Augusta GA DUI Lawyer | Georgia Criminal Defense Attorney

Augusta, Georgia Marijuana attorney

2010-02-26T06:50:00.000-05:00

Augusta, Georgia Marijuana attorney

Marijuana rules are different in every state. It is important to know the subtle differences. Buying, selling, using or growing marijuana is illegal all over of the United States. Penalties vary from state to state, but normally consist of jail term, a fine or both. In few states, you will be arrested for simply being in a place where you are aware that drug activity is taking place. The severity of the penalty varies based on different factors:
• Quantity - Penalties vary based on the amount of marijuana recovered from the person's possession.
• Selling - Penalties are much severe for persons intending to sell.
• Growing - Penalties are much severe for those growing cannabis.
• Location - A person arrested for selling marijuana near a school will usually face severe penalties.

When you're found with marijuana, you may charged a huge fine and/or be sent to prison. If you are caught more than once, or when looks like you're going to sell the drug, the punishment is tougher.

Augusta, Georgia has strict marijuana laws. If you have been charged with a marijuana crime, contact a marijuana defense attorney immediately.

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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.

The Writ of Habeas Corpus

2010-02-25T06:13:00.000-05:00

The Writ of Habeas Corpus

If someone you know has been imprisoned in Augusta, GA , contact a criminal law firm
A petition for habeas corpus generally includes the following
• The prisoner’s identity;
• The prisoner’s custodian’s identity;
• The time, date and place of the requested court hearing; and
• The issues to be addressed at that time by the court
Under law, prisoners are allowed to file petitions for habeas corpus, challenging the legality of their detention but this right may be suspended in cases of national emergency.

Once the court has been served with a petition for habeas corpus, depending upon the kind of the petition, it will grant a writ, deny the petition, or schedule a hearing on the petition. Once the writ is granted, the writ may be served upon the custodian of the prisoner asking that the prisoner be produced in court as ordered.

If a writ of habeas corpus is issued, the prisoner will be brought to court at the fixed date and time. The purpose of a hearing on a writ of habeas corpus is not to decide if the prisoner is innocent or not, but is instead to determine if the legal basis claimed for the imprisonment is lawful. When the detention is unlawful, the prisoner has to be released. Whether or not imprisonment is legal, if a charge against the prisoner is valid the prisoner may undergo trial on that charge. For example, a prisoner might file a petition for habeas corpus alleging detention on the grounds of an unlawfully excessive bail amount, however even if the reviewing court holds that bail amount is excessive and provides relief the prisoner may still have to stand trial on the underlying charge.

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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.

The Habeas Petition

2010-02-24T06:13:00.000-05:00

The Habeas Petition

The petition for habeas corpus seeks that a court issue a writ, ordering that the prisoner be produced in the court at a fixed place, date and time.

In the beginning, the petition for habeas corpus used to be filed to ask that the custodian of the prisoner be ordered to bring the prisoner to a county court to testify in a legal proceeding. This function of a petition for habeas corpus still exists, where the prisoner is in the custody of another county or penal system, and the prisoner's presence is necessary for a legal proceeding. Typically, the prisoner will be moved to the local court by the local Sheriff's department, which will be responsible for protecting the prisoner during court proceedings and returning the prisoner to the other jurisdiction at the conclusion of the proceedings. However, when most individuals think of a writ of habeas corpus, they think of something more significant - a petition demanding that the custodian of a prisoner explain in court the lawful grounds upon which the prisoner has been detained. This category of writ is generally considered to be an "extraordinary remedy", meaning that the prisoner has exhausted all other remedies of relief or appeal, and no other adequate avenue remains. The writ of habeas corpus can seek relief on grounds not available in direct appeal.

If someone you know has been imprisoned in Augusta, GA , contact a criminal attorney.

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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.

Defendant’s rights when facing forfeiture in Augusta, GA

2010-02-23T06:12:00.000-05:00

Defendant’s rights when facing forfeiture in Augusta, GA

Your rights, and the procedure involved in criminal forfeiture, varies significantly from state to state, and also depending upon the statute you are accused of violating. If you are facing criminal forfeiture of your properties, you may be given notice in advance of your prosecution. Many times, criminal forfeiture process will be initiated at the time of, or after conviction.

