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.

 

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.

 [sz-gplus-share size=”medium” align=”left” annotation=”bubble” text=”Share our Blog!” img=”http://bestdefensega.com/wp-content/uploads/law-series-4-1467436.jpg” position=”outside” /]

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.