Georgia Criminal Defense Lawyer Blog

What Is an Open Carry Permit? An open carry permit is a state-issued license that lets a person carry a firearm in plain sight, usually in a belt holster or a shoulder rig rather than hidden under clothing. Open carry is the opposite of concealed carry, where the firearm must stay out of view. Some…

Georgia runs a driver's license point system through the Department of Driver Services, and that system tracks moving violations. DUI convictions do not add points to a Georgia driving record. A drunk driving charge triggers its own license suspension instead, and those rules sit in a different part of the code. Many drivers mix up…

What Evidence Do Police Need to Charge You With DUI in Georgia? A person can be charged with DUI in Georgia without a breath test, blood test, or observed driving. A DUI charge requires only probable cause – not proof beyond a reasonable doubt. The threshold to arrest and charge a driver is far lower…

What Is Theft of Lost or Mislaid Property Under Georgia Law? Under Georgia law, theft of lost or mislaid property occurs when a person gains control of property they know or learn to be lost or mislaid and then keeps it without first taking reasonable measures to return it to the owner. The offense is…

Yes, a Georgia DUI Charge Can Arrive Days After You Drive Can you be charged with DUI days later in Georgia? Yes. Georgia law does not require an arrest at the roadside for a DUI case to go forward. A charge can be filed after the driving is over, once the investigation is finished. Georgia's…

What a Statute of Limitations Means in a Criminal Case A statute of limitations is the deadline the State has to formally bring criminal charges. The clock runs from when the offense is alleged to have happened, not from when someone reports it and not from when an arrest occurs. People searching for the sex…

What It Means When a Georgia DUI Court Date Gets Reset When your DUI court date keeps getting pushed back, the case has been continued and moved to a later calendar. In most instances that reflects scheduling and case-preparation realities, not the strength of the charge against you. A Georgia criminal case does not move…

Types of Restraining Orders in Georgia Georgia law recognizes several types of restraining orders, each with its own eligibility rules, duration, and procedure. Understanding which type applies to your situation is the first step toward obtaining – or responding to – a protective order in a Georgia court. The different types of restraining orders are…

What Is Legal Restitution in Georgia? A sentencing court may order a defendant to pay a victim restitution. This money compensates the victim for a loss caused by the offense. Restitution is part of the criminal sentence itself, not a separate lawsuit filed by the victim. Three ideas get confused here, and the difference matters.…

What Counts as a Felony in Georgia? In Georgia, a felony is an offense. It is punishable by imprisonment for more than 12 months. It can include life imprisonment. A misdemeanor is capped at 12 months. Some felonies can be reduced to a misdemeanor at sentencing. Most readers want to know which charges cross that…