The method in which forfeiture will be effected, and whether the proceedings are "criminal" or "civil" in nature, will vary significantly from state to state. It is generally advisable to seek advise from a lawyer, if you are facing any type of forfeiture action.

Civil forfeiture is very much like criminal forfeiture in many ways. However, while criminal forfeiture imposes an additional penalty upon the owner of property for the wrongful conduct, a civil forfeiture action is initiated against the property itself. For criminal forfeiture to start, the owner of the property should be convicted of a crime, but civil forfeiture might happen although the owner is acquitted. In few instances, the property owner might not even be charged with a crime. Civil forfeiture actions has to show "beyond a reasonable doubt" that the property has a enough relationship to a crime to justify its forfeiture under the law. Criminal cases are tried under the much higher standard of, "Guilty beyond a reasonable doubt."

If you are facing forfeiture in Augusta, GA , contact an attorney immediately.

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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.

Criminal forfeiture in Augusta, GA

2010-02-22T06:11:00.000-05:00

Criminal forfeiture in Augusta, GA

Criminal forfeiture in Augusta, GA means the taking of the properties by the state, due to its relationship to a criminal activity. Forfeiture regulation vary from state to state, and may be broader or narrower based on the criminal activity committed and the laws of your jurisdiction. But, generally, criminal forfeiture will be sought if the properties are used in the commission of a criminal activity, or was obtained by an offense.

Criminal forfeiture occurs if, after the owner is convicted of a crime, and if forfeiture is possible under the laws of the jurisdiction, it is shown that your property has a sufficient connection to the criminal offense to justify depriving you of the property rights. For instance, the jurisdiction may have a rule which provides the court the right to forfeit your car, when you are convicted of drunk driving. The prosecutor's office can request forfeiture of the properties including your business or home if you are convicted of particular offenses, including drug trafficking or racketeering.

If you are facing a charge that involves likely criminal forfeiture, you can include the issue of forfeiture in the plea negotiations that might occur with the prosecution.

If you are facing forfeiture in Augusta, GA , contact a lawyer immediately.

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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 White Collar Crimes

2010-02-21T06:10:00.000-05:00

Augusta, GA White Collar Crimes

"White Collar Crimes" mean a category of criminal activities which usually occur in businesses or corporations, like "insider trading," "antitrust violations," "computer fraud," "securities fraud," and "money laundering." White collar crimes are non-violent in nature, and typically consist of some kind of fraud or dishonesty. These offenses are committed using apparently legal businesses. At times the management of the business are associated with the criminal offense, while on many occasions the crime is committed by an individual of the corporation, without the knowledge of anyone else.

A corporation in Augusta, GA which does not respond properly to a crime, or allegations of a criminal activity, can appear to be involved in that criminal activity. Especially if the business is subject to state or federal regulation, it is vital to have the appropriate compliance, reporting and investigatory mechanisms, to handle any rumors or reports of illegalities by staff. When the business does not wish to be made responsible for illegal conduct, or desires to reduce its liability, the best means of doing so is usually to assist with the investigation of the wrongful conduct.

There may also be instances when the business appears to be so heavily associated with the offense that a criminal charge is initiated against the business itself. This typically happens if it appears that the management of the business were so involved in, or so indifferent to, the criminal activity that the entire corporation appears to have actively permitted the criminal offense.

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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 Criminal Defense attorney

2010-02-20T06:09:00.000-05:00

Augusta, GA Criminal Defense attorney

Usual "civil infractions" include "moving violations", such as "speeding" and "failure to yield." Many times people get confused, if they are charged with a traffic misdemeanor, such as having invalid license plates or driving an uninsured automobile, and feel that they are being charged with "civil infractions." Traffic misdemeanors in Augusta, GA will be considered criminal offenses, and will establish a criminal record. Most traffic misdemeanors also have "points" that will be added to the defendant's driving record, and some require the revocation of a driver's license. If you are ticketed for a "misdemeanor," the ticket will likely indicate the nature of the charge, and you must to appear in court. When the charge is a "civil infraction," you generally will not have to appear in court when you pay a fine by mail.

