the officer need only be suspicious that a crime has been, or is about to be, committed. During such an encounter, you would be especially wise to adhere to the following five police encounter tips to avoid arrest.
Tips for a Police Encounter
Stay calm and silent
Atlanta Criminal Defense attorney Richard Blevins shares his best tips for managing interaction with police.
- STOP. Do not be tempted to avoid police contact. Even if you are unsure the cop is tracking you, there is no harm in stopping. If the officer is not pursuing you, they will carry on with what they are pursuing. They have bigger fish to fry.
- Stay calm, don’t argue, don’t resist, don’t flee. Keep your hands in plain sight and make no sudden movements. Doing the opposite of any of these will get you a ticket to a holding cell or staring down the barrel of a pistol. At the end of the day, an officer stopped you due to suspicion of wrongdoing and must exercise caution to protect others and themselves.
- The right to remain silent. Police are trained to encourage people to offer more information than they are asking about. When possible, answer ‘yes’ or ‘no’ and only answer what is asked. If at any point you feel uncomfortable, exercise your right to remain silent and consult with an attorney.
- You do not have to consent to a search. Cops need probable cause to conduct an arrest or search. If a search is requested, you can say no.
- Ask if you are free to leave. At any point, you may ask if you are free to leave. Again, an officer needs probable cause to make an arrest; however, lack of handcuffs does not mean you are free to leave. Ask first, walk away when consent is given.
Being questioned by law enforcement can be nerve-racking. While it may be difficult to think ahead in high-stress situations, remember the above tips to stay safe and contact an attorney in cases of arrest or investigative detention.
