While DCS has a mandatory obligation to provide notice under OCGA § 17-10-1(a)(1)(B), a failure to do so does not automatically terminate an individual’s probation. Instead, the trial court retains discretion over whether probation should end, even when the statutory conditions for early termination have been met.

Facts:

The case arose from the conviction of Marvante Clark, who was indicted in Henry County in 2017 on multiple charges, including burglary, theft by receiving stolen property, and drug offenses. In 2018, Clark entered a guilty plea under Georgia’s First Offender Act and was sentenced to ten years, with one year to be served in confinement and the remainder on probation. At the time of his sentencing, the law did not include the early probation termination provisions that would later become a key issue in his case. However, in 2021, the Georgia legislature amended OCGA § 17-10-1(a)(1)(B) to allow for early termination of probation after three years for eligible individuals. The amendment was made retroactive, meaning Clark could benefit from the new law.

Under the statute, if a defendant has paid all restitution, has not had their probation revoked in the preceding 24 months, and has not been arrested for any serious offenses, DCS is required to notify the court and provide an order for probation termination. Clark argued that by February 12, 2021—three years after his sentencing—he had met all the statutory requirements and that DCS’s failure to notify the court should result in his probation automatically terminating.

Analysis and Holding:

The Georgia Supreme Court ruled that the language in OCGA § 17-10-1(a)(1)(B) is, in fact, mandatory. This means that DCS is required to notify the court and the prosecution when a defendant qualifies for early termination. However, the Court also ruled that a failure to provide notice does not automatically result in probation termination. Instead, the trial court retains discretion over whether probation should end.

This ruling has significant implications for Georgia’s criminal justice system, particularly for individuals seeking early termination of probation. While the decision affirms that DCS has a clear legal duty to notify courts, it also underscores that judicial discretion plays a crucial role in determining whether probation should end.

Key Takeaway:

Probationers who believe they qualify for early termination should NOT assume that their probation will be terminated automatically at the 3 year (or BID date). Instead, they may need to take proactive legal steps, such as filing a motion or petitioning the court for relief.

Clark v. State can be found here.

The Podcast on this issue can be found here.

The case arose from a DUI investigation in which law enforcement officers obtained a search warrant to test the driver’s blood for alcohol content. However, after collecting the blood sample, authorities proceeded to test for the presence of drugs as well—without obtaining a separate warrant! Johnson moved to suppress the drug test results, arguing that the search exceeded the scope of the warrant.

The trial court agreed with Johnson, ruling that the warrant was limited in scope to testing for alcohol and did not authorize a broad analysis for drugs. The prosecution appealed, contending that testing for both alcohol and drugs was a reasonable extension of the search warrant.

The Georgia Court of Appeals upheld the trial court’s suppression of the drug test results. The court emphasized that search warrants must be specific in their authorization and that law enforcement cannot expand the scope of a warrant on their own initiative. Because the original search warrant only permitted a test for alcohol, testing the blood for drugs was an unauthorized search and violated the Fourth Amendment.

This decision serves as an important reminder that constitutional protections against unreasonable searches and seizures apply to DUI blood tests just as they do in other criminal investigations. If law enforcement wants to test for substances beyond what is explicitly authorized in a search warrant, they must obtain a separate warrant.

State v. Johnson can be found here.

The Podcast on this issue can be found here.

Forrest pleaded guilty under an Alford plea to first-degree arson in Fulton County. However, before sentencing, he had also served time in DeKalb County jail for a separate charge. The trial court refused to credit that time toward his Fulton County sentence.

The Court of Appeals ruled that Forrest was entitled to full credit for each day he spent in confinement after his arrest, regardless of where that confinement took place.

The timeline is as follows (and he got credit for all of it!):

• August 1, 2022 – Arrested for Arson in Fulton County.
• August 1, 2022 to September 18, 2023 – Remained in Fulton County jail.
• September 19, 2023 – January 25, 2024 – Transferred DeKalb jail for another case.
• January 26, 2024 – February 2, 2024 – Transferred back to Fulton County jail.
• February 3, 2024 – April 18, 2024 – Transferred back to DeKalb County jail.
• April 19, 2024 – present – Transferred back to Fulton County jail.

