Gun Rights In Georgia

Gun Rights In Georgia

Gun rights are a hot button issue for many Georgians, as evidenced by how often the issue is referenced in the evening news. If you are facing criminal charges and plead guilty, you can be denied your gun rights. Some charges can result in a loss of gun rights for up to ten years. Some of these convictions include threatening a police officer, possession of a deadly weapon with intent to intimidate a witness, or outright intimidation of a witness.

There are also some violent crimes that can lead to a loss of gun rights. These charges include assault, assault with a firearm, battery, and sexual battery. Domestic violence charges (even ones that don’t involve a firearm!) can also sometimes lead to a loss of gun rights. Stalking, threats, and harassment- even if there was no measurable harm done- can also lead to you losing your rights to own a firearm.

There are also “secret ban laws” in some places. These laws can cause a ten year firearm ban that can turn into a lifetime firearms ban. These same laws can also keep you from owning or possessing a firearm if you have a restraining order against you. If you feel like you may be in a position where these laws would apply to you, an experienced criminal defense attorney can help you navigate these laws and determine and maintain your rights.

Some other generic firearm ban laws apply to convicted felons, those who are mentally incompetent, insane, or disordered, and sex offenders.

 

While expungement can oftentimes be a great help, it doesn’t automatically mean your right to own a firearm will be restored. For example, if you’ve been convicted of brandishing or discharging a firearm, your charges could possibly be expunged, but you may still be subject to a lifetime firearm ban.

If you have been accused of a crime, or have a family member or friend who is in need of a criminal defense lawyer in Woodstock, GA, please contact Kyle today to learn more about the charges that are being faced and how to proceed. Kyle offers a free consultation and can answer any questions you may have on crimes, convictions, and firearm bans.

 

Why You Need A Juvenile Criminal Defense Lawyer

Why You Need A Juvenile Criminal Defense Lawyer

Navigating the juvenile justice system can be quite different than navigating the system adults are familiar with. A minor who has committed a crime can face harsh punishments despite the fact that they are not of age.

What constitutes a minor? Generally speaking, a minor is someone between the age of 7-17. Most of the time a minor under the age of 7 cannot be tried in court and someone who is 18 will be tried as an adult. These are general terms and these parameters vary from state to state and sometimes on a case-by-case basis.

When a police officer catches a minor committing a crime the officer has more leeway than with adults. An officer can choose to warn the minor and then let them go, hold the minor until the parents or guardians arrive, or take the minor into custody.

Once a minor has been taken into custody, they will not necessarily have formal charges filed against them. An officer of the juvenile court will investigate the issue and decide whether or not to press charges. Sometimes these issues can be handled informally and “off the record”. In this case, the minor would not have a criminal record but may still face some sort of punishment. This could include counseling, fines, or community service.

If formal charges are filed, there will first be an arraignment where the minor is formally charged before a judge. Next will be a hearing and the minor’s attorney will enter a plea. From there, the case may proceed to trial or sentencing.

Hiring a criminal defense lawyer is always a good idea if a minor is in trouble with the law. By having legal representation, a minor may be more likely to avoid formal charges. If a minor is, in fact, facing formal charges a criminal defense lawyer will be able to appear with them in court and negotiate with the judge and prosecutor.

Kyle is experienced in juvenile law and is familiar with the ins and outs of the tricky juvenile justice system. If your minor is in trouble and you need a criminal defense lawyer call Kyle today so he can get started navigating your case!

 

Steps After A Car Accident From A Car Accident Lawyer

Steps To Take After A Car Accident 

Getting in a car accident is something no one wants to experience. Unfortunately, many of us will. According to The Georgia Office Of Highway Safety, there were over 1,000 reported car crashes in 2012. Even a small car crash can impact your day and your life in a huge way. Oftentimes its hard to think logically and rationally after a car crash. Here are a few steps to take after a car crash to help you feel more in control.

