Georgia Criminal Defense Lawyer Blog

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…

A Georgia DUI fine generally runs from $300 to $1,000 for a first conviction. A fourth offense within ten years can carry a fine of up to $5,000, before mandatory surcharges are added. These ranges come from the Georgia statute that defines driving under the influence and sets the penalty ranges for the offense. The…

What Counts as Hazing Under Georgia Law? Hazing in Georgia means subjecting a student to an act that endangers or is likely to endanger physical health. It also covers coercing a student, through social or physical pressure, to consume any food, liquid, alcohol, drug, or other substance that carries a likely risk of vomiting, intoxication,…

What the State Must Prove in a Georgia Theft Case You beat a theft charge in Georgia by defeating one of the elements the prosecutor must prove beyond a reasonable doubt. In most cases that means attacking intent, knowledge, possession, or value. If the State cannot prove every element, the charge may be reduced or…

What Is the Legal BAC in GA? The legal BAC in GA is 0.08% for drivers 21 and older. That limit covers anyone driving a non-commercial vehicle. Georgia sets the number in its DUI statute. Most drivers who search this term want one number. That number covers most adults on the road. BAC stands for…