Statutory Rape

The term statutory rape is familiar to most of us, but what exactly is it? The term statutory rape refers to any sexual relations involving someone below the age of consent. Legally, someone below the age of consent cannot give his or her consent to having sex or engaging in sexual acts. Therefore, someone who engages in sexual acts with someone below the age of consent has violated the law. In Georgia, the age of consent is 16.

These laws vary from state to state and each state sets its own age of consent. States also punish violators of this law under different laws including sexual assault, rape, unlawful sexual intercourse, and carnal knowledge of a child. There are not many federal laws that address statutory rape. The federal government has let the states make their own rules regarding this topic.

Generally, when we hear the word rape we associate the act with some kind of physical force. Statutory rape does not have to involve any kind of force. Statutory rape is very different from other types of rape and child molestation because the act would generally not be a violation of the law if both participants were above the age of consent. Since someone under the age of consent legally cannot consent, the act becomes a crime whether or not force has been involved. If force was involved in the act, states may choose to prosecute the offender differently. In this case, the offender may face much more severe charges (perhaps child molestation or aggravated rape).

If you have committed statutory rape, you may be facing a variety of different charges. Your charges can range from a misdemeanor to a felony. There are many factors that influence what type of charge you may be facing. These charges include the age of the victim, the age difference between you and the victim, prior sexual offenses, and whether the incident involved alcohol or drugs.

Punishments for statutory rape can also vary widely. Your punishment for statutory rape could include jail time, probation, harsh fines, counseling or other treatment programs, and the requirement to register as a sex offender.

Some states also have what are called “Romeo and Juliet Laws” which refer to sexual relations involving parties who are both below the age of consent or when an offender is very close in age to the person under the age of consent. These laws vary greatly from state to state. In some states these laws can provide the opportunity for a defense against criminal charges and in other states they simply lessen the offense and punishment.

In some states, people in certain professions who have knowledge of statutory rape are required to report it to the police. These professions may include teachers, doctors, and public employees.

North Georgia Miranda Rights Lawyer

North Georgia Miranda Rights Lawyer

Miranda Rights and Your Right to an Attorney

The now famous “Miranda Rights” stem from a court case in 1966 called Miranda v. Arizona. These rights provide restraints on interrogations conducted by law enforcement officials. You need a North Georgia Miranda Rights Lawyer to protect your Miranda Rights.

The Miranda rights are as follows-

 

  • You have the right to remain silent
  • Anything you say can be used against you in a court of law
  • You have the right to have an attorney present now and during any future questioning
  • If you cannot afford an attorney one will be appointed to you free of charge

 

Perhaps the most important of the Miranda Rights is the right to have any attorney. This is to protect you from self-incrimination (your Fifth Amendment right).

If you are arrested or otherwise detained it is crucial that the law enforcement officials interacting with you inform you that you have the right to have an attorney present during any and all questioning. However, attorneys are expensive and during Miranda v. Arizona the Supreme Court declared that if you cannot afford an attorney one must be made available to you anyhow.

Once you have invoked your right to have an attorney present, the police may no longer continue questioning you. They must stop any and all questions until your attorney is with you. Not only does your attorney have to be with you for any future questioning, but the police are also required to give you a chance to have a meeting with your attorney without their presence.

Do not forget that you CAN be arrested without being read your Miranda Rights. Miranda Rights must only be read to a suspect before the police interrogate you. If you answer any questions asked by the police without being read your Miranda Rights, your statements may not be used in court. However, there ARE some questions the police are allowed to ask you without having read your Miranda Rights to you.

These questions include-

 

  • Your name
  • Your address
  • Your date of birth
  • Your social security number
  • Any other questions needed to determine your identity

 

It is important that you are aware of the rights granted to you by Miranda v. Arizona in the event that you are arrested or detained. If you believe your Miranda rights have been violated contact Kyle today!

Call 770.744.5250 for a free case evaluation!

Domestic Violence Lawyer

Domestic Violence Lawyer

A Domestic violence lawyer can help answer questions regarding the charges you face. Domestic violence charges can carry stiff penalties and are taken very seriously. Being convicted of a family or domestic violence crime can tarnish your reputation for the rest of your life.

