Georgia Criminal Defense Lawyer Blog

What Is a Failure to Appear on a Traffic Ticket? When you sign a Georgia traffic citation, you make a legal promise to appear in court on a specific date. If you do not show up, the court treats it as a failure to appear (FTA). A failure to appear traffic ticket triggers a separate…

What Is a Breath Lock Device? A breath lock device – formally called an ignition interlock device (IID) – is a small breathalyzer wired into a vehicle's ignition system. It stops the engine from starting if it detects alcohol on the driver's breath. Courts and the Georgia Department of Driver Services (DDS) order these devices…

Is it illegal to drive uninsured in Georgia? Yes, the state bars it. Is driving without insurance a crime? Yes, and the offense is a misdemeanor rather than a civil ticket. A conviction can bring a fine of $200 to $1,000. A license suspension is mandatory. Jail exposure runs up to 12 months. Whether an…

Few civil filings move as fast – or carry as much criminal exposure – as a Georgia temporary protective order. One sworn petition, signed by a Superior Court judge after an ex parte hearing, can force a respondent out of the family residence, suspend firearm rights, dictate child custody and visitation, and create a paper…

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…

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.…

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…

What Is Terroristic Threatening? Georgia's Definition Terroristic threatening is the everyday name for a Georgia charge that punishes threats of violence, not acts of terrorism. A terroristic threat happens when a person threatens to commit a crime of violence, to release a hazardous substance, or to burn or damage property. The state must also prove…

A drunk in public charge in Georgia is a misdemeanor offense. The code calls it public drunkenness. Georgia law sets it out. Intoxication alone is not enough. The state must also prove the condition was manifest. It must show boisterousness, an indecent condition, an indecent act, vulgar language, profane language, loud language, or unbecoming language.…

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…