Augusta GA Criminal Defense Lawyers

Augusta Georgia Criminal Defense Lawyers Our lawyers defend criminal cases in the Augusta/ Evans GA, Aiken SC areas as well as high profile criminal cases worldwide. Firm founder, Michael Waddington, has successfully defended criminal cases in the CSRA & abroad. He has been reported on and quoted by hundreds of major media sources worldwide. Mr. Waddington has provided consultation services to 60 Minutes, ABC Nightline, the BBC, German Public Television and other major news outlets. He has successfully defended criminal cases in the USA, Europe, the Middle East (Iraq, Kuwait), Central Asia (Afghanistan), and the Pacific (Korea, Japan). In addition, he is the founder and president of the National Association of Military Defense Lawyers (NAMDL). The Firm's GA criminal defense practice includes the following areas:

Federal Offenses DUI/ DWI - Drunk Driving Drug Offenses Fraud Sex Offenses Violent Offenses Traffic Offenses White-Collar Offenses Property Crimes Theft Explosives Offenses Against the Government

Military Court Martials Military Separations Boards Firearm Offenses

Criminal Code Georgia - Augusta GA Criminal Defense Lawyer

THE CRIMINAL CODE OF GEORGIA GENERAL PART

BOOK 1 CRIMINAL LAW
CHAPTER 1

Criminal Legislation Of Georgia
Art. 1. Criminal legislation of Georgia
The Criminal Code of Georgia determines the grounds for criminal liability, actions, which are criminal, and establishes appropriate punishment or other measures under criminal law.
The Criminal Code is consistent with the Constitution of Georgia and the Universally Recognized Principles and Standards of the International Law.
The Criminal Code aims at evading criminal infringement and protecting lawfulness.

CHAPTER 2
The Scope Of Validity Of The Criminal Law
Art. 2. The temporal validity of criminal law
An action is deemed illegal and punishable under the law, which has been valid during the time of the commission of the action.
The time of the commission of an offense is the time when the offender or his accomplice was acting or was supposed to act. The time when the goal was achieved is not significant.
Art. 3. Retroactive effect of criminal law
A criminal statute, which repeals certain prohibitions, reduces punishment or otherwise improves the condition of a convict, has retroactive effect, i.e. it affects those, who had committed an action before this statute took effect, as well as those who are serving their sentence or those who have served their sentence, but are considered previously convicted.
If a new criminal statute reduces punishment for the actions, for which a person is serving his sentence, the sentence shall be reduced under the new criminal statute.
If a criminal statute has been altered from the commencement till the completion of an offense, the statute which has been valid at the completion of the offense, shall be applied.
If a criminal statute has been altered several times from the commission of an offense till the enforcement of a sentence, the more lenient statute shall be applied.
Coercive measure of training or medical nature shall be applied only under statute, which was valid at the time the court made its decision on the case.
Art. 4. The validity of criminal law with respect to offenses committed within the territory of Georgia
Those, who commit an offense within the territory of Georgia will be criminally prosecuted under this Code.
An offense will be considered as committed within the territory of Georgia, if it has started, continued, finished or stopped within the territory of Georgia. This Code is valid with respect to the offenses that have been committed within the continental shelf or special economic zone of Georgia.
Those, who commit an offense on or against the vessel, which is located on the high seas or in the air and which flies the Georgian flag or carries Georgian identification, will be criminally prosecuted under this Code, if not otherwise provided by an international treaty to which Georgia is a party.
Those, who commit an offense on or against a military warship or military aircraft of Georgia, shall be criminally prosecuted under this Code, irrespective of their location.
If a diplomatic representative of a foreign country or a person, who enjoys diplomatic immunity, commits an offense within the territory of Georgia, the issue of their criminal prosecution shall be settled in accordance with international norms.
Art. 5. Criminal prosecution for an offense committed abroad
If a citizen of Georgia, or a stateless person, who permanently lives in Georgia, commits an offense abroad, he shall be criminally prosecuted under this Code, provided the action committed by them is considered offense within the territory of the state, where it has been committed, and this person has not been convicted abroad.
If a citizen of Georgia or a stateless person, who permanently lives in Georgia, commits the action prohibited by this Code abroad and that action is not considered offense within the territory of that state, he shall be prosecuted under this Code, if the action committed undermines the interests of Georgia and falls within the category of serious or especially serious offenses.
A citizen of a foreign country or a stateless person, who does not permanently live in Georgia, will be criminally prosecuted under this Code, if they have committed a serious or especially serious ffense against the interests of Georgia, provided criminal prosecution for such offense is provided by an international treaty, to which Georgia is a party, and if they have not been prosecuted in a foreign state and are to be tried within the territory of Georgia.
Art. 6. Extradition of an offender
If a citizen of Georgia or a stateless person, who does not permanently live in Georgia, commits an offense within the territory of a foreign state, he shall not be extradited to that state, if not otherwise provided by an international treaty, to which Georgia is a party.
If a foreign citizen or a stateless person, who has committed an offense abroad, is in Georgia, he can be extradited to a foreign country to be criminally prosecuted or to serve his sentence, as provided by an international treaty, to which Georgia is a party.
A person, who has committed an offense and found refuge in Georgia, shall not be extradited to a foreign state, if he has been persecuted for political beliefs or if for the offense he has committed he can be sentenced to capital punishment in the state, which demands his extradition. The issue of criminal prosecution of this person shall be settled pursuant to international law.

