What to do if you are facing criminal charges in Georgia

Published on: September 16, 2021 | by Thomas C. Nagel

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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

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.

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.

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

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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/

Will Georgia Ever Legalize Marijuana

Published on: August 28, 2020 | by Thomas C. Nagel

Decriminalization of Marijuana in Johns Creek, Georgia

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.

What is Zoom-Bombing and How You Can Face Serious Criminal Consequences in Georgia

Published on: August 26, 2020 | by Thomas C. Nagel

What is Zoom-Bombing

Zoom-Bombing Juvenile

Zoom bombing is real and new. Many younger juveniles may consider it a prank. It can have serious legal and criminal consequences. Zoom bombing is a rather new phenomenon and an interesting problem for criminal defense attorneys. In today’s new world, during the Covid-19 pandemic and with schools and workplaces utilizing more technology than ever, a prank on the SaaS Zoom platform can land you in real hot water with authorities. And unfortunately, a Zoom-Bomb prank can have life-long legal ramifications. In the last two weeks there have been at least two Zoom-Bombing incidents in local Gwinnett County Schools: