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Georgia Supreme Court Drastically Changes DUI Law
Georgia Supreme Court Drastically Changes DUI Law
I have a lot of mixed feelings about the Georgia Supreme Court’s opinion in Elliott vs. State. Make no mistake, there is a lot to digest in this 90+ page opinion. But one this is certain, major changes to our understanding of Georgia DUI law is here.
This ruling provides protection to individuals charged with Driving Under the Influence. The Court held that the State of Georgia can no longer use a person’s refusal to take the state administered breath test against them at trial for a DUI. This ruling is based on the Court’s interpretation of the Georgia Constitution that provides more protection against self-incrimination than the Federal Constitution. However, the opinion makes clear that the ruling does not apply to civil proceedings where a DUI driver is sued for hurting someone or causing a crash.
I’ve vigorously defended good people charged with DUI. As a personal injury lawyer, I’ve helped families through the horrific aftermath that a drunk or impaired driver can cause to a person and their family.
Still, the best advice a lawyer can give you if you are concerned about alcohol and driving has not changed. Call a cab. Use Uber or Lyft. Find a sober driver. Do it for yourself. Do it for your community.
Get Legal Help Now!
ID Cards For Autism
ID Cards For Autism
Positive and fair interactions between the police and the public has long been a common goal between the two and has been a hot button issue in the media for years. The police and the public can and should work together to promote positive interactions, and it looks like the state of Alabama is leading the way!
Drivers in Alabama who have been diagnosed with Autism are now carrying ID cards they can present to police during a police encounter. You can read the full story over at Autism Speaks.
Way to go, Alabama!
School Sports Safety
School Sports Safety
Now that school is back in session here in metro Atlanta, its time for school sports activities to start back up as well! School sports teams provide great exercise for kids and teens, and are a great way for kids to make new friends. Participating in school sports is also helpful in teaching kids how to contribute toward a team effort and valuable leadership skills.
Of course, as parents, we always worry about our children and team sports do come with certain risks. Although school sports are generally safe activities, any kind of physical activity can pose certain risks.
Here are some school sports safety tips to ensure that your children stay safe!
- Warm-up! Warming up the muscles and getting them loosened up can help prevent injuries. Some light cardio and stretching is great for warming up! This tip isn’t just for school sports- its generally a good idea for a person of any age to warm up before doing any kind of physical activity.
- Drink water! Hydration is key in preventing injuries and illness due to over exertion and heat related illness. Not only will encouraging hydration during school sports help your school athletes to stay safe, it will also help promote healthy life long behaviors.
- Wear proper equipment! Although protective equipment can be cumbersome and be deemed “uncool” by your kids, its vital to keeping your kids safe during sporting activities! Helmets, goggles, mouth guards, etc. are all designed to help protect your kids from serious injuries. Its important that you check all protective gear to make sure its in good condition. If not, it can seriously compromise the effectiveness of the equipment and it should be replaced immediately.
For more information about school sports safety, you can visit the National Center for Sports Safety website.
If you have a child who has been injured in a sports related accident, call Kyle today at (770) 744-5250 for your free consultation. There are many things that can cause a sports related accident, and Kyle has the experience necessary to help you and your child.
Voluntary Manslaughter Defense
Voluntary Manslaughter Defense
Before we begin talking about manslaughter defense, let’s first talk about what exactly voluntary manslaughter is. Voluntary manslaughter is usually defined as an intentional killing that occurs when then offender had no previous intent to kill. This is commonly referred to as a killing in the “heat of passion”. The circumstances leading up to the killing may have lead to the offender, a reasonable person, becoming emotionally or mentally distraught or disturbed. A prime example of this is someone who comes home to find his or her spouse in bed with someone else.
There is a wide spectrum of homicide charges that an offender can be charged with. This one falls between murder (killing with intent) and self-defense. Its important to note that voluntary manslaughter is different from involuntary manslaughter, and definitions can differ from state to state.
Federal law defines voluntary manslaughter as the unlawful killing of a human being without malice upon a sudden quarrel or heat of passion. We already know voluntary manslaughter is often referred to as a “heat of passion” crime. Voluntary manslaughter can also be defined as a killing that occurred when an offender mistakenly believed the killing was justified, such as self defense.