O.C.G.A. § 17-10-11 is very clear: a defendant must receive full credit for each day spent in custody since the date of arrest for the charge at issue. Before a crucial 2020 amendment, credit was only granted for time served specifically related to a court order in the same criminal case. Now, however, the new law states that time served anywhere in the state must be counted.

The key provision reads:

“Upon conviction for an offense, a person shall be given full credit for each day spent in confinement in any penal institution or facility[,] including pretrial confinement, for any reason, since the date of arrest for the offense which is the subject of the sentence.”

The new law can be found here.

Forrest v. State can be found here.

The Podcast on this issue can be found here.

The defendant was convicted for a rape that occurred in 1995 or 1996 when his niece was approximately 12 years old. Although the niece disclosed the crime to family members in her late teens, she did not report it to law enforcement until 2010. The defendant was indicted in 2011, over 15 years after the alleged offense.

The court noted that Georgia law provides that the statute of limitations for rape is 15 years unless the victim was under 16 at the time of the offense, in which case the limitation period begins when the victim turns 16 or reports the crime, whichever occurs first. These exceptions are known as the “tolling provisions.” Importantly, these tolling provisions must be explicitly alleged in the indictment. Here, the indictment did not allege them. The defendant’s conviction was reversed, and the case was remanded back to the trial court.

Indictments are critical in all cases, but particularly sex crime cases. They require different information that other crimes do not need. Hiring a lawyer skilled in crimes involving sexual offenses is critical.

As of January 28, 2025, the current law on this topic is:

O.C.G.A. § 17-3-2.1

(b) For crimes committed on and after July 1, 2012, if the victim of a violation of:

(1) Trafficking a person for sexual servitude, as defined in Code Section 16-5-46;

(2) Cruelty to children in the first degree, as defined in Code Section 16-5-70;

(3) Rape, as defined in Code Section 16-6-1;

(4) Aggravated sodomy, as defined in Code Section 16-6-2;

(5) Child molestation or aggravated child molestation, as defined in Code Section 16-6-4;

(6) Enticing a child for indecent purposes, as defined in Code Section 16-6-5; or

(7) Incest, as defined in Code Section 16-6-22,

is under 16 years of age on the date of the violation and the violation is not subject to punishment as provided in paragraph (2) of subsection (b) of Code Section 16-6-4, paragraph (2) of subsection (d) of Code Section 16-6-4, or subsection (c) of Code Section 16-6-5, a prosecution may be commenced at any time.

The Purpose of a Guilty Plea Hearing

A guilty plea hearing is an essential proceeding where the client formally admits guilt to the charges against them. It’s a significant step that can shape the outcome of the case, and it’s critical to fully comprehend what this hearing entails before stepping into the courtroom.

Who Will Be in the Courtroom?

The courtroom may feel intimidating due to the number of people present, but understanding their roles can make it less overwhelming. Here are the key figures who will be present at a guilty plea hearing in Forsyth County:

• The Judge: The presiding authority who will accept or reject the plea, ensure the client understands the rights they’re waiving, and potentially hand down a sentence.
• The Prosecutor: Represents the state and presents the charges and evidence supporting the case.
• The Defense Attorney (who will stand next to you at all times): Your advocate, whose role is to ensure that your rights are protected and that you fully understand the implications of your plea.
• The Court Clerk: Responsible for maintaining the official record of the proceedings.
• Courtroom Deputies: Present for security purposes.
• Family and Supporters: Family members and loved ones may attend, which can be both comforting and emotional. They will sit behind you on the benches. Some judges will let them stand next to you at the podium.

