Augusta GA vehicular homicide criminal law lawyers

Augusta GA vehicular homicide criminal law lawyers

Columbia County GA manslaughter lawyer

First degree vehicular homicide is considered a felony. A homicide by vehicle is considered as first degree when the driver:
(1) illegally met or overtook a school bus;(2) illegally did not stop after a collision;(3) was driving recklessly;(4) was driving while under the influence of alcohol or drugs;(5) did not stop for, or otherwise was attempting to flee from a law enforcement officer, or (6) had previously been declared a habitual violator.
First degree vehicular homicide is punishable by 3 to 15 years in prison. If the accused had previously been declared a habitual offender, the punishment ranges from five to twenty years, and at least one year of the sentence should be served.
Second degree homicide by vehicle includes all vehicular homicides without intent to kill that involve any other violations of the laws regulating the operation of motor vehicles. For instance, a death resulting from a failure to yield to oncoming traffic, speeding, or driving too slowly, except if such constituted reckless driving, could be charged as a homicide by vehicle in the second degree.
Second degree vehicular homicide is a misdemeanor, punishable by imprisonment for up to 1 year, a fine of up to $1,000, or both. Meanwhile, at the judge s discretion, punishment may be suspended or a probation sentence may be received.
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Augusta GA DUI Lawyer - Evans GA Criminal Defense Attorney - Richmond County GA DUI

The Augusta Legal Center of Hawk and Detchemendy - DUI and Criminal Defense Attorneys - (706) 722-3500 - www.augusta-ga-dui.com

Attorneys Vic Hawk, Melissa Detchemendy, and Reid Sanders defend DUI cases and criminal cases in Georgia.

Arson Offenses in Richmond County Georgia criminal law lawyers

Arson Offenses in Richmond County Georgia criminal law lawyers

Augusta Criminal defense

Arson is a crime of general intent which means that arson was committed "willfully and maliciously." The only thing needed for an arson charge is proof that you intentionally lit the fire. The criminal intent with arson is purpose to start a fire, although there is no intent to burn a structure. A fire inspector must then testify in court that he/she also suspected arson, and then an expert witness must testify to support the fire inspectors opinion.
Arson is classified into 1st degree (homes, schools, churches), 2nd degree (unoccupied structures, vehicles), and 3rd degree (personal property). Because arson is a crime against possession, not ownership, a person can be charged with burning their own house, or committing arson against themselves.
A person helping with the crime is generally charged with arson rather than being an accomplice to the crime. Pouring gasoline on the floor of a building or possessing firebombs might be offenses related to arson under some state statutes. Arson that involves damage to federal property is almost always prosecuted in federal court, and also anything involving interstate or foreign transport.
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Augusta GA DUI Lawyer - Evans GA Criminal Defense Attorney - Richmond County GA DUI

The Augusta Legal Center of Hawk and Detchemendy - DUI and Criminal Defense Attorneys - (706) 722-3500 - www.augusta-ga-dui.com

Attorneys Vic Hawk, Melissa Detchemendy, and Reid Sanders defend DUI cases and criminal cases in Georgia.

Augusta GA Arson Offense criminal law attorney

Augusta GA Arson Offense criminal law attorney

Richmond County Georgia Criminal defense lawyer

The elements of arson are setting a fire that reaches a structure and, in turn, burns said structure. Arson law also considers explosions as burnings. The common law rule is that no matter how slight the burning, the arson is complete. So it does not matter how much burning takes place. A fire will be treated as arson when it occurs inside a house only when the item damaged is a permanent fixture. While sinks, lighting, and appliances qualify as permanent fixtures, personal property such as furniture, clothing, or documents are not permanent fixtures. Some states have arson laws which distinguish between "sooting" (smoke damage), "scorching" (blistering), "charring" (external surfaces destroyed), and so on, however the main point is that a structure need not burn to the ground for it to be considered arson. The police and firefighters decide the circumstances to be considered for arson such as the type of structure and amount of damage.

Arson is a serious charge that usually does not involve being let off with a warning. A seasoned criminal attorney can assist you if you are charged with arson. The penalties may be severe, but an experienced criminal attorney can get you the best possible results.
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Augusta GA DUI Lawyer - Evans GA Criminal Defense Attorney - Richmond County GA DUI

The Augusta Legal Center of Hawk and Detchemendy - DUI and Criminal Defense Attorneys - (706) 722-3500 - www.augusta-ga-dui.com

Attorneys Vic Hawk, Melissa Detchemendy, and Reid Sanders defend DUI cases and criminal cases in Georgia.

Columbia County Georgia Sex Harassment Offense defense law firm

Columbia County Georgia Sex Harassment Offense defense law firm

Criminal defense Richmond County GA

In Georgia, sexual harassment refers to intimidation of an unwelcome sexual nature or the promise of rewards in return for sexual favors. Sexual harassment has different forms and includes full blown sexual assaults, discrimination, verbal taunting and touching.