If you are a suspect of a crime in the Augusta GA, Evans Georgia, Richmond County, or Columbia County GA area, call one of our criminal defense lawyers for a consultation.

Augusta GA Criminal Defense Lawyer - Felony Cases in Georgia

Augusta Georgia Criminal Defense Lawyers/ Evans GA Criminal Attorneys
Types and Levels of Crimes in GeorgiaWhat is a Felony? A felony is a crime for which the punishment is usually in excess of one year in prison or on probation and a fine of more than $1000.00. A person may also lose some or all of their civil liberties, such as the right to vote or own a handgun, if they are convicted of this type of crime.

What is a Misdemeanor? A misdemeanor is a crime for which the punishment is usually one year or less in the local jail or on probation and a fine of less than $1000.00. Punishment may also include a variety of other hardships such as community service at a recycling plant or picking up trash along the highway with the jail patrol; mandatory drug and alcohol counseling; waiver of your right to travel or your fourth amendment protections against unreasonable search and seizure; and other types of punishments.

Criminal conduct usually falls under one of seven (7) categories. Within each category there exists both misdemeanor and felony offenses. The less serious crimes are usually treated as misdemeanors the more serious crimes are treated as felonies. Remember, whether a type of crime is a misdemeanor or felony depends upon the level of punishment attached to the offense. See below for a description of the seven (7) general categories of crimes.

Augusta Georgia Criminal Defense Lawyers/ Evans GA Criminal Attorneys

Augusta Georgia Criminal Defense Lawyers/ Evans GA Criminal Attorneys

Our lawyers defend criminal cases in the Augusta/ Evans GA, Aiken SC areas as well as high profile criminal cases worldwide.

Firm founder, Michael Waddington, has successfully defended all levels of criminal cases in the CSRA & abroad. He has been reported on and quoted by hundreds of major media sources worldwide. Mr. Waddington has provided consultation services to 60 Minutes, ABC Nightline, the BBC, German Public Television and other major news outlets. He has successfully defended court martial cases in the USA, Europe, the Middle East (Iraq, Kuwait), Central Asia (Afghanistan), and the Pacific (Korea, Japan).
The Firm's criminal law practice includes the following areas:

Federal Offenses - Felony & misdemeanor
DUI/DWI - Drunk driving, hit and run, ALS hearings
Drug Offenses - possession, drug distribution, use, drug trafficking, conspiracy
Sex Offenses - rape, sexual assault, child molestation, enticement, solicitation, indecent exposure, sodomy, sexual battery
White-Collar Offenses - embezzlement, larceny, theft, graft, bribery, fraud, wrongful appropriation, identity theft, impersonation, conspiracy

