Articles Posted in Criminal Defense

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 The RICO Act lets prosecutors charge an entire group of people for a pattern of related crimes. These crimes must be committed through an ongoing organization. For someone accused, it means the government ties separate offenses together. Each member can be held responsible for the group's conduct.…

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 without legal right. Georgia calls this crime false imprisonment, and the statute defines the offense. A person commits it by arresting, confining, or detaining someone in violation of that person's personal liberty. The wording matters. Most people search…

Interference With Custody Under Georgia Law What is interference with custody in Georgia? It is knowingly or recklessly taking or enticing a child or committed person away from the individual who holds lawful custody, or intentionally and willfully keeping that child past a lawful period of visitation. The offense is a criminal charge under Georgia…

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…

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…