A defendant charged with a misdemeanor in Augusta, GA has lesser legal rights compared to a defendant facing a felony charge. When the defendant does not face imprisonment as a consequence of conviction, he has no right to a lawyer. There will be no right to indictment by grand jury, or to a "preliminary examination" to review the basis of the charges filed. In some states, misdemeanor charges are tried before six man juries, but felonies are typically tried before twelve person juries. Many other rights are the same, for both felonies and misdemeanors.

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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 Criminal lawyer

2010-02-19T06:08:00.000-05:00

Augusta, GA Criminal lawyer

A "civil infraction" is not a crime, although it is a charge filed by the state. The state must establish that you committed a civil infraction by a "preponderance of the evidence," which is to say, that it is more likely than not that you committed the violation. This is a much lower standard unlike the "proof beyond a reasonable doubt" standard that applies in civil cases. The typical civil infraction will be determined by a judge, without a jury, in what is usually a short proceeding.
Some states have a class of "petty offenses," where the defendant may be tried without a jury before a judge. Generally, the only punishment for a "petty offense" is a fine. However, these offenses can be of a criminal nature.
A "misdemeanor" is a criminal offense, and conviction typically results in a criminal record. Misdemeanors are technically less serious crimes, but the impact of conviction can nevertheless be very severe. Likely penalties for misdemeanors include imprisonment, probation, fines, and some times driver's license sanctions. Some misdemeanors are treated as "sex crimes" and mandate that a convicted person register as a "sex offender", and notify the police informed of his place of residence -- a requirement that may continue for life.

Felonies are the most serious offenses that can be charged. Sometimes, the difference between "felonies" and "misdemeanors" appears arbitrary. But, every serious criminal offense such as murder, sexual assault, embezzlement, burglary, robbery, arson, and treason are felonies.

If you have been charged with a crime in Augusta, GA , contact a criminal law firm.

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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 DUI lawyer

2010-02-18T06:07:00.000-05:00

Augusta, GA DUI lawyer

Drunk driving happens if an individual is driving an automobile, after consuming alcoholic beverages to the extent that his ability to drive the vehicle is impaired. Most people charged with drunk driving claim that their driving was alright. They believe that the officer created an excuse to pull them over, or that the "mistake" that the officer noticed did not concern their driving.

Every state has a maximum permissible blood alcohol content (BAC) for drivers, and you can be considered legally "drunk" even if you do not feel that you are in any way affected by the alcohol you had. The legal limit for blood alcohol in Augusta, GA, is generally 0.08%, although drunk driving charges are also possible based upon your driving conduct even at a lesser BAC.

Besides, you may be stopped as there is a mechanical fault with your car. If the officer finds you to appear drunk (usual signs: slurred speech, glassy or bloodshot eyes, poor balance, conspicuous odor of alcohol, lack of coordination, difficulty comprehending instructions, clumsiness or lack of coordination, combativeness, and disorientation), he can investigate more.

The punishments vary substantially from state to state. All drunk driving offenses in Augusta, GA may result in a jail term. However, most first offenders are given lesser penalties, like driver's license restrictions, fines, compulsory attendance of drunk driver's education classes, mandatory attendance of alcohol counseling, community service, or probation.

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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 Marijuana rules

2010-02-17T06:06:00.000-05:00

Augusta, GA Marijuana rules

Georgia, together with the other 49 states, has adopted a tough stance in the war on drugs. GA’s marijuana laws are harsh. The legal consequences are perhaps far more severe than you’ve ever imagined. If you’ve charged with a marijuana related crime, it is essential that you select a lawyer experienced in fighting marijuana charges. Selling, buying, using and growing marijuana are all illegal in Augusta, GA . When you are convicted of a marijuana crime, you will be sentenced to prison time and a large fine. The severity of the sentence varies depending on numerous factors. Quantity is one factor that is considered when deciding the penalty.

A marijuana possession Augusta, GA with intent to distribute charge invites some especially severe punishments. This felony offense includes prison term as well as fines beginning in the thousands. If you have a large quantity of drugs, you may be slapped with this offense even if you had no intention of distributing the marijuana. In such cases, intent is based on the quantity of the drug in your possession.

Selling marijuana or growing marijuana Augusta, GA also leads toa harsher punishment. The place of where you are charged of marijuana selling is an important element. A conviction for sale of drugs near a school will result in more serious punishment. If you have had one or more prior marijuana convictions, you will spend more time in prison or pay even greater fines.