Violent Offenses - murder, manslaughter, attempted murder, aggravated assault, battery, simple assault, rape, maiming
All Traffic Offenses - speeding, DUI, running red light, improper movement, hit and run, drunk driving, no registration, no license
Property Crimes - theft, wrongful appropriation, larceny, criminal trespass, shoplifting
Military - court martials, separation boards, show cause boards, appeals
Firearm Offenses - possession by a felon, trafficking, manufacturing, altering, assault, murder, attempted murder, explosives


Types and Levels of Crimes in Georgia
What is a Felony? A felony is a crime for which the punishment is usually in excess of one year in prison or on probation and a fine of more than $1000.00. A person may also lose some or all of their civil liberties, such as the right to vote or own a handgun, if they are convicted of this type of crime.
What is a Misdemeanor? A misdemeanor is a crime for which the punishment is usually one year or less in the local jail or on probation and a fine of less than $1000.00. Punishment may also include a variety of other hardships such as community service at a recycling plant or picking up trash along the highway with the jail patrol; mandatory drug and alcohol counseling; waiver of your right to travel or your fourth amendment protections against unreasonable search and seizure; and other types of punishments.
Criminal conduct usually falls under one of seven (7) categories. Within each category there exists both misdemeanor and felony offenses. The less serious crimes are usually treated as misdemeanors the more serious crimes are treated as felonies. Remember, whether a type of crime is a misdemeanor or felony depends upon the level of punishment attached to the offense. See below for a description of the seven (7) general categories of crimes.
The Seven Categories of Georgia Criminal Offenses
If you are a suspect of a crime in the Augusta GA, Evans Georgia, Richmond County, or Columbia County GA area, call one of our criminal defense lawyers for a consultation.
1) Property Crimes - Offenses involving some type of allegation of taking or damaging the property of another person without their knowledge or consent. Misdemeanor examples include theft by shoplifting ($300 or less in merchandise), theft by taking ($500 or less in value) and criminal trespass. Felony examples include burglary, robbery (taking by force), forgery (passing a phony check for example), and arson. Offenses known as "white collar" crimes.
2) Serious Traffic Violations - Offenses involving serious misconduct while driving a motor vehicle. DUI is the most common misdemeanor example, although multiple convictions for DUI can lead to the accused being charged with a felony as a habitual violator. Felony examples include vehicular manslaughter and vehicular homicide. These cases involve the accused driving in a very reckless manner - extremely drunk for example - and then causing death or serious injury to another innocent driver. The classic example is where a very drunk driver hits another car while driving, killing the other driver.
3) Sex Crimes - Offenses involving illegal sexual conduct. Examples of misdemeanors include pandering (soliciting a prostitute), indecent exposure, and sexual battery (uninvited sexual advances). Examples of felonies include rape, child molestation and possession of child pornography. These offenses are highly volatile in nature, and merely being investigated for such an offense can ruin a person's personal and professional reputation.
4) Drug Crimes - Offenses involving the possession, distribution, or sale of illegal drugs. Whether a particular offense is treated as a misdemeanor or a felony usually involves the weight or amount of the drugs involved. Normally, courts treat simple possession of drugs less seriously than selling or distributing drugs, as the user is seen partially as a victim in need of treatment by many judges whereas a dealer is viewed as part of the problem. There may also be considerable class bias in the punishment of these offenses as "upper class drugs" such as LSD, powder cocaine, and marijuana are punished less severely than "working class" or "inner city drugs" such as methamphetamine and crack rock cocaine.
5) Violent Crimes - Offenses involving an act of violence against another person. The violence can be verbal or mental - making terroristic threats or stalking - but usually the violence is physical in nature. Examples of misdemeanors are assault, battery, sexual battery and stalking. Felony examples are murder, aggravated assault, manslaughter and aggravated stalking.
6) Domestic Violence Crimes - This is really a sub-category of Violent Crimes, but deserves to be treated as a separate category. Domestic Violence offenses are relatively new as they are a political and legislative response to the increasing awareness of violent behavior between spouses and other persons living in the same house. They take crimes such as battery and simple assault, normally misdemeanors, and treat them as felonies if the accused and the victim are husband and wife or two people otherwise living together. The victim is also not allowed to dismiss the charges once the accused has been arrested and the prosecutor will attempt to prosecute the accused even if the victim - usually the spouse or other domestic partner - refuses to testify and wants the charges dismissed. The punishment for these charges has increased over the years, as public awareness of the problem of domestic violence increases.
7) Crimes Against Public Order or Public Administration - Offenses involving some kind of action against a public official, a government institution, or a breach of the public peace. Examples of misdemeanors include disorderly conduct, public intoxication, failing to appear in court, unlawful assembly, and giving a false name or driver's license to a police officer. Examples of felonies are possession of a firearm by a convicted felon, treason, violent obstruction of a police officer, and violation of an oath of office. These types of cases may involve constitutional challenges as they can bump into constitutional protections under our Bill of Rights. At the same time, some of the more misdemeanor offenses may also be treated as "civil ordinance" violations, where the accused is allowed to pay a small fine for disturbing local community standards instead of being punished for a crime under state law.
If you are a suspect of a crime in the Augusta GA, Evans Georgia, Richmond County, or Columbia County GA area, call one of our criminal defense lawyers for a consultation.

