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.

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/

Atlanta Georgia Criminal Defense Lawyer Thomas Nagel discusses O.C.G.A. 15-8-1 Transferring or “binding over” a case from a city to a county court

Published on: August 30, 2015 | by Thomas C. Nagel

Fulton County Courthouse in Atlanta Georgia

If you’ve been arrested or charged with a crime that requires you to appear in a city court, traffic court, recorders court, magistrate court or municipal court or anywhere else in the State of Georgia, you have several ways to resolve your case. Your basic options include pleading guilty, not guilty or nolo contendere.

If you plead not guilty, your case will be scheduled for a bench trial in that court where the judge will hear the evidence in your case and decide if you are guilty or not guilty. There are no jury trials held in city court. Your case must be bound over to state or superior court if you decide to have a jury trial. (O.C.G.A. 15-7-1)