  • Check for injuries- Make sure to stop, breathe, and take a second to see if you or anyone else has been injured. Make sure to check all drivers involved and any passengers, including pets. If you feel any pain at all, make sure to have a medical professional check you out, even if you feel that your pain is minor. Some injuries may not present themselves immediately but can cause problems for you in the future.
  • Find witnesses- No matter how small or large your accident is, find someone who witnessed it and get their contact information. Witnesses can be very helpful in providing information to the police and attorneys regarding the facts of your car accident.
  • Take pictures and videos- While eye witness testimony is great, having pictures and videos can help solidify details of your car accident. Using the camera on your smartphone, take pictures and videos of the accident from all different angles. Its also helpful to take videos of the street around you to show direction of travel.
  • Exchange information- Make sure to exchange information with all other drivers involved in the car accident. Make sure you have their full name, address, phone number, driver’s license number, insurance information, license plate number, make and model of the car, and who the owner of the car is. If there are passengers involved, make sure to get their name and phone number, as well. A quick and accurate way to get all this information is to take pictures on your phone of any documents they give you (driver’s license, insurance card, license plate, etc.).
  • Contact a lawyer- Make sure you contact an experienced car accident lawyer. A lawyer will be able to help you sort out what happened, how it has affected you, and what steps you need to take.

If you’ve been in a car accident and need advice on what to do next from a car accident lawyer, contact Kyle today at (770) 744-5250 for your free, expert consultation.

 

Probation Firm Sued

Recently, a lawyer in Augusta, Georgia sued a private probation firm based in Georgia. You can read the full article from the AJC for all the details.

criminal defense lawyer Atlanta GA

If you are facing charges that could result in probation, you need an experienced criminal defense lawyer who can make sure all your rights are protected. Contact Kyle immediately at (770) 744-5250 so he can go to work on your case, ensuring you the best outcome possible.

What’s My Bail?

What’s My Bail?

Navigating the bail and bonding out process can be tricky if you’ve never had to go through the process before. The whole process usually begins with an arrest. An arrest can occur by a warrant or on the spot (such as during a traffic stop).

Sometimes, if you’ve committed a minor misdemeanor, your bail amount may be pre-set at the jail you’re booked into. This greatly simplifies the bonding out process because you don’t have to appear before a judge to find out how much your bail will be set at. However, for most misdemeanors and felonies, you will have to appear before a judge to find out how, when, and if you will be released from jail, how much your bail will be, and what your conditions of release will be. The Judge generally takes several things into account during this hearing such as your criminal history, your ties to the community, and the severity of your crime. This hearing is usually between 24-48 hours of your arrest.

It is important for you to know that you are entitled to have a lawyer present during this hearing. Its especially important to have a lawyer present if you are being charged with a serious crime.

Once  your bail is set you can post your bond two different ways. You can either post the entire amount of the bond or you can use a bondsman. If you cannot post the entire amount of your bond, you can hire a bondsman. Generally you pay the bondsman approximately 10% of your total bail amount and the rest of the amount is secured with the court under bond.

If you have a question about a bail amount for yourself or a friend or family member call Kyle today at (770) 744-5250.

Pool Safety Tips For Winter

Pool Safety Tips For Winter

As summer nears its end, its time to start thinking about preparing your pool for the off season. Even though you may not swim in your pool during the fall and winter months, it can still pose a risk to you and especially your small children. There are a few steps you can take to make your pool safer for your children while its not in use. Taking these steps is very important- according to the CDC, most children between the ages of 1 and 4 who drown, drown in a home swimming pool.

Follow these pool safety tips for winter to avoid serious injury or death-

  • Cover your pool- Having a quality winter pool that is in good shape is important. A sturdy, high quality pool cover will generally keep a person out of the water should they fall on top of the cover. However, it is imperative that you let your children know they should never try to walk on the cover.
  • Check your pool cover frequently- Make sure you visually inspect your cover often. The cover needs to be in working order and cover your entire pool. Any rips, tears, or holes should be fixed immediately as they can impair the effectiveness of the cover.
  • Store your toys and floats- If you aren’t going to be using your pool, store all toys and floats away and out of sight. This can prevent your children from being drawn towards the pool as well as prevent accidentally tripping and falling.
  • Fencing- The best way to prevent any accidents in or near your pool is to put a fence around it with a self closing, self latching gate.
  • Active monitoring- If you have small children and they are outside, one of the best ways to keep them safe is to be proactive in monitoring them. If you are nearby, you can prevent them from getting too close to the pool. If they do happen to get too close and fall in, you’ll be right there to help them.

