Criminal Defense Archives - Moffitt Law, LLC

0 A First Time Drug Offense In Georgia Can Result In Serious Consequences

A drug offense in Georgia is serious, as laws are strict. Penalties can involve hefty fines and a prison sentence. In most cases, first-time offenders are treated more leniently than repeat drug offenders, but penalties will depend on many factors. How Georgia Defines Drug Possession Georgia law says that you are in “possession” anytime you […]

0 Threats of Violence Carry Serious Consequences

Our country’s First Amendment grants the right to free speech to all citizens. Free speech, however, does not include threats of violence. You are not covered by the first amendment and can be prosecuted under Georgia law if you threaten to harm someone or many people. In early 2019, two students from Otwell and North […]

0 Can I Get My Criminal Record Expunged?

If you have a criminal record it can make it difficult to get a job, rent an apartment, and even go to college. In today’s electronic world, it seems anyone can access your criminal history to find out if you have a conviction. You may wonder whether you can get your criminal record expunged or […]

0 Can I Refuse a Police Search?

If you are stopped by the police, you may wonder what rights you have. The Fourth Amendment of the U.S. Constitution Bill of Rights protects citizens from unlawful search and seizure. But what exactly does that mean? If the police ask whether they can conduct a search of your property, you have the right to […]

0 What Are The Most Common White Collar Crimes and Penalties?

When people think of criminal activity they usually consider things such as burglary, robbery, and theft. There are, however, many other types of crimes that are considered white-collar crimes. White-collar crimes are crimes committed by professionals in the workplace. If you get charged and convicted of white-collar crime it can have a devastating impact on […]

0 What to Expect at a Bond Hearing

When you are arrested on criminal charges in Georgia, you are entitled to a bail bond hearing. The judge will determine if a bond is necessary and the amount you must post. The bond hearing typically takes place immediately following your arrest. During the hearing, you will be read the official charges against you, and […]

0 Theft by Taking vs. Deception in Georgia

Under Georgia law, there are several different types of theft offenses. Each criminal offense has different elements that must be proved by the prosecutor (i.e., the state of Georgia) in order to successfully get a conviction. These offenses include theft of services, theft by shoplifting, theft by extortion, theft by conversion, and theft of lost […]

0 Sealing or Expunging a Criminal Record in Georgia

In the state of Georgia, like many other states across the country, a criminal record may be erased under specific circumstances. This process is often referred to as restricting, sealing, or expunging a criminal record. Once a criminal record has been restricted in Georgia, it may only be accessed by criminal justice officials for particular […]

0 Types of Evidence Presented in Georgia Criminal Trials

Of note, the prosecution (i.e., the government) has a legal duty to preserve certain types of evidence that it collects during criminal investigations and prosecutions. This duty exists to protect the accused’s rights to due process and right to a fair trial under the United States Constitution’s Sixth and Fourteenth Amendments. The government has a […]

0 “Terry Stop” versus Arrest – Understanding the Difference in Georgia

In today’s America, it is critical for everyone to be aware of his or her constitutional rights. One critical right is the Fourth Amendment’s protection against unreasonable searches and seizures, as well as the requirement that no warrants shall be issued except upon probable cause. An encounter between a private citizen and a law enforcement […]

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Category Archives for "Criminal Defense"