Augusta GA Juvenille Defense Lawyer - When are juveniles tried as adults?

In Augusta GA, when are juveniles tried as adults?

Juvenile courts usually hear cases involving persons between the ages of ten and eighteen. (The upper age may be lower in some states.) If the prosecution charges an older juvenile with a particularly serious or violent offense, the district or prosecuting attorney may request that an adult court try the juvenile as an adult. In some states, juveniles fourteen or older and charged with serious acts like murder, rape or armed robbery are handled in adult courts unless the judge transfers them to juvenile court.
How do juvenile proceedings differ from adult criminal proceedings?
Because juveniles do not have a constitutional right to a jury trial unless tried as an adult, judges hear most juvenile cases. Juveniles also do not have a right to a public trial or to bail.
Under most state laws, juvenile offenders do not commit "crimes." They commit delinquent acts, some of which are acts that would constitute crimes if committed by an adult. The trial phase of a juvenile case is an adjudication hearing. This means that the judge hears the evidence and determines whether the child is delinquent. The court may then take whatever action it deems to be in the child's best interest. The purpose is to rehabilitate, not punish.
How are juvenile proceedings similar to adult proceedings?
The fundamental elements of due process apply in a juvenile proceeding as they do in the criminal trial of an adult. For example, a child charged in a juvenile proceeding is entitled to:
notice of charges given in advance of any adjudication of delinquency;
an attorney, including one paid for by the state if the family cannot afford one;
the right to confront and cross-examine witnesses; and
the right to assert his or her Fifth Amendment privilege against self-incrimination.
Finally, the state is required to prove its charges beyond a reasonable doubt, just as in the trial of any adult on a criminal charge.
What is a parent's responsibility in juvenile cases?
Depending on the state where you live, you might be liable (legally responsible) for the acts of your child if you failed to supervise or control the child properly. For example, California recently passed a "gang parent" law that authorizes the arrest of parents of juvenile gang members who commit serious offenses. Similarly, if your teenage driver has an accident or commits a crime while driving the family car, the court may hold you responsible. One example of this is a teenager driving while intoxicated and causing injuries to another.

I live in Augusta GA - Can the police search my home without a warrant?

Can the police ever search a home without a warrant?

Georgia Rules on Search and Seizure
Yes, if you agree to a search. Also, the police are permitted to search your home without a warrant if there are sufficiently exigent circumstances. These include an emergency situation where the police have reason to believe someone's life is in danger, a suspect is about to escape, or someone might destroy the evidence (flush illegal drugs down the toilet, for example).

If you are in the Augusta GA area, get a criminal defense lawyer if you are a suspect.

In cases such as these when there is no time to get a warrant from the court, the police can search your home without permission.
What happens if a search is not valid?
Whether it is a search of a person, car, or home, if there is a motion challenging the legality of the search, a judge will rule on whether the search was constitutionally valid under the circumstances. If he or she rules it was not, the exclusionary rule—which prevents illegally obtained evidence from being introduced at the trial—will probably prevent the evidence from being used against you.