Pools are, without a doubt, a family friendly way to have fun and stay cool all summer. Although they do pose some risks, these risks are easily avoidable by following some safety guidelines.

If you, your child, or someone you know has been hurt in or near a pool, call Kyle today at (770) 744-5250 for your free consultation.

 

 

Get Out Of Jail Early

Get Out Of Jail Early

A lot of people who are facing jail time are wondering if they can get out of jail early. In the state of Georgia, sometimes the answer can be yes! For serious crimes and repeat offenders, the Judge will sometimes sentence a defendant to a split sentence. A split sentence is when a defendant is sentenced to 10 years, 5 years to be served in jail and the remaining 5 years to be served on probation.

Based on Georgia’s parole system, sometimes defendants can get out of jail early, though. The general guidelines for getting out of jail early are:

-sentences under 21 years: you are eligible for parole after serving 1/3 of your sentence or 9 months (the greater of the two)

-sentences more than 21 years: you are eligible for parole after 7 years

However, there are exceptions to these guidelines:

-first offender sentences: If you are being sentenced under Georgia’s First Offender Act (read more about the First Offender Act), you may be immediately eligible for parole. This is, of course, dependent upon your criminal defense lawyer asking for and the Judge granting this request.

-violent felonies: If you have committed one of the seven deadly sins (murder, felony murder, armed robbery, kidnapping, rape, aggravated assault, aggravated child molestation, aggravated sodomy, or aggravated sexual battery) and were sentenced after July 31, 1994,  you are not eligible for parole. This list is not exhaustive, and there are other crimes that are not eligible for parole in the state of Georgia as well.

-life sentences: Depending on when you were sentenced to a life sentence, you may be eligible for parole after either 14 years or 30 years.

-repeat offenders: If you’ve been convicted of a serious violent felony and have prior convictions for serious violent felonies, you are not eligible for parole.

To confuse things even further, there are some exceptions to the exceptions:

-If the severity of your crime is Level 4 or less, you may be considered for parole before serving 1/3 of your sentence. Georgia’s Crime Level Severity chart may help you to determine the level of your crime.

-If your sentence is less than two years you may qualify for an early release program.

To get out of jail early in the state of Georgia is possible but not always easy. If you are facing a conviction and jail time, call Kyle today at (770) 744-5250 for a free consultation.

 

 

 

 

 

Bicycle Safety Tips

Bicycle Safety Tips

Depending on your location in the state of Georgia, bike riding can be an activity that you enjoy for a majority of the year. In the metro Atlanta area, we generally have pleasant weather outdoors for 7-9 months out of the year. Bike riding can be an activity for the whole family to enjoy together. Even my young kids enjoy bike riding with the rest of the family.

Although bike riding is a great outdoor activity, it does come with risks. Safety should be your top priority when bike riding, as bicycle accidents can be very common. According to the National Highway Traffic Safety Administration, in 2012 726 bicyclists were killed and 40,000 were injured in the United States.
Here are some safety tips that should be followed when bike riding to help keep you and your family safe:
  • Avoid the sidewalk- While it may seem safer to ride your bike on the sidewalk, it can actually be more dangerous. On the sidewalk you have the risk of running into pedestrians and pedestrians with dogs. You also may encounter a car parked in a driveway that’s obstructing your path, or a car turning into a driveway may not see you riding down the sidewalk.
  • Make sure you’re visible- Wearing brightly colored, reflective clothing will help you stand out from anything around you. Also, wearing a headlight will help you be seen easier by drivers on the road.
  • Ride on the right side of the road- Make sure you’re riding with the flow of traffic, as this greatly reduces your risk of injury. By riding towards oncoming traffic, drivers have less time to react if they have drifted into your bike lane.