What to Expect During the Guilty Plea Hearing

1. Review of the Charges and Rights: The judge will begin by reading the charges against you. This process ensures that you are aware of what you are admitting to. The judge will also explain the rights you are waiving by pleading guilty, such as your right to a trial by jury and the right to remain silent. Here is an example of the rights you will read and sign (taken from Forsyth County).
2. Confirmation of Voluntary Plea: The judge will ask a series of questions to confirm that you are voluntarily pleading guilty. This step is crucial to ensure there is no coercion and that you understand the nature of your plea.
3. Prosecutor’s Statement: The prosecutor will provide a summary of the evidence against you, outlining what they would have presented if the case had gone to trial. This helps the judge confirm there is a factual basis for the plea.
4. Statement from the Defense: Your attorney may present mitigating factors or statements on your behalf. This part of the hearing can influence the judge’s decision when it comes to sentencing. I like to present character letters, completed evaluations, and evidence about my client and his or her childhood.
5. Sentencing: In some cases, the judge may move directly to sentencing after accepting the guilty plea. In other situations, a separate sentencing hearing will be scheduled. The potential outcomes vary, ranging from probation to incarceration, depending on the severity of the charges and any plea agreement in place.

Possible Outcomes of a Guilty Plea

The outcomes of a guilty plea can vary widely based on the specifics of the case, the severity of the charges, and any plea agreement that has been negotiated. Some potential outcomes include:

• Prison
• PDC (Probation Detention Center)
• Accountability Court (Drug Court, Mental Health Court, Veterans Court, DUI Court)
• Probation

Emotional Impact: What You May Feel

Walking into a courtroom for a guilty plea hearing can evoke a complex range of emotions. Nervousness is common, as this is a formal admission of guilt with potentially life-altering consequences. It’s also not uncommon to feel relief if a plea deal has been reached that avoids a lengthy trial or reduces potential penalties.

The presence of loved ones can be comforting but may also heighten the emotional stakes. Bring them! I encourage every family member and friend to come. It will help your anxiety, and the judge will appreciate the support.

Final Thoughts: Why Preparation Matters

Facing a guilty plea hearing can feel overwhelming, but preparation is key. I understand the stress associated with criminal proceedings and am committed to guiding my clients through each stage with clarity and compassion. Having an experienced Forsyth County, Dawson County, and North Georgia criminal defense attorney ensures that your rights are protected and that you are fully prepared for what lies ahead. I know the judges. And I will get the judges to know you.

Your Guide to Getting Your Friends and Family Out of Jail

Welcome to Richman Law Firm’s blog, where we are committed to helping our clients navigate the legal system in Georgia. One crucial aspect of the criminal justice process in our state is understanding the bonding process. Whether you’re a concerned family member, a friend, a client, or simply curious about the bail and bonding process, this blog will provide you with comprehensive insights into how bonding works in Georgia. We’ll cover the various methods for bonding someone out of jail, ensuring you have the knowledge needed during these challenging times.

1. What is a Bond/Bail?

Bail is a legal concept that allows a defendant to be released from custody while their criminal case is pending. It serves as a financial guarantee that the defendant will appear in court for all required hearings and trial proceedings. The primary purposes of bail are:

1. Ensuring Appearance: Bail ensures that the defendant does not flee and remains available for court appearances throughout the legal process.

2. Protecting the Community: It provides a means to protect the community from potential harm by keeping the accused in custody if they pose a threat to public safety.

3. Presumption of Innocence: Bail upholds the fundamental principle of “innocent until proven guilty” by allowing individuals to maintain their freedom until their guilt or innocence is determined in court.

In Georgia, as in many other states, the bail process is a critical aspect of the criminal justice system. It provides individuals with the opportunity to secure their release, engage legal representation, and prepare their defense while awaiting trial.

Understanding the different types of bail and the process involved in obtaining it is essential, as it can significantly impact a defendant’s ability to navigate the legal system effectively. In the following sections of this article, we will delve deeper into the various types of bail in Georgia and the steps involved in the bonding process.

2. Types of Bail in Georgia

• Cash Bond

• Property Bond

• Surety Bond

• Signature Bond and Recognizance Bonds

Bail in Georgia comes in several forms, each with its own requirements and considerations. Understanding these different types of bail is essential for anyone involved in the criminal justice system:

Cash Bail:

Cash bail involves the defendant or their loved ones paying the full bail amount in cash to the court or jail. It is the most straightforward form of bail.