Hiring a good criminal defense lawyer quickly is very important. Domestic violence crimes refer to acts of violence committed against a family member or a person living in your household.
Domestic violence acts can be applied to many relationships- married and unmarried heterosexual couples, married and unmarried homosexual couples, people who are simply living together, or people who are simply dating.
Typically, domestic violence involves crimes that are repetitive and can include allegations of physical and psychological abuse. Domestic violence is an umbrella term consisting of more specific charges that can vary based on the severity of the injuries sustained, whether or not a minor was present, and whether a protective order was in place and violated. Domestic violence can take several forms- physical abuse, psychological abuse, emotional abuse, sexual abuse, and economic abuse.
Domestic violence charges can include battery, assault, violation of a protective order, stalking, and aggravated stalking. Penalties for these charges may include jail time, probation time, stiff fines, no longer being able to see certain family members or your children, and even loss of your Second Amendment rights. Because these charges are so varied and penalties are so harsh it is imperative to hire a good criminal defense lawyer. Kyle is extensive experience handling these types of cases and will build the best defense possible for your unique case.

Can Sexting be a Sex Crime

Can Sexting be a Sex Crime?

Sexting Criminal Defense Lawyer

The word “sexting” is a relatively new term, but it has quickly infiltrated our society. Even many of our grandparents are familiar with the term. The act of sexting has become popular with people of all ages, but particularly so with teenagers. With the use of social media ever on the rise, there are multiple outlets for teens to share their sexts through. These sexts can then be seen by all of their friends and many other online users. With sexting on the rise, the potential for people to violate child pornography laws has grown exponentially.

Crimes committed through social media are prosecuted by using existing laws. The federal definition of child pornography is “any visual depiction of sexually explicit conduct involving a minor”. The state of Georgia has a law specific to child pornography occurring on a computer called the Computer Pornography and Child Exploitation Prevention Act of 1999.

The application of child pornography laws becomes somewhat muddled. An adult who takes a sexually explicit photo of a minor and shares it through a social media outlet has obviously violated a child pornography law. Many states are taking it a step further and prosecuting minors for child pornography as well. If one minor receives a sexually explicit photo from another minor and forwards it on, without permission, to another minor, that can be a violation of child pornography laws as well. Unfortunately, there is no clause in the child pornography laws exempting minors from being subject to prosecution even if they took photos of themselves willingly.

Child pornography laws are ever changing and under increased scrutiny with social media and the popularity of the selfie on the rise. Prosecutions for violating child pornography laws are on the rise and penalties for violating these laws are becoming stiffer. One of the gray areas of the child pornography laws as they stand is the subject of possession of child pornography. Social media outlets are able to store larger and larger amounts of images for indefinite amounts of time. Viewers of these images no longer have to download them directly to their computers since they can simply view them as they are stored through the social media outlets. Does this constitute possession?
Kyle Koester has successfully defended clients against child pornography charges.

These charges can be serious and complicated. Call Kyle so he can get to work on your case today!

Call 770.744.5250 Today!

Boating Under the Influence

Boating DUI Lawyer

Many of us know our state DUI laws, but how many of you know your state BUI laws? BUI stands for boating under the influence, and in the state of Georgia the BUI law is nearly identical to the DUI law. Unique to the Georgia BUI law is the “10 day” clause. You only have 10 days to appeal the suspension of your right to boat in Georgia. If you do not appeal within 10 days, you will automatically lose your right to boat in Georgia. This suspension could last for up to one year. Other consequences of a BUI are similar to those of a DUI. You can face jail time, stiff fines, increased insurance rates, and a permanent criminal record. Over half of all boating accidents are directly related to alcohol or drug use and states are cracking down on enforcing BUI laws. Getting a BUI is just as easy as getting a DUI. You can be pulled over for a “traffic stop” on the water just like you can on the road, and oftentimes checkpoints are set up on the water just like roadblocks are on the road.

Consequences of a BUI are similar to those of a DUI. Getting a BUI can give you a criminal record that will follow you for the rest of your life. You can have your boating license suspended, and for repeat offenders your driver’s license can be suspended as well. There are also high fines associated with receiving a BUI and a judge could also order you to take an alcohol and drug-counseling course. Some repeat BUI offenders can even get charged with a felony. BUI penalties often become harsher if minors were present during the BUI.

Don’t let yourself face stiff consequences and your right to boat in Georgia. Call Kyle today so he can begin working immediately on your case.

770-744-5250

Shoplifting cases are very high risk cases

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Child Abuse cases are our first priority

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