Biking is a great outdoor family activity, but it does come with risks. Make sure you are riding your bike defensively, and don’t ever assume the driver of a car sees you. Following these bicycle safety tips can greatly reduce the risk of injury for you and your family.

If you or someone you know has been injured in a bicycle accident, make sure to give Kyle a call at (770) 744-5250 for your free consultation.

 

 

 

Search and Seizure

Search and Seizure and Your Rights

The purpose of the Fourth Amendment is to protect your persona; rights and privacy. As a US citizen you have the right to be free from government intrusion into yourself, your home, your place of work, and any other property you may own. This applies to police stops, arrests, and searches of your home or business. The Fourth Amendment protects you from a police officer’s physical seizure through a stop or arrest and searches of places you expect to be private. These places include clothing, purses, luggage, cars, etc. Any items that are found and taken from you during a search or seizure that violates your Fourth Amendment rights can not be used against you during a criminal case.

Some of the ways in which the Fourth Amendment can apply to you are as follows:

-If you are a pedestrian stopped by the police

-If you are pulled over for a traffic violation and the police officer searches your trunk

-If you are arrested

-If a police officer comes into your home to arrest you

-If a police officer searches your work place to look for evidence in a crime

-If a police officer takes any of your personal belongings or your vehicle

Keep in mind these are only a few of the instances in which you are protected by the Fourth Amendment! Generally speaking, a police officer is not legally allowed to search or seize you or your property unless they have a valid search warrant or arrest warrant or probable cause.

If you are facing criminal charges and believe your Fourth Amendment rights have been violated, call Kyle today! Remember, any evidence against you that was gathered by violating your rights can not be used against you. When Kyle is defending you against criminal charges he will examine every aspect of your case to make sure your rights have not been violated. Call today!

Car Crash Injuries

Car Crash Injuries

If you’ve gotten into a car crash, chances are that you received some kind of injury. Despite advancement in car safety features, injuries are incredibly common if you get into an accident. Fortunately, many injuries from vehicle accidents are not severe, but vehicle accident injuries do range from minor to very serious. Although every accident is different, there are several types of injuries that result from accidents frequently.

  • Soft Tissue Injuries- These injuries can present themselves in many different forms. The most common form is whiplash. When your head is suddenly thrown in a direction beyond its normal range, your muscles, tendons, and ligaments can be damaged. Whiplash can present itself as something minor like a sore neck, or something as severe as a spinal cord injury. Soft tissue injuries can take several days to heal or several years.
  • Scrapes and Cuts- Many times during a car accident there is shattered glass, which can result in scrapes and cuts on the driver or passengers. Scrapes and cuts can also result from loose objects flying in the car, or contact with the steering wheel or dashboard. While some scrapes and cuts may be minor, others may require stitches.
  • Head injuries- If your head gets thrown against your steering wheel, window, headrest, or airbag during a vehicle accident you may suffer from a head injury. If you hit your head hard enough, you could suffer from a Traumatic Brain Injury (TBI). A TBI can be something minor like a concussion, or it can be severe and cause permanent brain damage.
  • Chest injuries- Chest injuries are very common due to proper seat belt usage. A chest injury can also be sustained if you hit your chest on your steering wheel or airbag. While most chest injuries are minor, they can result in fractured rips or internal organ damage.
  • Arm & Leg Injuries- Broken arms and legs are very common in car accidents. Because your arms and legs aren’t strapped down like the rest of you, its very common for them to fly around during a crash. Although most arm and leg injuries are minor, they can still be quite detrimental if you rely on your arms and legs to do your job.

If you have been in an accident, make sure you see a doctor. t’s also a good idea to talk to an experienced car crash lawyer who can help you determine what options you have for getting compensation for your injuries as a result of a car accident.