If you have been charged with a marijuana crime in Augusta, GA contact a marijuana defense lawyer immediately.

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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 Marijuana attorney

2010-02-16T05:59:00.000-05:00

Augusta, GA Marijuana attorney

Marijuana rules are different in each state. It is important to be aware of the subtle differences. Buying, selling, using or growing marijuana is illegal in every part of the US. Penalties vary from place to place, however generally consist of jail sentence, a fine or both. In few states, you can be arrested for simply being in a place where you are aware that drug activity is taking place. The severity of the penalty differs depending on many factors:
• Quantity - Penalties differ based on the quantity of marijuana recovered from the person's possession.
• Selling - Penalties are more severe for persons intending to sell.
• Growing - Penalties are much severe for those growing cannabis.
• Location - A person caught selling marijuana near a school will typically face severe penalties.

If you're caught with marijuana, you may receive a huge fine and/or go to jail. When you are caught more than once, or if looks as if you're likely to sell the drug, the punishment is more severe.

Augusta, GA has strict marijuana laws. If you have been charged with a marijuana crime, contact a marijuana defense lawyer immediately.

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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 Juvenile Expungement defense law firm

2010-02-15T04:48:00.000-05:00

Augusta GA Juvenile Expungement defense law firm

Benefits of Having Your Juvenile Record Expunged in Columbia County Georgia

The entire process for expungement requires about 90 days. Again this varies from state to state. When the order has been passed, the record custodian must notify you and the court that the order has been acted upon. This should be done within 60 days from the date of the order. Again this time period varies from state to state. Make sure that you receive this information. You must not assume that your records have been expunged till you receive this information from the custodian.

Make sure that you apply for and obtain a certified copy of the order.

Benefits of Having Your Records Expunged:

You get your driving privileges and rights restored.
Your employment opportunities improve. You can answer no on employment applications on questions concerning criminal records.
You regain access to many professional licenses.
law enforcement are not permitted to use expunged records to enhance any future charge.

If your application for expungement is successful then it is legally viewed as if the conduct never occurred. You will have all privileges and rights restored and be completely exonerated.

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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 Juvenile Expungement process criminal lawyers

2010-02-14T04:47:00.000-05:00

Columbia County Georgia Juvenile Expungement process criminal lawyers

Columbia County GA Juvenile Expungement procedure

When you file your petition, it is sent to the States Attorney and the concerned law enforcement authority. If the both of them do not object to the petition, the court will pass an order of expungement of all law enforcement and court records about the charges against you. There is a time period for objection by the States Attorney and the law enforcement agency. This time period differs from state to state.

If either of them objects to your petition, the court will hold a hearing and will inform you the date of the hearing. On the hearing date, you should remain present in the court and argue your case. If you successfully argue your case, the papers are dispatched to the Expungement Clerk who forwards it to the State Bureau of Investigation which conducts an extensive criminal records check in all counties. The papers are then sent to the Administrative Office of the Courts to check if an expungement was earlier done. In many states you can apply for expungement only once in your lifetime. Once the court confirms that you have not received an expungement in the past and you have not been convicted of any felony or misdemeanors, other than a traffic violation, the court will issue an order directing expungement of all law enforcement and court records about the charges against you and direct that all law enforcement agencies having record of the same expunge their public records.

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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 Juvenile Expungement procedure criminal lawyers

2010-02-13T04:46:00.000-05:00

Richmond County Georgia Juvenile Expungement procedure criminal lawyers

Juvenile Expungement in Augusta GA

Expungement means the removal of police and court records from public access. Your records are not be physically destroyed, but they will be sealed and considered as confidential.

To expunge a DUI conviction in simple terms means to seal or destroy your conviction records. You can expunge your DUI conviction by law and by inherent judicial authority. In expungement, the judge orders the sealing or erasing of the legal record of an arrest or conviction. The record is sealed or erased in the eyes of law. It is as if the arrest or conviction never happened.

The criteria for expungement and the process varies from state to state. But the typical eligibility criteria are:
1. You should be a first time offender.
2. A certain amount of time must be over between conviction and seeking the expungement of that conviction.
3. You must have no pending criminal charges at the time of the request.
4. You must have been rehabilitated.

