Criminal Defense & The First Offenders Act

Criminal Defense & The First Offenders Act

 The First Offenders Act (FOA) is also knows as a withheld adjudication and is a very important statute for defendants in Georgia. What is the FOA and why is it so important?

Basically, the FOA says a defendant can plead guilty to a particular charge, serve the sentence handed down by the judge, but not have a conviction on their record if the sentence is completed successfully. The FOA can only be used once.

The FOA is usually used to avoid having a felony charge. A felony conviction can seriously affect a persons life by inhibiting their civil liberties. Owning or possessing a firearm, voting, receiving government benefits, and holding public office are all civil liberties affected by receiving a felony conviction. It can also be significantly harder to find employment with a felony record. Although the FOA can be used to avoid a felony, some felonies do not qualify for the FOA. These charges include murder, rape, and sex related crimes.

FOA can also be used for misdemeanors, although this is not usually advisable as misdemeanors aren’t as damaging as felonies. If you are facing a misdemeanor charge, your criminal defense lawyer will help you determine whether or not using the FOA is a good idea for you. Although the FOA can be used for almost all misdemeanors, it can not be used for a DUI charge.

The FOA is a great statute for defendants, but it must be used carefully. The privileges of the FOA can be completely lost if a defendant violates their probation or parole. The defendant’s entire sentence must be served successfully before the benefit of the FOA can be received.

The FOA is not something that should be used without serious consideration with your criminal defense lawyer. Call Kyle today at (770) 744-5250 to determine whether or not you can benefit from the FOA.

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Pool Safety Tips

Pool Safety Tips

Summer is here, but the start of the school year is quickly approaching. Everyone is trying to squeeze as much fun into the remainder of the summer as possible, which includes lots of pool time! Making sure that your family and friends can swim safely should be a top priority. Here are some pool safety tips to follow to make sure that you, your family, and your friends aren’t victims of a summer pool accident.

-Make sure to watch your children closely anytime they are near a pool or hot tub

-Keep a cell phone close by. In case there is an accident, you can call 911 quickly.

-Learn how to swim and teach your children how to swim from an early age

-Learn CPR

-Install a fence (at least 4 feet high) around your pool and hot tub that includes a self closing and self latching gate

-Use a surface cover

-Make sure all drains are properly covered

By following these tips you can safely enjoy your pool all summer long.

If you or someone you know has been injured due to an accident in or near an unsafe pool, call Kyle today at (770) 744-5250 for your free consultation.

Summertime Grilling Safety

Summertime Grilling Safety

Summer is in full swing, which means many of us are camping, going to the pool and the beach, and spending more time outdoors. With all these outdoor activities, comes one of America’s favorite pastimes- grilling! Grilling is a great way to enjoy summertime with your family and friends.

grilling safety tips

Although grilling can be a fun way to spend some quality time with your family and friends, it does come with its hazards. According to the National Fire Protection Association, 27% of home structure fires involving grills started on a courtyard, terrace or patio, and 29% started on an exterior balcony or open porch.

By following these tips, you can safely enjoy grilling all summer long!

  1. Keep your grill clean to prevent grease fires.
  2. Keep your starter fluid stored closed and stored away from any heat sources.
  3. Do not use any starter method that is not recommended for grilling.
  4. Don’t grill indoors.
  5. Keep your grill a safe distance away from structures that can catch on fire.
  6. Keep a close eye on kids to make sure they don’t get too close to the grill.
  7. Make sure you have a plan for putting out a grill fire in case one does occur.

Be sure to follow these tips in order to avoid any injuries from grilling. If you have been injured as a result of a fire, call us today at (770) 744-5250 for a free consultation.

Misdemeanor vs Felony Charges

Misdemeanor vs Felony Charges

Crimes can either be categorized as misdemeanors or felonies. The classification of a crime determines how the court is going to proceed with the case and also determines the potential consequences of committing a crime. Understanding the basic differences between misdemeanors and felonies is very import if you have committed a crime.

Before we get to the differences between misdemeanors and felonies, lets talk about infractions. Many of you may have heard this term before and it is the least serious type of crime you can commit. An infraction is usually something simple like a traffic ticket. These types of offenses usually involve a simple fine, little to no time in court, and little to no time in jail.