How does a Cash Bail work?

If the bail amount is, for example, $10,000, the defendant or their family must provide the full $10,000 to secure their release.

Property Bond:

Property bond allows the defendant to use real estate, such as a home, land, or other properties, as collateral for their release.

How does a Property Bond work?

To secure a property bond, the defendant must provide documentation showing ownership and equity in the property, typically valued at or above the bail amount. Each county sheriff has his own rules.

Surety Bond (aka using a bondsman):

A surety bond involves a third party, known as a bail bondsman, who guarantees the defendant’s appearance in court.

How does a surety bond work?

The bail bondsman typically charges a non-refundable fee, often a percentage of the bail amount (12-15%), and provides a bond to the court for the full bail amount. The bondsman is responsible for ensuring the defendant’s appearance.

Signature Bond aka Recognizance Bond:

A signature bond, also known as a recognizance bond, allows the defendant to be released on their promise to appear in court without the need for financial collateral.

How does a signature bond or recognizance bond work?

A judge may grant a signature bond based on factors such as the defendant’s ties to the community, prior criminal record, and the nature of the offense.

Conclusion:

In Georgia, choosing the right option for bonding out of jail is a critical decision that can significantly impact a defendant’s experience with the criminal justice system. Working with an attorney can help individuals make informed choices and navigate the complexities of the bail process effectively, ensuring their best chance for a successful outcome in their legal case.

LINKS!

Here is a link to the PODCAST of this blog article

Here are law enforcement agencies close to zip code 30040 in Forsyth County, Georgia, along with links to their respective bonding process information pages:

1. Forsyth County Sheriff’s Office

– Website: https://www.forsythsheriff.org/bonding-information

2. Cherokee County Sheriff’s Office:

– Website: https://sheriff.cherokeecountyga.gov/jail/bond.php

3. Gwinnett County Sheriff’s Office

– Website: https://www.gwinnettcountysheriff.org/bonding-process

4. Lumpkin County Sheriff’s Office

– Website: https://www.lumpkincounty.gov/154/Sheriffs-Office

5. Hall County Sheriff’s Office

– Website: https://www.hallcounty.org/236/Inmate-Accounts-Bonds

6. White County Sheriff’s Office

– Website: https://www.whitecountysheriffsoffice.com/sheriff/page/jail

7. Dawson County Sheriff’s Office

– Website: https://dawsoncountysheriff.org/components/detention/

1. Determine the purpose of the call: It is important to understand why the police are contacting you. Are they looking for information about a crime that has already occurred, or do they suspect you of involvement in a crime? Knowing the purpose of the call will help you understand your rights and how to respond.

2. Keep the conversation brief, if at all: If the police are calling you to ask questions, it is important to keep your answers brief and to the point. Do not volunteer any information that is not specifically requested. If you do not feel comfortable answering a question, it is okay to say so. Just call me!

3. Do not confess or admit to a crime: If the police are calling to ask about your involvement in a crime, it is important to remember that you have the right to remain silent. You should not confess to a crime or provide any information that could incriminate you. This right is protected by the Fifth Amendment of the United States Constitution, which states that “No person…shall be compelled in any criminal case to be a witness against himself.” This means that you cannot be forced to incriminate yourself, either through verbal statements or through physical evidence such as fingerprints or DNA samples. Again, just call me!

4. Seek legal counsel: If you are being questioned by the police, it is a good idea to seek the advice of a lawyer. A lawyer can help you understand your rights and advise you on how to best protect your interests. It is important to remember that you have the right to an attorney, and you can invoke this right at any time during police questioning. If you cannot afford an attorney, the government is required to provide you with one free of charge.

5. Cooperate with the police: Ehh, I would recommend you call me first. Sure, you have to be polite. But, saying “I love you brother, but AJ Richman represents me” is good enough!

It is also important to be aware of your rights during a police encounter. If the police stop you on the street or pull you over in your car, you have the right to remain silent and to refuse to answer any questions. You do not have to consent to a search of your person or your property unless the police have a warrant or probable cause.