You must either by yourself or through an attorney acting on your behalf should petition the court for expungement of all official public records of your arrest and conviction. A petition for expungement must be on the standard form which is available at the county court where you were convicted.

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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 Juvenile parole procedure defense lawyers

2010-02-12T04:45:00.000-05:00

Augusta GA Juvenile parole procedure defense lawyers

Columbia County GA Juvenile probation rules

Probation is extensively used in Juvenile Court, as you might expect in a court where the primary objective for its existence is the rehabilitation of the youthful offender. The goal typically is not just to dump the offender into juvenile detention, but work with him and the parents to sort out the issues that landed him in trouble.
A juvenile Probation Officer has many more responsibilities and powers than an adult probation officer. He can become involved before charges being brought, to counsel the youth, or take other actions. But, once a criminal violation petition is brought and sustained by the Juvenile Court, the Probation Officer plays a more traditional role.

If a juvenile gets in trouble, but his involvement is not extremely serious, his parents appear capable and competent, and the police do not consider that a full petition for wardship is required, they can present the juvenile before a Juvenile Probation Officer for initial intake and counseling. The Officer may just talk to him in presence of the parents, or assist them in retaining better control over their child. This is not really being on probation, but it is useful and sufficient in many cases and avoids bringing the juvenile into the legal process.

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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 GA Juvenile parole procedure criminal law lawyers

2010-02-11T04:44:00.000-05:00

Richmond County GA Juvenile parole procedure criminal law lawyers

Juvenile probation in Evans GA

If a juvenile is found by the court to be guilty of the charged criminal crime, the court gets jurisdiction over the juveniles life, in very extensive ways. Juvenile Probation will have many conditions in common with adult probation, such as requirements that the offender obey all rules, work to pay restitution to the injured party, report to the officer, get the Officers permission for any change of address or job, and attend counseling or remedial classes for anger management, alcohol abuse, or drug abuse. However, the Juvenile Probation Officers authority is much broader than that. He can direct the juvenile to attend a special school for problem youths so he or she gets special attention. The juvenile can be released to his parents with strict controls established by the Probation Officer and not the parents. The controls will include a maintaining a job, reaching certain academic goals, and almost any other rules and limits that good parenting might impose. In an actual sense, the juvenile becomes a ward of the court, and actually gets a new parent.

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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 GA Juvenile criminal procedure criminal law lawyer

2010-02-10T04:43:00.000-05:00

Richmond County GA Juvenile criminal procedure criminal law lawyer

Juvenile justice procedure in Columbia County Georgia

When the minor or the parents demand a lawyer, one will be appointed if they are unable to afford their own attorney specializing in juvenile law, and the attorneys initial job will be to try and put together a convincing presentation to the Court as to why the juvenile must be released while the case is sorted out. At all stages in Juvenile Court, the minor retains the right to have both his attorney and his parents present. Yet unlike adult court, no other defendants and no other attorneys can be present in court at the time the minors case is called and heard. Meanwhile, in many respects, the juvenile has fewer rights than an adult criminal accused. It is a very controversial system. Many criticize the ultra leniency of the juvenile justice process, whereas others protest the lack of procedural protections provided to the minor. From the minors standpoint, the Court has his best interests at heart when he is ordered held in custody, without bail, without a preliminary hearing, without an officer even having seen the alleged misdemeanor committed, and without the promise of a jury trial.

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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 Juvenile legal procedure criminal law lawyer

2010-02-09T04:43:00.000-05:00

Augusta Georgia Juvenile legal procedure criminal law lawyer

Juvenile charges in Columbia County GA

?A police officer may arrest a juvenile for either a felony or misdemeanor offense. But unlike the case with adults, the law enforcement officer need not personally witness a misdemeanor to take the juvenile into custody. He requires just probable cause to believe it was committed. He may even arrest upon reasonable cause to believe the minor a truant. After arresting a minor, the officer then has many options. He may release him with a simple warning or release him and direct him to appear before a community agency for counseling. He may release him and issue a citation to appear before a Probation Officer for further action, or he can directly have him detained in custody by Juvenile Detention Authorities. The minor will not be put in alongside adult offenders.