A misdemeanor is more serious than an infraction. A misdemeanor can be characterized as a crime that can be punished by jail time of up to one year, or a crime that is not a felony or infraction. Oftentimes, jail time received for committing a misdemeanor can be served in a local jail as opposed to a prison. Generally, a prosecutor has flexibility in determining what misdemeanor crime to charge a person with, what penalties they should receive, and plea bargaining.

A felony is the most serious type of crime you can commit. These crimes can be penalized by more than one year in prison. Because penalties can be severe, it is imperative that all court room proceedings are very exact and by the book. This is to protect your rights. Felony crimes include rape, sodomy, arson, etc.

If you have been charged with any type of crime, it is important to hire a criminal defense lawyer to make sure your rights are protected and that you are receiving the best deal possible. Whether you’ve been charged with a misdemeanor or felony, call Kyle today for the best criminal defense lawyer in Woodstock.

 

Water Sports Injuries

Water Sports Injuries

Although metro Atlanta is landlocked, there are plenty of lakes around that provide us with the opportunity to participate in various water sports. With Georgia’s high humidity and soaring temperatures, water sports are the preferred summertime activity for many families. Although water sports are fun and the whole family can get involved, if precautions aren’t taken they can become dangerous. Even simple water sports activities can result in injuries.

water sports activities

In the United States, there are thousands of water sports related injuries each year.
Here are the most common injuries and which water sport they correlate with:Water-skiing: strains and sprains on the lower extremities.

Wakeboarding: lacerations to the head.

Intertubing: strains and sprains to the neck and head.

Jet Skiing: concussion, lacerations.

Injuries can be avoided by following some simple safety precautions:

Supervise kids and teens while they are in the water.

Always take a buddy with you when going out into the water.

Learn to swim.

Learn CPR.

Avoid alcohol while participating in water sports.

Be aware of any impending bad weather.

 

If you or someone you know has been involved in a boating or water sports related accident, give us a call today at (770) 744-5250 for your free consultation.

The Sixth Amendment & Your Rights

The Sixth Amendment & Your Rights

The Sixth Amendment is a very important amendment that ensures you the right to have a criminal defense lawyer during all criminal proceedings. This right is so important that there is an additional right associated with it to ensure that people who cannot afford an attorney are given one. This is called having a criminal defense lawyer “appointed” to you, and the government pays for this lawyer. According to the Sixth Amendment, you have the right to a criminal defense lawyer during the following times-

  • Interrogation and questioning
  • Trial
  • Sentencing

The Sixth Amendment also guarantees many of your other rights. These include-

  • Trial by jury
  • The opportunity to testify in a trial
  • The opportunity to refuse to testify
  • The opportunity to call witnesses
  • The opportunity to hear all evidence presented against you
  • The right to a speedy trial

Although we may sometimes take these rights for granted, they can easily be violated. If you are facing a criminal charge, it is important to consult with your criminal defense lawyer to make sure your Sixth Amendment Rights have not been violated.

Call Kyle today at 770-744-5250 for a free consultation if you believe your rights have been violated

 

 

Why You Need a Criminal Defense Lawyer for your Probation Violation

Probation violation is an offense that happens when you breach the terms or conditions of your probation. The consequences vary on a case by case basis. Many things can affect the penalties you receive for violating the terms of your probation such as the type of violation or whether or not you have any prior violations.

There are many ways in which you can violate your probation. Some of them are not attending a court hearing, not attending a probation check in, not paying your fines, traveling out of state without getting permission from your probation officer, using drugs or alcohol, committing another crime, or getting arrested. Once you have violated your probation, it is up to your probation officer how to proceed. Sometimes you may simply get a warning but other times you may have to appear in court and receive further penalties. If you have to appear in court, a judge will listen to your case. The judge will determine whether or not you did violate your probation. The burden of proof rests with a prosecuting attorney, just like in a regular court case. You can receive a variety of penalties for violating your probation including extra probation time, stricter probation terms and conditions, jail time, community service, rehab, and monetary fines. The penalties you receive are decided by the judge and may depend on the severity of the offense as well as whether or not you are a repeat offender.

You have many legal rights if you have violated your probation and it is important to hire a criminal defense lawyer to make sure your rights are not violated and that you receive fair treatment. Your rights include being heard by a judge, receiving written notice of the violations you are being charged with, the right to have a criminal defense lawyer, and the right to have evidence presented on your behalf in court.

Violating your probation can be a serious offense, but the right criminal defense lawyer can help you out. Kyle will take the time to fully understand your case and will take the time and effort to get the best outcome possible for you.