If you are arrested, you have the right to remain silent and to speak with an attorney. You also have the right to be informed of the charges against you and to have a court-appointed attorney if you cannot afford one. It is important to remember that anything you say or do during an arrest can be used against you in court, so it is crucial to exercise your right to remain silent and to seek legal counsel.

In summary, if the police call you on the phone and ask about your involvement in a crime, it is important to remain calm, keep the conversation brief, do not confess to a crime, seek legal counsel, and be polite. By following these steps, you can protect your rights and ensure that you are treated fairly by the criminal justice system. If you are arrested or detained by the police, it is important to remember your rights and to seek legal counsel as soon as possible. An experienced criminal defense attorney can help you navigate the legal system and protect your rights every step of the way.

Probation is a type of sanction imposed instead of a prison sentence, and it requires you to abide by specific rules and restrictions as part of your sentence. You must meet with a “probation officer” regularly who will monitor progress and ensure you comply with all terms and conditions required by the judge. Think of these probation officers as adult babysitters. They are there to make sure you take care of doing everything the court asks you to do. In addition, you are expected to remain free of new arrests. A violation of probation can result in you being incarcerated.

Probation in Georgia is divided into two types: misdemeanor probation and felony probation. Most criminal cases are resolved with probation instead of jail time, which means most people in the criminal court system are on probation.

Types of Probation in Georgia for Criminal Cases

There are two types of probation available in the Georgia criminal justice system. These are

1. Supervised Probation

2. Unsupervised Probation

Supervised probation is quite standard. You are required to report to a probation officer at least once a month. You will take a drug and alcohol test, usually by peeing in a cup and pay your probation officer supervision fees and fines. The probation officer will check that you are keeping your part of the bargain by abiding by all conditions ordered by the Judge. You repeat this process every month until the end of your sentence.

Unsupervised probation usually occurs in a felony case after about six months of reporting and almost always happens after two years of probation. Some counties in Georgia allow for unsupervised probation for misdemeanor cases. Unsupervised probation is when you no longer have to meet with a probation officer face-to-face. You still have obligations, though, such as fines and court fees you must pay on time. Typically, to even be considered for unsupervised probation, you need to satisfy and complete all conditions of probation; this includes community service, required classes and evaluations, and the payment of any outstanding restitution. You should speak to your probation officer as soon as you complete all the required conditions to see if they agree to move you to unsupervised probation!

How Much Does Probation Cost in Georgia?

Probation costs generally range from $15 to $50 per month, depending on the supervision level you are placed on. City courts, also called Municipal Courts, may have their own probation companies that charge a higher fee. You must be aware that probation supervision fees are not fines! They are entirely separate and found on your sentence sheet. Probation supervision costs are important to consider because they are sometimes never mentioned by the judge but could add another $600 per year to your sentence!

Can You Leave the State of Georgia While on Probation?

Generally, you cannot leave the state while on felony probation. Most criminal sentences contain language under the heading “General Conditions of Probation.” Here is a quick video that discusses the General Conditions of any probation sentence. It contains explicit language prohibiting traveling and moving outside of the county and the state of Georgia. You must ask your probation officer to leave the state, even for a trip to Disney World, a cruise, or moving for college! If travel is a necessity, contact your Probation Officer and ask whether or not it’s allowed.

What are the Standard Conditions Of Probation?

A “condition of probation” or requirement imposed by the Court may include:

• Passing random drug and alcohol screens;

• Refraining from possession or use of alcohol;

• Not associate with known criminals;

• Not leave the county (misdemeanor probation) without permission of your probation officer;

• Community Service;

• Attending a drug and alcohol evaluation and complying with any recommended treatment;

• Taking DUI or Drug classes;

• Paying fines;

• Work faithfully toward suitable employment;

• Provide medical care to your dependents;

• Avoid injurious and vicious habits and harmful character;

• No contact with the alleged victim or victim’s school and employment;

• If a sex offense, you may not go to where minors congregate;

• If a sex offense, you may be restricted from a specified location or having internet access.

