Articles Posted in Criminal Defense

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…

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 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…

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…