 

ATV Safety Tips

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ATV Safety Tips

With summer in full swing, many adults, teenagers, and kids pass the time by ATV riding. This can be a great outdoor activity for everyone to get involved in, but it can also be dangerous. You should be aware of the safety precautions to take in order to keep everyone safe.

Below are a few tips to keep in mind this summer while out riding your ATVs-

  • Size matters- No one under the age of 16 should drive an adult ATV. Make sure everyone riding has an ATV that is the appropriate size!
  • Protect your assets- Make sure everyone is wearing an ATV helmet that includes face and eye protection. Wearing the correct safety gear can make a huge difference in case of an accident!
  • Don’t drink and ATV- Drinking and riding an ATV is illegal and drastically increases your odds of having a serious accident.
  • Go back to school- Taking an ATV safety course is a great way to stay safe. Driving an ATV is not the same as driving a car or a motorcycle. Taking an ATV course will give you the skills necessary to safely operate an ATV.
  • Technology is your friend- Make sure someone knows where you’re going and always take your cell phone with you! If you have an accident you’ll be able to get help quickly.
  • Stay off the road- Make sure you keep your ATV riding to the appropriate trails and paths.
  • Pay attention- Minimize distractions and make sure you’re fully focused on driving your ATV.

 

 

For more ATV safety tips, head on over to ATVsafety.gov.

If you’ve been in an ATV accident, call Kyle today at 770-744-5250 for your free consultation!

 

 

Distracted Driving: Keeping Your Eyes & Mind On The Road

Distracted Driving: Keeping Your Eyes & Mind On The Road

In today’s world, we have become so dependent on technology- our smartphones, our tablets, our smart watches- that ignoring life while driving your vehicle has become almost impossible. Distracted driving has become a much bigger issue as technology continues to advance and we become more reliant on our devices, and it can have serious and deadly consequences. In 2013, approximately 3,000 people were killed in car accidents caused by distracted drivers.

While teen drivers are already at a higher risk of getting into an accident, they are also the most easily distracted by technology. While there has been a huge push in the media to educate the public about the dangers of texting and driving, texting is not the only thing that can cause a driver to become distracted.

Here are some ways to help eliminate distractions for you and your teen drivers that are easy and effective-

  • Put your cell phone on silent or airplane mode
  • Put your phone somewhere out of reach
  • Ask your passengers to help you if you need to send a text, answer a call, or use your GPS
  • If something absolutely demands your attention, pull over 

Changing your habits to become fully focused on driving can be difficult if you generally use your time in the car to multi-task and catch up on things. However, practice makes perfect, and exhibiting good driving habits is just one way to show those around you that driving distracted is simply not worth it.

If you have questions about a vehicle accident and would like to speak to an experienced attorney, you can call Kyle today to schedule your free consultation!

Cobb County Georgia-Super Speeder Law

Georgia’s Super Speeder Law

Criminal Defense Attorney Woodstock Ga

You may have heard of Georgia’s super speeder law before, but how much do you actually know about it? Do you know exactly what the parameters of the law are? Do you know what the consequences of violating the law are? Read on to find out and learn why hiring a defense lawyer may be a good idea.

Georgia’s super speeder law states that a super speeder is someone who is driving 75 mph or more on a two lane road or 85 mph or more on any road or highway in Georgia.

If you receive a super speeder ticket, it is important to hire a lawyer immediately! You only have 120 days from the day you receive the ticket to pay the $200 fine (plus local speeding ticket fines) , or your license will be automatically suspended resulting in even more fines to reinstate your license. However, if you pay the fine you are pleading guilty to a super speeder ticket, which can have grave consequences. If you pay the super speeder fine, your auto insurance rate may increase drastically. Furthermore, even if you pay the fine, the state of Georgia may suspend your license anyway! Pleading guilty to the super speeder ticket also results in many points on your driver’s license. It is important to hire an attorney in order to make sure none of your rights are being violated. Hiring an attorney is a crucial step in making sure your right to drive does not get revoked and reducing the number of points that go on your license.

If you have already paid your super speeder ticket, it is not too late to hire an attorney. An attorney can go over all the details of your case with you, and in some instances can file a motion to change your guilty plea. This is not always the best option, and the motion may not always be granted, but if it is granted your case would begin again.

Kyle will take the time to go over all the nuances of your particular case and make sure none of your rights have been violated. He will go over all your options with you and make sure you receive the best possible outcome after receiving a super speeder ticket.