What is a Probation Violation?

A probation violation is any action taken against the terms or conditions of your probation. It could be failing a drug test, failing to report to your probation officer, associating with known criminals who are convicted felons, leaving the county without permission, or any number of different actions. Of course, committing a new crime is called a “substantive violation” and is grounds for your probation officer to seek an immediate warrant for your arrest. While probation officers generally do not put people in jail for failing to pay their court-ordered fines, it could happen if it is considered a willful violation.

If you violate probation, the judge could sentence you to jail or prison time based on the seriousness of your violation. And the length of time will be whatever is left on probation. For example, let’s say you are on misdemeanor probation, and it is for a total of 12 months. If you violate probation on month 2 for a positive drug test, the judge could put you back in jail for the remaining ten months of probation! This is when you want to speak with an attorney!

What is the Actual Georgia Law for Felony and Misdemeanor Probation?

Like me, you want to read the actual law that applies to both misdemeanor and felony probation sentences. As of 2021, the Georgia law is O.C.G.A. Section 42-8-35 code ann.

How do I Apply for Early Termination of my Probation Case?

This is one of the questions I get asked the most. To have your probation terminated, you must first complete all of the original conditions imposed by the judge and the probation officer. You should have this done without the probation officer reminding you. To terminate probation, you have to get the probation officer to agree, the prosecutor to agree, and ultimately, the judge to agree. Then, we can file a motion to terminate probation, and you will go in front of the judge to explain why you are worthy of coming off government supervision. You should bring all of your treatment completion certificates for any sort of rehabilitation you did if this were a drug offense or DUI case, as well as all drug testing certificates and a summary of the completed conditions. Finally, you want to prepare a statement to read to the judge as to why he can trust you to lead a productive life rather than go back to being friends with those with disreputable or harmful character and individuals convicted of crimes. You should also be ready to explain the financial burden that probation has on you.

Conclusion

In conclusion, probation is relatively easy, so long as you comply with the conditions of probation. While it is expensive, it is a much better alternative to jail as long as you know the costs ahead of time. The best advice if you find yourself in this situation is to contact a criminal defense attorney as soon as possible after you get arrested so that if you end up on probation, it can be for the shortest time possible and with the least amount of conditions.

Finally free, Devonia Inman can look forward to starting over with his life today. He was exonerated after years spent wrongfully convicted; 23 to be exact. He is now a free man thanks to his defense attorneys.

Inman, who claimed his innocence all along, was finally proven innocent after being wrongly accused of killing a Taco Bell night manager in Adel, Georgia. But, unfortunately, he spent nearly two decades behind bars for something he didn’t do. (Pause for one second – can you imagine tomorrow you are arrested for a murder you did not commit and spend 23 years of your life in prison?)

Judge Cook County Superior Court Judge Clayton Tomlinson signed an order dismissing the murder case. He found that evidence withheld by prosecutors strongly supported Inman’s claims of innocence. The Attorney General’s Office did not appeal, and the dismissal now stands.

The Atlanta Journal-Constitution covered this case in a podcast called “Breakdown” (it’s on Season 4). Inman was convicted without physical evidence–he went to prison based on the “eyewitness” testimony and witness statements of 4 prosecution witnesses. Yet, 3 of those witnesses recanted their stories. At the time of the trial, the judge refused to let Inman’s lawyers present that evidence.

Additionally, a piece of evidence – a mask – actually was retested by the GBI and came back to another suspect. And that suspect was convicted of another murder but was never considered for this Taco Bell murder! This piece of forensic evidence should have evidence at the jury trial, but the judge and prosecutor decided against it.

Do wrongful convictions happen? Yes, all the time.

Do prosecutors withhold evidence? We hope not, but as you can see here, yes.

Shoutout to the criminal defense attorneys at Georgia Innocent Project, Atlanta Journal-Constitution, and Troutman Pepper for the great work!

