Is Armed Robbery as Serious as Other Crimes Involving Stealing?

Armed Robbery is a serious offense that may lead to time served in a penitentiary.  Due to the supposed violent nature of the crime, first time offenders often are not awarded leniency unless they can reach a plea bargain, or if the prosecution fails to meet its burden of proof, or possibly for a variety of other reasons.  Your local Atlanta Criminal Lawyer can ensure the prosecution does meet every burden of proof they are tasked with, mainly by forcing the State of Georgia to prove every element of the offense charged.

What are the Basic Elements of the Crime of Robbery?

You may have heard of the crime of Larceny, which is the intentional taking of personal property of another person.  Robbery is a crime that is committed in a similar fashion, but by force or threat of force. Thus, think of Robbery as Larceny but with the added element of force or threat/intimidation of force.  Because of this differentiating factor, accused persons will probably be looking at a stiffer penalty for committing Robbery as opposed to Larceny.  Please note, this is a very basic description of the crimes mentioned and your best resource for a description of criminal charges is your local Atlanta Georgia Criminal Lawyer.

With a basic understanding of Larceny and Robbery, we can now elaborate on the crime known as Armed Robbery.  Armed Robbery entails the use of a weapon like a gun, knife, or any item deemed to be dangerous (an item that can cause bodily harm).  Remember, Armed Robbery generally carries a harsher penalty scheme by most state statutes than other crimes like shoplifting or mere robbery.  For an analysis of the crime for which you have been charged, consult your local Atlanta Firm and Criminal Lawyer.  He or she can explain why or why not the charges you are facing have a probability of sticking.  From that point, you can decide whether a plea bargain or other option is your best strategy, and whether certain options are likely to be available to you under the circumstances of your case.

The True Cost of a Traffic Citation and the Role Your Lawyer Plays

At a time when many Americans are just getting by in order to make ends meet, its more important than ever to keep in mind the financial pitfalls that can accompany a traffic violation.  Traffic violations can cost much more than just the amount on the citation paper. A successful contestant of a charge may save hundreds of dollars in car insurance in the long run. Car insurance is expensive as it is. If you’ve been charged with a traffic violation, such as reckless driving, contact your local Atlanta  Criminal Lawyer.

First, let’s touch upon the cost of the ticket itself. The true cost of the citation is not just the facial amount: Unfortunately, the true cost of a ticket is the face value, plus any applicable court fees, plus any late fee that may assessed, plus the terrible consequences upon one’s car insurance rates. Not to mention, traffic school is an expensive reality which many states use as a method correcting poor driving records. Generally, these classes not only cost money but they also take an entire day of one’s life. When looked at from this angle, the value of having an experienced traffic lawyer by your side should you decide to challenge the citation (or even just to seek out leniency) it becomes apparent. Consult your Atlanta  Traffic and Criminal Lawyer if you believe the facts of your case does not add up to the charge.

The only positive aspect of attending a traffic school or participating in such lessons is that you may be able to reduce the points assessed to your record. In doing so, you may be able to obtain lower car insurances rates in the future.  Every violation that you are charged with carries an assigned point value. These points can add up, and cost you big money.

The ideal result of any challenged traffic violation challenged in court is a finding of not guilty. But that’s not always possible. Sometimes, an individual truly did commit the violation he or she received a citation for. Even if that is the case, having a great lawyer by your side can show the judge how serious you take the matter. Not only that, but your skilled Atlanta  Traffic and Criminal lawyer can also clearly articulate your feelings to the judge, and may be able to advocate for you in lessening the burden that you ultimately pay.

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What exactly does “Expungement” mean to you?

“Expungement is the term for a civil proceeding brought by someone who was arrested and charged with commission of a crime, but who was not convicted, to seal the police and court records of the arrest and criminal charge.”

As you can probably guess, it has much to do with protecting your reputation.

So how do you know if the crime you have been charged with is eligible to be expunged? In many states, a charged individual may be eligible if he enters a plea of not guilty and is subsequently acquitted by a judge or jury. Expungement is not limited to the criminal courts – it may become relevant if a party to a civil proceeding is charged with contempt, but later is found not guilty.

Moreover, if the prosecution chooses not to prosecute the charge (referred to as nolle prosequi), expungement may be an option. Another situation that may give rise to the possibility of an expungement occurs when a person is charged with a misdemeanor, and the alleged victim achieves a judgment in civil court, that he or she in turn informs the court as satisfactory to redress the injury. If the court agrees, the court may expunge. The various circumstances that may allow you to pursue expungement are many . . . it is best to seek the professional judgment of your local Atlanta Defense Attorney.

It is important to understand that conceptually, expungement is a way for an innocent person to obtain a relief. The laws relating to expungement generally are not applicable to persons found guilty. There is a limited exception, but the details of your case are highly relevant. Therefore, speak to a qualified and licensed professional to analyze your case.