The Officer must immediately inform the minors parent or guardian of the arrest. The minor is permitted two completed phone calls, to a parent and also to an attorney. When the officer decides on detention, he should present the minor before a Probation Officer within 24 hours of his arrest. The Probation Officer has the authority to release the minor, order informal counseling, informal probation, or order a petition filed against him, upon release or while kept in custody.

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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 defense lawyer

2010-02-08T04:42:00.000-05:00

Augusta Georgia defense lawyer

Types of violations in Evans Georgia

Usually, there are three kinds of crimes: felonies, misdemeanors and infractions, however the terms for these three kinds may vary from state to state. A felony is a crime that can result in an adult being sentenced to state prison, generally a term of over a year. Felonies include burglary, robbery, weapons assaults, violent sex crimes, murder, grand theft, and sale of any illegal drugs, to name a few.

Misdemeanors are less grave offenses, but can still result in a sentence of up to a year in the County Jail, when committed by an adult. Petty theft, possession of small amounts of marijuana, disorderly conduct, indecent exposure, less grave assaults, and drunk driving are typical misdemeanor violations.

The prison sentences for these crimes do not generally apply to a minor, as he or she cannot be found guilty of a crime. But, a juvenile appearing in the Juvenile legal system will be presented with charges of violating those criminal statutes, as grounds for invoking the Juvenile Courts authority over the minor.

Infractions are much less serious violations than misdemeanors, and include any violation that cannot result in any jail time, but only a fine or administrative consequence. For example speeding, parking violations, or failing to comply with administrative regulations pertaining to your home, car or business.

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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 Juvenile court system criminal defense lawyer

2010-02-07T04:41:00.000-05:00

Augusta Georgia Juvenile court system criminal defense lawyer

Fighting Youth justice Augusta GA

A juvenile is a minor, and in most jurisdictions is a person below 18 years of age. When a juvenile breaks a criminal statute, the results are generally very different from those if an adult violated the same rule. Mostly the Juvenile legal system is more lenient than the adult legal system, however sometimes it may be more onerous. A juvenile offender may find himself in Juvenile Court when he violates a criminal law; that is, a state or federal law that allows for violators to be punished by a sentence to jail or prison. If a juvenile commits a crime, he is charged by a probation officer or a prosecutor in a civil petition, claiming that he is subject to the Courts Jurisdiction for having broken the law. When the charges are established in Juvenile Court, a judicial finding is made that the minor will be subject to the Courts broad control and jurisdiction. The Courts powers include returning the minor home, imposing formal or informal probation; placement with foster care; enrollment in a special school for juvenile offenders, or even commitment to the States Juvenile detention center, sometimes referred to as Juvenile Hall or the Juvenile Jail. This may continue until the minor comes of age, or even until the age of 21 or 25, depending the state statutes. Certain states have statutes allowing that minors 14 or older committing very grave violations can even be transferred to adult court and prosecuted and punished like an adult. Hence it is a mistake to take the Juvenile Court process lightly.

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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 Juvenile law criminal defense lawyer

2010-02-06T04:40:00.000-05:00

Augusta Georgia Juvenile law criminal defense lawyer

Fighting Juvenile court case Evans GA

As per the Judicial Branch of Georgia, original jurisdiction of juvenile courts covers delinquent children less than the age of 17 and deprived or unruly children below the age of 18. Although there are several offenses that are illegal no matter what age the offender is, there are few law violations which only apply to minors, like truancy violations and breaking curfew. Here are certain important GA laws which apply to juveniles:
Statutory Rape - You are more than 16 years of age and you engage in sex with someone less than the age of 16.
Truancy - It is a crime to be a runaway and stay on the streets, and if charged, you can be forced to stay in a detention center for juveniles.
Misdemeanor - You are found in a place in which you do not belong. You may be considered loitering.

A minor out after 12 am on the weekend or 11pm on a weeknight can be penalized for violation of curfew law.

