Georgia Criminal Defense Lawyer Blog

What a Warrant Is in Georgia If you are asking how can you get a warrant in Georgia, the short answer is that only a judicial officer can issue one. A warrant is a written order, usually signed by a magistrate, that lets police arrest a named person or search a described place. It issues…

What Counts as Exploitation of an Elder Person in Georgia Exploitation of the elderly is a felony in Georgia. Under OCGA § 16-5-102, a person commits a crime by knowingly and willfully exploiting a disabled adult, elder person, or resident. The statute also covers depriving that person of the possession, use, benefit, or proceeds of…

What the RICO Act Means in Plain Terms RICO stands for the Racketeer Influenced and Corrupt Organizations Act. That is the short answer to what is the RICO Act. The law lets prosecutors charge an entire group for a pattern of related crimes through an ongoing enterprise. They do not prosecute each crime separately. Congress…

Yes, identity theft is a felony in Georgia. The state charges the crime as identity fraud. No misdemeanor grade of the offense exists, no matter how small the dollar loss. Under Georgia's identity fraud sentencing statute, a first conviction brings one to ten years in prison. A court may add a fine of up to…

What Unlawful Imprisonment Means in Georgia Unlawful imprisonment means holding or detaining another person against their will. The person doing the holding has no legal right to do so. Georgia calls this crime false imprisonment, and the statute is O.C.G.A. § 16-5-41. A person commits it by arresting, confining, or detaining someone in violation of…

What Is Custodial Interference in Georgia? Custodial interference is the phrase most people search for, but Georgia has no crime by that name. Georgia charges this conduct as interference with custody. The offense covers knowingly or recklessly taking, enticing, or withholding a child or a committed person from whoever holds lawful custody. This is a…

What Counts as a False Accusation Under Georgia Law A false accusation is a knowingly untrue claim. Someone claims that another person committed a crime. The claim may go to law enforcement, a court, or a third party. Georgia's false accusations law is not a single statute. Instead, a set of criminal and civil rules…

Is your first DWI a felony in Georgia? In most cases, no. A first impaired driving charge in Georgia is usually a misdemeanor. It becomes a felony only when aggravating facts apply. A crash that seriously hurt someone is one example. A separate felony charge filed with the DUI is another. A wording gap also…

What Is the Alford Doctrine? The Alford doctrine lets a defendant plead guilty while still telling the court, on the record, that he did not commit the crime. The defendant accepts the conviction and the sentence because the state's evidence would likely persuade a jury to convict. Courts call the result an Alford plea. An…

Are Juvenile Records Sealed Automatically in Georgia? Juvenile court records in Georgia are private. The public cannot view them. But they are not sealed automatically. Private and sealed mean two different things. The difference matters. Privacy limits who may view a file while the case is open. Sealing goes further. Once a court seals a…