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Lawyer Up! Hire a Criminal Lawyer Now Image

The most important thing to do if you are facing criminal charges, Hire a Lawyer!

It is not unheard of that the otherwise stand-up members of society find themselves embroiled with law enforcement. It is natural for you or your loved one to feel overwhelmed and confused when faced with criminal charges. On such occasions, it is essential to remember that you need to protect yourself. Meaning,  if you have been involved in or suspected of a misdemeanor or a felony in Atlanta, Georgia, you need to calmly and succinctly remember the information related to your case. Not having a clear picture of what happened can be very damaging to your legal defense.

Types of Criminal Charges

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What to do if you have been pulled over for a DUI in Atlanta

Getting hauled for driving under the influence (DUI) is the stuff of everyone’s nightmares. It becomes a real risk if you return from a party or a gathering where you had one too many drinks. The thoughts that pace through most people’s heads are all the penalties, including losing thousands of dollars and your license. You might even think about fleeing the scene. That move can only make things worse.

You need to remember that if you fail to pull your car over when you see the police vehicle behind you showing its lights or sounding sirens, you may be charged for fleeing or attempting to elude a police officer. The law in Georgia law is unambiguous, “it shall be unlawful for any driver of a vehicle wilfully to fail or refuse to bring his or her vehicle to a stop or otherwise to flee or attempt to elude a pursuing police vehicle or police officer when given a visual or an audible signal to bring the vehicle to a stop.”

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Where you hurt in a car accident in Atlanta. Call Attorney Tom

Don’t let the Big Insurance Companies Win! Let our Personal Injury Lawyers Work for You.

Atlanta Car Crash Attorney

Car and auto accidents can be frightening and damaging. But what aggravates the debilitating effect of an accident are the medical bills that often follow in the aftermath of a motor vehicle crash. Besides missing workdays, finding alternate transport and the uncertainty of when you will be back on your feet only makes things more complicated. To top it all, you may need to go through a plethora of paperwork and a legal labyrinth, which only makes you feel overwhelmed. While you may think that you can look into the paperwork yourself for the claims after an accident, you may not be up to it, depending on your injuries. After an accident, you need to give your body time to recover and heal from the injuries and the trauma. However, since the statute of limitations of Georgia gives you only two years to file your personal injury claim, you or your loved one may not have enough time, energy, or strength to prepare the documents and evidence required for a successful claim. This is where a personal injury lawyer in Atlanta can help you. Reaching out to a personal injury lawyer swiftly after the injury will give you time to recuperate at your own pace without worry without having to navigate a myriad of paperwork, document, evidence, etc.

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Lady Justice Georgia’s New Hate Crime Legislation

Georgia recently passed a new Hate Crimes Bill.  The new legislation imposes additional sentencing on a criminal defendant who commits a crime of hate based upon race, sex, sexual orientation, color, religion, national origin, physical or mental disability.  Georgia had passed a hate crime bill back in 2004 that was stuck down as Unconstitutional for being too broad and vague.

The New Hate Crimes Bill increases the punishment for those convicted under the Statute.  A criminal defendant convicted under the new law would face an additional six-to-twelve months in prison and a fine up to $5,000 for a variety of misdemeanor offenses.  For a felony offense prison sentences are increased to at least two-years in jail.

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Georgia Court System Georgia Criminal Defense Procedure

If you are being investigated for a crime or have been charged with a crime in Georgia, you need to know the criminal justice process you may be facing.  As a criminal lawyer based in Atlanta, I have helped thousands of clients defend cases throughout Georgia.

The criminal procedure you face will depend largely on where you are arrested and the charges you are facing.  A misdemeanor in Atlanta Municipal Court for instance, has a different procedure than a Felony or even a misdemeanor in Fulton or Cobb County.

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handcuffs-308897_960_720Georgia’s Second Chance Law Begins

Criminal Defense Lawyers in Georgia are praising the new law Georgia “Second Chance,” law that goes into effect on January 1, 2021.  Georgia Senate Bill 288 passed in June of 2020 expands the Georgia Expungement Rules for those who have committed nonviolent misdemeanor offenses.  Georgia’s law regarding criminal history has always been one of the most restrictive in the country.  Until now, you needed a pardon to be have your nonviolent criminal record expunged.  The bill allows for two misdemeanors to be expunged.

