What Is an Insanity Defense? An insanity defense is an affirmative defense. The defendant admits to committing the act but argues they lacked mental capacity. They claim they could not understand what they did or tell right from wrong. Because of this mental incapacity, the defendant argues they should not face criminal responsibility. This defense…
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Is Impaired Driving a Criminal Offense in Georgia? Yes, impaired driving is a criminal offense in Georgia. The state charges impaired driving as Driving Under the Influence. A conviction creates a permanent criminal record. This distinction matters. A speeding ticket or expired tag is a traffic infraction. You pay a fine, and the matter ends.…
Continue reading ›What Is a Motion in Limine? A motion in limine is a pretrial request asking a judge to rule on whether specific evidence may be presented at trial. If the judge grants the motion, the jury never hears the excluded evidence. The term comes from Latin. "In limine" means "at the threshold" or "at the…
Continue reading ›What Is a Terroristic Threat in Georgia? A terroristic threat is a felony offense. It occurs when a person threatens to commit a violent crime, release a hazardous substance, or burn or damage property. The threat must be made to terrorize another person, cause a building evacuation, or create serious public inconvenience. Georgia law treats…
Continue reading ›What Is Public Drunkenness Under Georgia Law? Public drunkenness is a criminal offense in Georgia. It occurs when a person appears intoxicated in a public place and displays observable behavior. This is not simply about drinking too much. The statute requires visible, disruptive conduct. Specifically, public drunkenness occurs when a person appears intoxicated in any…
Continue reading ›Can a Drug Trafficking Charge Be Dismissed in Georgia? Yes, drug trafficking charges can be dismissed in Georgia. Dismissal depends on three factors. First, how law enforcement obtained evidence matters. Second, the strength of the State’s case affects outcomes. Third, whether prosecutors can prove every element under drug trafficking is critical. Understanding dismissal requires identifying…
Continue reading ›What Counts as Driving on a Suspended License in Georgia? Driving on a suspended license in Georgia is a criminal offense – not just a traffic ticket. Under Georgia law, operating a motor vehicle on a suspended license while your license is suspended, revoked, canceled, or disqualified faces criminal charges. A suspended license means the…
Continue reading ›What Is a Motion to Vacate or Modify an Order of Protection? A motion to vacate or modify an order of protection is a formal written request to a Georgia court. The request asks the court to either cancel a protective order entirely or change its specific terms. Understanding the difference between the two options…
Continue reading ›What Is a 1st Offense DWI in Georgia? A 1st offense DWI in Georgia refers to a first-time charge of driving under the influence of alcohol or drugs. Georgia law uses the term “DUI” rather than “DWI,” but many drivers search for both terms. The charge falls under impaired driving offenses, which covers all such…
Continue reading ›What Counts as a First-Time Drug Offense in Georgia? A first-time drug offense is any controlled substance charge – typically possession – where the defendant has no prior drug conviction on record. Georgia prosecutes these cases under the Georgia Controlled Substances Act. Consequences depend on the substance, quantity, and specific charge filed. The Georgia Controlled…
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