Child Pornography Defense Lawyer

Child Pornography Defense Lawyer

According to both federal and state laws, it is illegal to produce, possess, distribute, or sell pornographic materials that exploit (or portray) a minor. A minor is someone who is under the age of 18. Child pornography laws are being implemented more and more to punish crimes that have occurred using the internet to obtain, share, and distribute pornographic material that involves minors or children. Pornographic material can refer to pictures or videos.

The following federal laws reference child pornography-

18 U.S.C. § 2251– Sexual Exploitation of Children (production of child pornography)
18 U.S.C. § 2251A– Selling and Buying of Children
18 U.S.C. § 2252– Certain activities relating to material involving the sexual exploitation of minors (Possession, distribution and receipt of child pornography)
18 U.S.C. § 2252A– Certain activities relating to material constituting or containing child pornography
18 U.S.C. § 2260– Production of sexually explicit depictions of a minor for importation into the United States
State laws vary.

Even if you are a first time offender who is being charged with producing child pornography, you may still be sentenced to hefty fines and between 15 and 20 years in prison. You also may be prosecuted under federal law, state law, or both for any offense related to child pornography.

Because penalties for child pornography related offenses are so stiff- much more so than for other criminal offenses- if you are facing these charges you need an experienced child pornography defense lawyer. A guilty conviction may land you in prison for up to 20 years and you may be registered as a sex offender for life. These consequences will follow you for the rest of your life and could affect your relationships with family and friends and may affect your ability to get a job.

As an experienced child pornography defense lawyer, Kyle understands the severe consequences you are facing and what is at stake. Kyle relies on his knowledge, experience, and tried and true defense strategies to get acquittals, to negotiate for lesser charges and sentences, and to have convictions overturned on appeal. Once you have contacted Kyle, he will go to work right away to begin building your custom defense strategy.

Kyle can help defend you if you are facing any of the following charges:

  • Manufacturing child pornography
  • Possession of child pornography
  • Distributing of child pornography
  • Downloading or uploading child pornography
  • Having child pornography on your computer
If you are facing any of the aforementioned charges, it is especially important that you contact a child pornography defense lawyer immediately! However, it is also important to contact a child pornography defense lawyer if you believe you may be facing these charges in the future. Many times, if you are the subject of a child pornography investigation, you will be aware of it before formal charges are brought against you. Having a child pornography defense lawyer before formal charges are brought against you can be extremely helpful. In some cases, it may even be possible for you to avoid having charges brought against you at all if you have a lawyer early enough in the process.

If you believe you are the subject of a child pornography investigation or if you are facing child pornography charges, call Kyle immediately at (770) 744-5250 so he can begin working for you!

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Expungement: A Brief Overview

Expungement: A Brief Overview

We’ve all heard of expungement, but how many of us know exactly what it is? Expungement is a court-ordered process that seals (or erases) the legal record of an arrest or criminal conviction. Expungement may also be called “expunction” and the whole process may be referred to as “setting aside a criminal conviction”. In Georgia, the process is called “record restriction”. Eligibility for and the process of expungement will vary from state to state, and possibly even county to county.

What are the legal effects of an expungement?

An expungement means that an arrest or conviction has been sealed (erased) from a person’s criminal record for MOST purposes. Once the process is complete, the person whose record was expunged generally does not need to disclose the arrest or criminal conviction when filling out a job application or a rental application. In most cases, if a potential employer, educational organization, or a similar company conducts a background check on an individual, no record of an expunged arrest or conviction will be found.

However, an expunged arrest or conviction is not always completely erased. Some government agencies, including law enforcement and the criminal courts, will still be able to see the expunged arrest or conviction. This is why arrests or convictions are sometimes referred to as being “sealed” as opposed to expunged. During some legal proceedings, arrests and convictions can still be used as proof of a prior conviction.

Are you eligible for an expungement?

Although expungement may be an option in the state or county of your conviction or arrest, you still may not be eligible depending on your criminal record. Your criminal record has to meet certain criteria in order to qualify for an expungement.

Your eligibility for an expungement can depend on a variety of factors including:

  • The amount of time passed since the arrest or conviction you are trying to have expunged
  • The type, nature, and severity of the conviction you are trying to have expunged. For example, an expungement for a violent sex offense may be denied.
  • Your prior criminal history including arrest and convictions in all jurisdictions- not just the one in which the expungement is being sought.
  • The type, nature, and severity of all events in your criminal record.

Depending on your state and county, there may be some applicable eligibility rules that pertain specifically to arrest and convictions that occurred while you were a juvenile. There may also be special eligibility rules that apply specifically to expungements for sex offenses.

What about expungement in Georgia?

Expungement in the state of Georgia is called record restriction. In Georgia, if your arrest was not referred for prosecution, it will eventually be restricted from your criminal history, Misdemeanors and felonies are subject to different timelines for this. There are three general situations in which an arrest can be restricted from your criminal history- non-convictions, youth offenders, and if you were charged with a felony but convicted of an unrelated misdemeanor.

The state of Georgia has many provisions and special rules for having your record restricted. For more specific information, you can visit the Georgia Justice Project’s Expungement FAQ page.

If you or someone you know needs help with a record restriction in Georgia, call Kyle today at (770) 744-5250 for your FREE consultation.

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.

 

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.

 

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.

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.

 

 

 

 

 

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!

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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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.