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The right to have a lawyer present, in certain circumstances, is a right that has served as a lifeline to liberty and freedom; unfortunately, the right to have a lawyer present is also  misunderstood by so many accused individuals.

Over the years, numerous cases have been won by pro se defendants, but many more have been lost because of misplaced arrogance. When a person thinks he or she is the best person to represent their case in court, it is almost always a poor decision. This exaggerated (and usually false) sense of wisdom can lead to catastrophic results. We examine today the concept and importance of “the right to counsel.” If you have questions regarding your case, or are confused about your rights, don’t hesitate to consult your Atlanta Criminal Lawyer.

The average person (and first year law student for that matter) probably thinks of “the right to counsel” as a right that only is applicable at a trial. Nothing is further from the truth. In fact, the right to counsel applies to all “critical” stages of the prosecution. What does this mean? In its most basic sense, it usually pertains to the period after charges have been brought. To put it technically, the right to counsel attaches if the defendant would be prejudiced by having no attorney. (Coleman v. Alabama, 399 U.S. 1, 90 S. Ct. 1999). If you choose to hire counsel or meet with counsel for a free initial consultation, see your trusted Atlanta Criminal Defense Firm and Lawyer.

“Pretrial proceedings” take place before trial, but are just as important as the trial itself. Many cases are won or lost at pretrial hearings and conferences. The reason is simple. Pretrial proceedings dictate the flow, roadmap, and evidence that may be admissible. Many pro se defendants do not know proper pretrial strategy to most effectively defend their case.

If you know the U.S. Constitution, you know the right to counsel found in the 6^th Amendment. The general rule is that when a criminal charge arises, the initial appearance before an officer of the court where the defendant learns of the charges initiates the right to counsel. (Rothgery v. Gillespie County, Tex., 128 S. Ct. 2578 (2008).

If you have questions about your right to counsel, whether you qualify as an indigent, or questions about the facts and rules relating to your case, consult your top-notch Atlanta Defense Firm and Criminal Lawyer to ensure you don’t jeopardize your liberty.

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If you are in the market for a criminal defense attorney, you should perform some basic research tasks so you know what to expect, how much money you should expect to spend, and whether the lawyer you think you are interested in hiring or learning more about is suitable for you.

1. Run a quick search on the lawyer peer-review site, Avvo.com.  Avvo.com allows attorneys to review each other, and is a great tool for consumers – like you – to gain a feeling for a lawyer’s reputation in his or her community.  To search Atlanta defense firms on Avvo, follow this link.
2. “Google” the attorney name or firm name, and find out whether he or she has a website.  If so, examine the website.  Specifically, look for client testimonials and case results.  Look for articles demonstrating a knowledge of the area of law or category you are seeking representation regarding.
3. Call the attorney’s office – do not expect to speak directly to him or her – but gain a “feel” for how the office is run.  Things to look for: how is the person trained who answers your call?  Do you even get through to a human being and not an answering machine?  Is the receptionist friendly?  If you get a positive vibe, continue your research and setup a consultation if you feel the time is right.  However, if you can’t reach anyone at the office during normal business hours, or if you are treated with little respect, it may be a reflection upon the office’s overall atmosphere: look elsewhere!
4. When you meet with your attorney, ask how many cases he or she has handled related to your charge(s).  Obviously, the more experience the better. However, keep in mind that you may be able to obtain very competent and adequate representation from a younger lawyer for a cheaper price.
5. Ask what your potential attorney’s case-load is like.  Ask this question in an open-ended manner, not in a “yes/no” format.  You do not want to be a client who is devoted too little attention and suffers the ramifications later.

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Over the course of the past year, Atlanta residents may have noticed a new eye-catching rack of colorful packets hanging in the back corners of local convenience stores.  These vibrant packets, full of a leafy herb mix, were labeled “not for consumption.”  It took a bit of time, but the federal and state governments have banned synthetic marijuana, for the most part.

The tricky part is, who determines what substance is or is not considered “synthetic marijuana?”

Moreover, there are hundreds, if not thousands of chemicals/drugs which attach to the CB1 and CB2 receptors, leading to the “marijuana-high.” So, markets have seen products advertising as legal, when in fact it is not…or it is, but law enforcement does not think so.  Even retailers in some states have been jailed for selling these packets.  For these reasons, for some people charged with possession of this substance, charges can come as quite a surprise.

This substance, a synthetic version of marijuana, is now causing much of a stir in many communities.  Legal “grey areas” are tricky, both for states and for the defense attorneys handling client’s cases.  Despite the ambiguity and relative difficulty, your Atlanta Criminal Defense Lawyer is always willing to put in the extra hours of research to ensure he or she is 100% behind you.

