Georgia Criminal Defense Lawyer Blog

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…

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…