Defending these cases usually depends on fourth amendment arguments. Did law enforcement have the right to stop you? If so, was the stop unreasonably prolonged? If not, did they have the right to search you and/or your car? Etc.

Feel free to email me to talk about setting up a retainer... View More

If the new charge alleges conduct from before your fiance was sentenced to work release, you can file a petition for habeas corpus to challenge the alleged probation violation.

Otherwise, you can file a motion for bond on the probation revocation.

Please email me if you would like... View More

Technically, you can use a character witness to defend against a DUI change, but it is probably not advisable.

Generally, using a character witness "opens the door" for the prosecution to call other witnesses, or to present other evidence, against the defendant's character,... View More

There are different ways to do this, depending on what happened and when.

Please email me for assistance.

If you have not plead nolo before, yes, but you should try to avoid having to use your nolo for this.

Email me if you'd like some help.

Strictly speaking, no, but you need to be careful here.

You need to roll the window down far enough for the police to do what they are otherwise permitted to do, including give you a citation to sign, if applicable.

You do not want to end up in a situation like Ms. Addie Smith:... View More

Yes, that is a great angle of attack.

If they are charging you with drug possession, they have to prove that the substance you possessed was in fact the drug named in the charges. "White residue" alone is circumstantial evidence only, not sufficient to convict. It could be... View More

No. If the old charge is alleged to have occurred before you were on probation, it cannot be used to violate your probation.

In general, the prosecution has to prove that you were properly notified of the suspension in order to win their case against you.

Whether you were "properly" notified is case-specific.

In some circumstances, most commonly in DUI scenarios, notice occurs automatically,... View More

There is no limited permit available when your license is suspended due to "refusing" implied consent.

You must either attack the suspension in the administrative court or beat the DUI charge in criminal court.

Please feel free to contact me if you would like to discuss... View More

Yes, but you should probably be going for simple probation instead.

Email me to discuss.

They are going to say that you had "constructive possession" of the drugs.

Let me know if you'd like some help.

Yes, there are several options there, depending on exactly what happened at the hearing. Please email me ASAP. Most of the options are time-sensitive.

You should each consult separate attorneys in order to avoid placing a single attorney in a conflict-of-interest scenario.

Sometimes these companies need a little nudge, even after the courts seal the records.

You also need to make sure to get the records restricted by the various law enforcement entities involved in the arrest/detention.

Civic rights are not loopholes.

If you feel the need to lie to law enforcement, it is almost always better to say instead "I invoke my right not to respond", or to say nothing at all.

If you are caught lying to law enforcement, you can face criminal charges, and you can also lose credibility as a witness or a... View More

§ 16-11-36. Loitering or prowling

A person commits the offense of loitering or prowling when he is

in a place at a time or in a manner not usual for law-abiding individuals

under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the... View More

A speeding ticket in Georgia is misdemeanor crime, although the penalties for a first, life-time speeding ticket in Georgia are capped below the standard maximum penalties for misdemeanors. See O.C.G.A. § 40-6-1.

Private property does not become "public property" merely by you stopping on it during a pullover.