The Equal Employment Opportunity Commission (EEOC) formulated guidelines for enforcing Title VII actions. Title VII of the Civil Rights Act is a federal law that disallows employment discrimination but the Supreme Court has ruled that it also prohibits sexual harassment. Sexual Harassment is defined by the EEOC as:
Sexual advances, requests for sexual favors, or verbal or physical actions of a sexual nature that occur when:
1. It was obvious that doing the act was a condition of the employment,
2. If you rejected the proposition, your boss might use that as a basis for termination, transfer or salary decisions, or
3. The actions unreasonably interfered with your work performance or created a fearful, hostile, or offensive work atmosphere.
Types 1 and 2 are known as "quid pro quo" acts and are sexual bribery.
Type 3 includes "hostile work environment" claims are more subjective.
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Augusta GA DUI Lawyer - Evans GA Criminal Defense Attorney - Richmond County GA DUI

The Augusta Legal Center of Hawk and Detchemendy - DUI and Criminal Defense Attorneys - (706) 722-3500 - www.augusta-ga-dui.com

Attorneys Vic Hawk, Melissa Detchemendy, and Reid Sanders defend DUI cases and criminal cases in Georgia.

Richmond County Georgia impaired driver defense law firm

Richmond County Georgia impaired driver defense law firm

Augusta DUI lawyer

Whereas a DUI offense involving drugs can be prosecuted by the State although if the drugs are prescribed by a physician, special laws apply to DUI-contraband charges. These cases involve illegal substances such as marijuana, cocaine, heroine, etc. in the drivers blood system. The DUI offense is based upon driving while having an unlawful substance in the blood system. Although this issue is presently on appeal, the prosecutor is not currently required to demonstrate impairment caused by the illegal contraband drugs in your system. Mere evidence of the presence of a contraband substance or its "metabolites" is sufficient to result in a conviction. Yet, recent case law (Love v. State) holds that if a person has marijuana present in his/her system, the government must prove that the person was rendered incapable of driving safely as a result of using the marijuana.

Besides the misdemeanor DUI contraband penalties, GA law has other more punitive statutes for possession of drugs when marijuana or other narcotics are found in a car or someones pocket. A "possession" offense can be committed by a person driving a vehicle, or by a person not operating a vehicle. Your drivers license can be suspended upon a guilty plea or a conviction for possession of drugs, although you were not driving when at the time of arrest. This law has been upheld by the GASupreme Court after an appeal on challenges to its validity.
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Augusta GA DUI Lawyer - Evans GA Criminal Defense Attorney - Richmond County GA DUI

The Augusta Legal Center of Hawk and Detchemendy - DUI and Criminal Defense Attorneys - (706) 722-3500 - www.augusta-ga-dui.com

Attorneys Vic Hawk, Melissa Detchemendy, and Reid Sanders defend DUI cases and criminal cases in Georgia.

Augusta Georgia Repeat Offender license suspension DUI lawyer

Augusta Georgia Repeat Offender license suspension DUI lawyer
Augusta DUI attorney

For person's who have one previous DUI arrest within the last 5 years, a three year suspension is issued. No license and no work permit is permitted for at least 18 months. The suspension begins on the 31st day after the arrest except when an administrative appeal is sought and successfully argued. Whereas, these second-time violators can attend a DUI risk reduction program and pay a reinstatement fee and have their license reinstated after eighteen months.
Any individual who has already had two or more prior administrative license suspensions within a five year time period can attend a DUI risk reduction program and pay a reinstatement fee and have their license reinstated after 60 months. No work permit of any type is allowed for at least 24 months.

Drunk driving is first and foremost a crime, not just a driving offense. When you are convicted of a DUI, you will have a criminal record, which could hurt your professional, financial, and educational opportunities throughout your life. Most legal matters are downright confusing; especially to ordinary people with no legal background. Someone like you or me will not understand the in-depth legal vocabulary a typical Georgia Drunk driving lawyer would use inside the courtroom. People facing a DUI charge need a GA DUI attorney to help them take the correct decisions.---------------------------------
Augusta GA DUI Lawyer - Evans GA Criminal Defense Attorney - Richmond County GA DUI

The Augusta Legal Center of Hawk and Detchemendy - DUI and Criminal Defense Attorneys - (706) 722-3500 - www.augusta-ga-dui.com

Attorneys Vic Hawk, Melissa Detchemendy, and Reid Sanders defend DUI cases and criminal cases in Georgia.

Columbia County GA DUI Administrative license revocation ALS attorney

Columbia County GA DUI Administrative license revocation attorney

Richmond County federal defense lawyer

Persons who have not had a prior DUI arrest within 5 years are considered to be first offenders under the ALS law. The suspension period is 1 year. However, first offenders can seek the following favorable treatment. When the initial 30-day temporary driving permit allowed by the form received at the time of the arrest comes to an end, the individual can seek and receive a 30 day work permit that allows him/her to drive to work, medical treatment, DUI Risk Reduction Program, College, etc., but no recreational driving. There is a $25 charge for this limited driving permit. Also, if the person enrolls in and completes a Risk Reduction Course and on payment of a reinstatement fee ($200 by mail; $210 if done in person), he/she can obtain early reinstatement of his/her license or privilege to drive after the 30 day permit expires.

Your first thing to do is to get in touch with a GADUI attorney without wasting any time. They can provide an clear and unbiased perspective of your legal remedies. Through their expertise and advice, you can choose the best remedy available to your current position. A GeorgiaDUI law firm has knowledge of all the laws to use to your advantage as well as interpreting state constitutions to use as a lifeline. The best method to prevent such harsh sentence is to avoid being charged with DUI at all, or at least being charged more than once.
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Augusta GA DUI Lawyer - Evans GA Criminal Defense Attorney - Richmond County GA DUI

The Augusta Legal Center of Hawk and Detchemendy - DUI and Criminal Defense Attorneys - (706) 722-3500 - www.augusta-ga-dui.com

Attorneys Vic Hawk, Melissa Detchemendy, and Reid Sanders defend DUI cases and criminal cases in Georgia.