Although every case is unique, there are some common defenses that are often used in voluntary manslaughter cases. The defense used for each case is dependent upon what state that case is in and the particular nuances of the case.
Here are some of the most common arguments used for voluntary manslaughter defense:
Actual Innocence
Having not committed the crime at all is, of course, the best possible manslaughter defense. Because we are in the United States, the burden of proof lies with the prosecutor. The prosecution must prove beyond a reasonable doubt that the accused has, in fact, committed the crime they are being charged with. Some ways to counter a prosecutor’s accusations are by using an alibi or by questioning the validity of the prosecutor’s evidence.
Self-Defense
There are two types of self-defense claims- perfect and imperfect. In a voluntary manslaughter case, the only kind of self-defense claim that can be used is a perfect self-defense claim.
A perfect claim of self-defense is when there is actually a reasonable need for deadly force in order to protect one’s life, and there is no wrongdoing by the defendant. This implies that the defendant acted solely in fear of his or her life and/or personal safety.
Insanity
The insanity defense can differ slightly from state to state, as each jurisdiction may have slightly different legal definitions of “insanity”. Generally, however, insanity refers to a defendant’s inability to distinguish right from wrong and an inability to understand their actions. If a defendant meets their jurisdiction’s legal definition for insanity at the time of the incident, they may not be held accountable for their actions.
Accidental Killing
If it can be shown that the killing occurred as the result of an accident, a defendant may not be charged with voluntary manslaughter. Using the accidental killing defense may not be enough to get a defendant out of any charges, but it may be possible to get a voluntary manslaughter charged reduced to an involuntary manslaughter charge. The name voluntary manslaughter suggests that there was an intent to kill or harm. Involuntary manslaughter results from negligent or reckless behavior, and the consequences and penalties may be less severe. If a defendant can show the victim’s death resulted from negligent or reckless behavior, voluntary manslaughter charges may be reduced.
Intoxication
Generally, intoxication will not excuse a person from criminal behavior. However, if the intoxication was involuntary (if someone was drugged against their will or without their knowledge), it may be a useful defense.
If you or someone you know is facing voluntary manslaughter charges, call Kyle today for your FREE consultation at (770) 744-5250.
Criminal Defense & The First Offenders Act
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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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.
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.
Drug Possession Atlanta | Atlanta Criminal Lawyer
Drug Possession Lawyer Atlanta
Drug possession lawyer Atlanta – Drug possession laws state that it is a crime to possess illegal controlled substances. Some examples of these include marijuana, methamphetamines, cocaine, LSD, heroin, etc. Drug possession laws can also include paraphernalia. The laws surrounding these charges are tricky and should not be faced without a good criminal defense lawyer.
The laws and penalties can vary based on the type of drug, the amount, and your location. Although these charges are serious, the burden of proof lies with the prosecutor and the prosecutor must be able to prove beyond a reasonable doubt that you knew the drug was illegal and that you knew you were in possession of it. Drug possession charges fall into two different categories- simple possession and possession with intent to distribute.
Simple possession indicates that you were only in possession of an amount small enough for personal use, while possession with intent to distribute indicates that you were in possession of a much larger amount. Possession with intent to distribute carries much harsher punishments and penalties.
Although these charges should not be taken lightly, there are several ways your defense lawyer can help build a good defense for you. The first is unlawful search and seizure, which is a violation of your Fourth Amendment rights. Another is to build the defense that the drugs belonged to someone else. If you did not know about or have control over the drugs, it will be much harder for prosecutors to prove the charges. Crime lab analysis and “missing drugs” are also good defenses. The drugs must be sent to a crime lab, be tested, and test positive for the drug prosecutors are claiming you had possession of. The crime lab analyst must then come testify at your trial. Similarly, prosecutors should be able to produce the drugs at your trial as evidence in order for you to be prosecuted. Other defenses that can be used but are harder to prove are that the drugs were planted and entrapment.
Kyle is a skilled criminal defense lawyer and has successfully defended many clients against drug possession charges. He will take the time to go over all the facts of your case and build the best defense possible for you. He knows some drug possession charges are best negotiated with a prosecutor while others are best handled through a trial. Call Kyle today and he will work with you to achieve the best possible outcome for your case.