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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 drunk driving criminal law lawyer

2010-02-05T04:39:00.000-05:00

Richmond County Georgia drunk driving criminal law lawyer

Dealing with driving under the influence Richmond County Georgia

In a DUI Field Sobriety test, police are trained to look for established scoring factors which must be evaluated in deciding if or not there is intoxication exists. A finding of intoxication will only happen once sufficient scoring factors are identified. When a single scoring factor is identified, an evaluation is needed of a high degree of probability of non-intoxication. When additional scoring factors are identified, probabilities of intoxication are assigned to evaluate test results. If a police officer receives proper training about field sobriety tests, they will be told the proper standards and procedures according to the National Highway Traffic Safety Administration (NHTSA). The manual also provides that the walk-and-turn and one-leg stand test should not be done if the suspect is above 50 pounds overweight or has physical impairments that could have an impact on his balance. The manual also states that the walk-and-turn test requires a line that the suspect can see. This is seldom done. As a defendant in a criminal case, you have the legal right to contest the conduct and findings of blood alcohol tests. Issues affecting the manner at which the test was conducted and also the technical knowledge of the officer administering the test may be challenged by you in a DUI lawsuit.

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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 GA Homicide criminal law firm - law on search and seizure

2010-02-04T04:31:00.000-05:00

Columbia County GA Homicide criminal law firm - law on search and seizure

Handling Homicide in Richmond County Georgia

Murder is the crime of intentionally causing another persons death without legal excuse or justification. Murder is a crime that comes under the category of criminal homicide. State and federal laws about murder are the most complex of any criminal laws. The classifications of homicidal and murder offenses are complicated but are often divided into a handful of categories depending on severity. There are a certain types of homicide, or murder, that are defined by law. First degree murder refers to the premeditated, deliberate, or malicious act of intentionally causing the death of another person.

First degree murder typically is referred to as cold-blooded murderas it is calculated and done willfully with the intention to kill or do grave harm.
Murder in the second degree refers to the crime of killing in the heat of passion that may involve situations where someone acts during a period of intense fear. This type of homicide is generally treated as voluntary manslaughter. This type of murder can also occur when death results in the perpetration of another criminal act.

Murder in the third degree is generally referred to as involuntary manslaughter. Involuntary manslaughter is murder that was not intended specifically by the defendant. Criminal negligence is often the precursor to involuntary manslaughter. Reckless use of a motor vehicle, firearms, explosives, animals, medicine, and the like that results in the death of someone is included under this category of murder. Few states also consider it murder to cause or aid anothers self inflicted death, or to supply drugs which result in death.

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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 Criminal trespass defense lawyer - search without a warrant

2010-02-03T04:30:00.000-05:00

Augusta Georgia Criminal trespass defense lawyer - search without a warrant

Handling Criminal trespass in Columbia County Georgia

A person commits criminal trespass if he knowingly enters or remains unlawfully in a dwelling or premises, or if he willfully enters or remains unlawfully in a building or upon real property that is fenced or enclosed so as to exclude intruders. An individual is guilty of criminal trespass when he does not have the owners effective consent to do so, enters or remains on property, or a portion thereof. Laws vary by state, so local laws must be consulted to decide applicable requirements. It is a defense to the crime to show that an element of the crime, such as willfully entering or remaining without consent, is lacking. An attempted criminal trespass requires that a defendant act with the intent to commit criminal trespass, and his conduct should constitute a significant step toward committing the aggravated criminal trespass. Burglary laws vary by state, but may typically be defined as when an individual knowingly and unlawfully enters or remains unlawfully in a dwelling or building with intent to commit a crime therein. Degrees of burglary are determined by state laws. Laws differ by state, so local law must be considered to determine the law applicable in your area.

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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 breaking and entering criminal law attorney - search without a warrant

2010-02-02T04:29:00.000-05:00

Augusta GA breaking and entering criminal law attorney - search without a warrant

Handling Burglary in Augusta Georgia

During a burglary, entry follows the breaking. In simple terms, it occurs when there is physical intrusion into anothers property or building by any part of the intruders body. A momentary intrusion is sufficient. When a thief kicks open a window to get access to a apartment, the momentary insertion of the foot constitutes an entry.

If an instrument is used to get access to a home, the intrusion of the instrument is not an entry unless it is used to accomplish the intended felony. If the instrument is used to steal something from inside the home, there is an entry sufficient for burglary.

The entry can be constructive. In other words, it is not always required that the thief enter the dwelling. If he or she directs another person legally incapable of committing the crime, such as a child, to enter, then the entry is imputed to the thief.

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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.