Georgia Criminal Defense Lawyer Blog

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. Most readers want to know which charges cross that line. The possible sentence decides it. Georgia uses three tiers.…

What Is the Fine for Texting While Driving in Georgia? The fine for texting while driving in Georgia generally starts at $50 and one point on your license for a first conviction. A second conviction within 24 months generally brings a $100 fine and two points. A third or later conviction in that same 24-month…

What People Really Mean by Drug Law Loopholes There is no secret list of drug law loopholes that makes a Georgia drug charge disappear. Georgia drug prosecutions do fail on a regular basis, but they fail on constitutional and evidentiary grounds that non-lawyers describe as loopholes. A loophole implies a drafting error in the statute.…

What Georgia Law Actually Requires Before a Judge Signs an Order Clients often ask a blunt question: can you get a restraining order for no reason in Georgia? No. A Georgia court cannot lawfully issue a protective order without a stated, qualifying reason. The petitioner must swear to specific conduct that fits a category the…

Why What You Wear in Traffic Court Matters In Georgia traffic court, business casual is the safe default. That means a collared shirt and slacks, or a blouse with a skirt or slacks, plus closed-toe shoes. Clothing is not evidence. It does not change the law or the facts of your traffic stop. Even so,…

What Georgia's Implied Consent Law Actually Requires No officer can physically force you to blow into a breath machine. By driving on Georgia roads, you give implied consent under OCGA § 40-5-55. This means consent to a state-administered chemical test. The test covers blood, breath, urine, or other bodily substances. Refusing that test is a…

What Counts as an Illegal U Turn in Georgia? Georgia has no blanket ban on turning around. On most roads the maneuver stays legal until a sign, a sightline problem, or a safety problem makes it unlawful. That is why an illegal U turn ticket always turns on where the turn happened and how it…

What Is a Property Bond? A property bond is a form of bail. The defendant or a third party pledges real property as collateral for the defendant's appearance in court. Real property takes the place of cash or a bondsman's surety. If the defendant appears through the end of the case, the pledge is released.…

Is Littering Illegal in Georgia? Yes. Littering is illegal in Georgia. The state prosecutes it as a criminal misdemeanor under OCGA § 16-7-43, "Littering public or private property." The statute makes it unlawful to dump, deposit, throw, or leave litter on public property. It also covers private property of another and Georgia's waters. Three narrow…