Crimes staying on a permanent record make it harder to find employment, are often racially biased, and affect housing, voting rights, and the Second Amendment Right to own a firearm.  These laws are a huge Scarlet A on the chest of nonviolent offenders who do not commit additional crimes from fully living the American Dream.  The law is a basic human and American Right.  Once  you serve your sentence for a crime, you should not face debilitating collateral consequences that hurt you financially, civically, politically, and more for the rest of your life. For instance, there are almost 300,000 citizens of Georgia on probation who cannot vote.

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What are the Georgia Hit and Run Laws

Hit & Run Depiction
Hit and Runs are essentially leaving the scene of any accident and you can be charged criminally as well as incur civil(money damages), as a result of a failure to stop. A driver in the State of Georgia has an affirmative duty to stop and render assistance during a traffic accident.  Failure to stop and render aid can lead to significant criminal felony or misdemeanor charges. Unfortunately there have a been a string of Hit and Run incidents recently in and around Atlanta:

Hit & Run on GA400 

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What Are Valid Warrant Requirements

Search Warrant

Search Warrant

Recently Fulton County Prosecutors tried to obtain records of the ex-cop charged with murder in the shooting death of Rayshard Brooks.  Brook’s death lead to riots in Atlanta and Fulton County.  The State was oddly trying to obtain records of donations to a fundraising account set up by the Georgia Law Enforcement Organization, a non-profit organization, that set-up an account on it’s website to defend Rolfe against the murder charges.  To date, approximately $500,000 has been raised on the site.  The District Attorney argued they wanted the information from the fundraising site to argue that Rolfe may try to skip bail.  The judge the case found that the State lacked probable cause to issue a warrant and denied the prosecutions request for a warrant.  Here is an article by the Atlanta Journal Constitution detailing the warrant request by the Fulton County DA, the response by Rolfe’s criminal defense attorneys, and the judge’s reasoning in the warrant denial: https://www.ajc.com/news/fulton-da-is-denied-warrant-to-probe-garrett-rolfe-fundraising-site/RL2U53UULVET5NW5N2ESYJKDHI/

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Decriminalization of Marijuana in Johns Creek, Georgia

marijuana-image
The municipal city of Johns Creek has taken steps to decriminalize marijuana possession according to this article from the Atlanta Journal Constitution. Public officials in favor of the municipal ordinance want to decriminalize the possession of less than an ounce of marijuana.  Those who have less than an ounce of marijuana would face no jail time and a maximum of a $75 dollar fine.

The current simple possession of marijuana ordinance is up to one-year in jail and up to a $1,000 dollar fine.  It is important to note that this change would not legalize marijuana.  The State of Georgia does not allow for cities to legalize the possession of marijuana and you could still face State or Federal charges depending on whether you were arrested by State police, on Federal property, or if you were charged with a felony count as well.

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What is Bail? Answers From an Atlanta, Georgia Criminal Lawyer

Georgia Bail Reform Picture
Bail is money and/or property paid to the Court that is intended to ensure a criminal defendant’s return to court for the alleged crimes.  It is a conditional release from jail, pending trial or resolution of a criminal matter.  Bail is required in almost all criminal cases in some form.  The more serious the crime, the higher the Bail.  In certain serious cases, where it is likely a defendant may try to skip bail and hide from prosecution, or after committing a new offense while on probation for a previous crime, Bail may be denied by a Judge. In some situations a defendant is unable to afford Bail and lacks the ability to pay a Bail Bondsman.  In these situations it is likely a person accused of a crime will sit in jail pending resolution of his/her criminal proceedings.  Some criminal cases can take years.  Thus, some criminal defendant’s end up languishing in jail for years awaiting a trial.  An important caveat to the above, there is no Bail in Family Court, and a child accused of delinquency can be held in detention or sent home with their parents pending court resolution.

How Much is Bail

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Contact Information
Thomas C. Nagel, Attorney at Law
5855 Sandy Springs Cir #150
Atlanta, GA 30328
Phone: 404-255-1600Fax: 404-255-7373

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