Georgia Criminal Defense Lawyer Blog

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. OCGA § 16-11-41 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…

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…

What Counts as Driving on a Suspended License in Georgia? Driving on a suspended license in Georgia means operating a motor vehicle on a Georgia roadway without valid driving rights. The privilege must be suspended, revoked, canceled, or disqualified. You must also know about that status. Georgia treats driving while license suspended as a criminal…

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. If you were just served and the…