Is Hate Crime Legislation Constitutional?

Published on: January 5, 2021 | by Thomas C. Nagel

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.

Atlanta Criminal Lawyer Discusses Georgia Criminal Procedure & Courts

Published on: January 5, 2021 | by Thomas C. Nagel

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.

Criminal Convictions & Expungements

Published on: January 5, 2021 | by Thomas C. Nagel

Georgia’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.

Georgia Hit & Run Laws

Published on: September 14, 2020 | by Thomas C. Nagel

What are the Georgia Hit and Run Laws

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

Fulton County District Attorney Denied Warrant Request in Ex-Cop Rolfe Case

Published on: August 29, 2020 | by Thomas C. Nagel

What Are Valid Warrant Requirements

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/