Can the police seize what they find in a frisk? GA Rules on Search and Seizure

Can the police seize what they find in a frisk?

GA Rules on Search and Seizure

If they are frisking you for weapons and feel a hard object in your pocket that might be a gun, they are permitted to reach in and remove it.
Suppose, however, that the police feel something soft in your pocket that could not possibly be a weapon. Under long-standing legal doctrine, the police have no right to seize such an item. The Supreme Court has held that a police officer conducting a pat down search for weapons is not entitled to seize an item that, based on the officer's sense of touch, bore no resemblance to a weapon.

Does Georgia criminal law permit the police to search a home or items in it?

Georgia Rules on Search and Seizure

Does the law permit the police to search a home or items in it?

The police normally cannot search your home unless they have a warrant. The warrant must specify what the police are looking for and at what location they are likely to find it. The law limits the search to areas where it is reasonable to believe the item might be. You cannot look for a bazooka in a breadbox—it is not sensible to look for a large item in a container too small to hold it.

Call a Augusta GA Defense Lawyer if you arrested in the Augusta Area

Do the police have the right to stop and frisk you? - Richmond County GA

Do the police have the right to stop and frisk you?

If you are arrested in the Richmond County or Columbia County Georgia Area Call a criminal defense lawyer

That depends on the circumstances. On the one hand, the Supreme Court has ruled that an anonymous tip that a person is carrying a gun is not, without more, sufficient to justify a police officer’s stop and frisk of that person. On the other hand, suppose that the facts and circumstances are sufficient for the police to reasonably suspect that you are engaging in a criminal activity and that you may be armed and dangerous. Then they may stop you briefly to frisk you for weapons.

Georgia Rules on Search and Seizure - Augusta GA Criminal Lawyer

Georgia Rules on Search and Seizure

May the police search you without a warrant? If you are suspect or accused of a crime in the Augusta GA area, call an experience Criminal Lawyer immediately

That depends on whether you are under arrest. If the police have lawfully arrested you, they are permitted to search you. They also are allowed to search the area under your immediate control (also known as your wingspan, or where you can reach). They could then use that evidence against you in court.

Criminal Law - Rules on Search and Seizure

Criminal Law - Rules on Search and Seizure

Georgia Criminal Lawyer and Defense Attorney - Evans GA Law Firm

Do wiretaps have to be approved in advance?

The law considers wiretapping to be very intrusive. Therefore, federal law closely regulates it. A court will permit wiretapping only for a limited period. The authorities (usually FBI agents) who listen to your telephone calls must make efforts to minimize this intrusion by limiting the number of intercepted calls that do not involve the investigation. An example of this would be tapping a bookie's telephone only during the hours when bets likely will be placed. After the wiretap period has ended, the authorities must inventory the calls and reveal to the court the content of the conversations they intercepted.
Police generally need a warrant in order to search email records.

Criminal Liability - Augusta Georgia Criminal Defense Attorney

Augusta Georgia Criminal Defense Attorney - Criminal Liability in Georgia

Historically in our criminal-justice system, two things must have been present for criminal liability to attach to an action. First, a person must have the intent to take the criminal action. Traditionally this culpable state of mind was called mens rea, Latin for guilty mind.
The second requirement for criminal liability is actus reus, Latin for guilty act. The prohibited physical event must take place in combination with the requisite criminal intention for the actual commission of a crime to take place.
In other words, it is not a crime to only think about committing a crime nor is it generally a crime to cause a criminal deed without the intention to do so.

Augusta GA Criminal Defense Lawyer - Criminal Law - An Overview

Augusta GA Criminal Defense Lawyer - Criminal Law - An Overview

Our criminal-justice system can be overwhelming and frightening. The United States' incarceration rate is much higher than that of other industrialized countries. Prison sentences are getting longer and more frequent. If you face the possibility of being accused of a crime, contact an experienced criminal defense lawyer as early in the process as possible, preferably even before questioning or investigation. A skilled attorney can fight for your legal and constitutional rights. Remember that if you cannot afford to hire a lawyer, the government may have to provide one for you.