The trend amongst teens smoking legal herbs laced with a chemical known as JWH took many states by storm.  Many states responded to the drug’s popularity by enacting legislation banning the drug.

Your Atlanta Criminal Defense Lawyer is not interested in discussing politics.  The bottom line is to ensure your defense is sound, and that you are ready for your court date.  While the drug laws in Atlanta are very strict, and while they may reflect principles and cultural attitudes, these laws are the laws, and as a result, your Criminal Defense Attorney is well-versed as to the elements the prosecution must prove, and how to defend your charges based on your facts.  View our listings page for your first step in finding the right attorney for you or your loved one in Atlanta.

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Ever have a run-in with law enforcement?  Good, honest adults receive traffic tickets all the time.  Innocent individuals are encountered by law enforcement officials every day.  Surely, some of these wonder: “Do I have to respond to this police officer questioning me right now?” – “Can I ‘Plead the Fifth?’”

This is an often a misunderstood Constitutional concept. If you have ever testified in court, you know that the atmosphere can be intense…and what the people who are only witnesses?

When does the Fifth (5th) Amendment Apply? – The privilege against self-incrimination applies to witnesses testifying in court.

If you have ever testified in court, you know that the atmosphere can be intense. Every little word that is uttered in the courtroom may be transcribed, and every little word can alter the outcome of a case.

What about the witnesses?  What if a witness, compelled to testify on a matter, is afraid he will be asked to reveal something that will make it seem as if he is at fault?  Don’t confuse it with an individual’s “Miranda” rights (which only apply when a person is in custody and being interrogated.)

If you believe your constitutional rights have been infringed, you may want to consider calling your local Georgia Defense Attorney. Many charges have been dropped because of faulty police work.

What You Need to Know

First, you can’t make a statement and then “take it back.” To assert the privilege, you’ve got to do so BEFORE a response. (See Roberts v. U.S., 445 U.S. 552, 100 S. Ct. 1358 (1980).

One cannot make a statement (testimony) and take it back. The government will be deemed “not to have compelled” the testimony for Fifth Amendment purposes. (See Minnesota v. Murphy, 465 U.S. 420, 104 S. Ct. 1136 (1984).  If this sounds complicated, perhaps you are one of the rare people who understand that the criminal justice system is extraordinarily complex.

What should you remember? Remember that the right against self incrimination applies to situations in the courtroom. Also remember that in all criminal cases, the defendant does not have to take the stand. The privilege automatically is in effect until he or she decides to testify. (See Sims v. Slayton, 333 F. Supp. 246 (W.D. V.A. 1971).

Why is it important to have an experienced Criminal Lawyer by your side for traffic matters?

Drunk driving is an extremely serious offense. If you or a loved one has been charged, do not hesitate to call your Georgia and Atlanta Criminal Lawyer. Often, other charges come along with drunk driving. This article will demonstrate the complexity of criminal charges. “Going it alone” is not a good idea when your liberty or driving privileges may be at stake.

Involuntary Manslaughter in Relation to Drunk Driving

Involuntary manslaughter is a charge that might accompany drunk driving. The rules can be complex depending on a variety of factors. For example, a person charged with drunk driving but who is later acquitted, can’t be prosecuted later for an involuntary manslaughter case (based on unlawful action.) While this may seem clear, there is more than meets the eye. The prosecution CAN seek another trial with a reckless manslaughter prosecution, if evidence exists that the person was drinking and it is relevant to the allegation of recklessness. Generally, this isn’t a big hurdle for the prosecution. To complicate this even more, evidence of a blood alcohol content test can be admissible, but only to rebut the evidence the charged person offers to show he did not drink or was not impaired…at least in some states. Rules like this demonstrate the value of having an experienced lawyer by your side.

Remember, your Georgia and Atlanta Criminal Lawyer is in the best position to assist you with your case. Most of the time, consultations are free. The best Georgia and Atlanta lawyers will listen to your side of the story and look at the case from all angles.

How is Reckless Driving Related to Drunk Driving? Can I be Charged for Both?

How do you know if a statute applies? The answer is, it depends. It depends on whether the reckless driving charge falls under that particular offense. This is yet another example of how seemingly simple criminal cases require outstanding legal minds to successfully defend.

Why is it Critical to Consult my Georgia and Atlanta Criminal Lawyer ASAP?

It is critical that you consult a trusted Georgia and Atlanta Criminal Lawyer promptly if charged with a serious crime. If you wait too long, your attorney will be disadvantaged. By consulting your lawyer without delay, you will give him or her as much time as possible to analyze your case, perform research, and find answers you seek.

What if I Refuse a Breath Test?

If you refuse to take a breath test, you may find that your license later gets suspended. Thus, don’t procrastinate – to lose driving privileges can seriously disrupt a person’s life.

[1] Simon v. Com., 220 Va. 412, 420, 258 S.E.2d 567, 573 (1979).

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