For more awesome press releases about this criminal trial and prosecutorial misconduct:

• Troutman helps to seek justice and secure innocent inmate’s release from prison
• Inman Exonerated by Georgia Innocence Project

This new law is called “Reckless Stunt Driving.” It will crack down pretty harshly on street racers in Georgia. Here’s what you need to know about Georgia’s new statute on reckless stunt driving: § 40-6-390.1 – This will be considered a misdemeanor traffic offense and much more than just a typical traffic ticket or traffic violation.

WHAT ARE THE PENALTIES FOR STREET RACING?

• You will have a suspended license under Georgia law.
• The fine is $300 to $750.
• Jail time ranges from a minimum of 10 days to a maximum of 180 days.

Second and third convictions for this offense will lead to increased fines, jail time, and the government’s ability to seize the vehicle and your driver’s license!

For those people who promote this event, the government will try and punish you too! The new statute, 16-11-43.1, says “[a]ny person who knowingly promotes or organizes an exhibition of illegal drag racing, in violation of Code Section 40-6-186, or of laying drags, in violation of Code Section 40-6-251, shall be guilty of a misdemeanor of a high and aggravated nature.” I presume there will be court cases where someone promotes an event simply by sharing a Facebook or Instagram post with their friends and followers.

Here is the actual language of the newly drafted O.C.G.A. 40-6-390.1:

“Any person who operates any vehicle while drag racing, in violation of Code Section 40-6-186, or laying drags, in violation of Code Section 40-6-251, in reckless disregard for the safety of persons on a highway or upon private property without express authorization from the owner of such property commits the offense of reckless stunt driving.”

From a practical standpoint, this new law will bring those people racing at accelerated speeds, or conducting an acceleration contest, into the jails in a relatively large number. Currently, a person may not actually get arrested on a racing ticket or warrant, but instead given a traffic ticket with a notice to appear in court. But, this new statute will likely cause the police officer to arrest the driver and bring them to jail immediately.

Real Case Result

In October of 2021, I represented a driver in Gwinnett County Recorders’ Court who not only received a traffic ticket for Aggressive Driving and Improper exhaust but who was actually arrested for a racing charge and accused of driving a certain distance while in a speed competition. The charges were bogus, and he hired my defense firm to seek an acquittal.

The Gwinnett County Police Department officer said he paced my client and another driver for some time and watched each of them travel side by side (under the speed limit). When my client and the other driver stopped at the red traffic light, they revved their engines. Once the light turned green, they sped off and were arrested.

My client told the police officer he was not racing. Once he hired my criminal defense law office, we obtained the body camera footage. It showed our client did not participate in the drag race. We utilized the best defense there is in criminal law–He simply didn’t commit the crime!

The prosecutor made us a plea offer directly before trial, which was to plead guilty to a “reduced” charge of reckless driving, complete some probation, pay a speeding ticket fine, and avoid a driver’s license suspension. And, they kept reminding me that a conviction to the actual charge of racing after trial will lead to a driver’s license suspension, mandatory jail time, and fines, among other consequences. I found this to be not in my client’s best interests. So, we decided to go to trial.

And we won! Not guilty on all counts!

Contact Us

If you are charged in Georgia for any criminal activity, contact Richman Law Firm attorneys immediately. We will give you the best defense possible and go over and beyond to get your case dismissed.

Almost every day, I get questions like:

• “Will the DUI be on my record?”
• “The charges were thrown out, but will the case still show up on my criminal history?”
• “I used first offender, so the arrest isn’t on my record, right?”

My answer always is: “It depends.”

I realize that’s not the answer you want, but did you know there are at least 15 different ways to run an official background check? Even worse, there are private companies such as LexisNexis and TLO that run private, non-official background checks. These types of checks are much more inaccurate and can be detrimental to you due to misreporting. Most employers, unfortunately, run unofficial background checks because it’s cheaper and finds more information on people (even if untrue or inaccurate), which gives the employer a better idea on who the applicant is.

Want to see what’s on your official criminal history? Easy. Go to your local Sheriff’s Office and ask for a background check. They will run your fingerprints, charge you a few dollars, and print out a report for you to keep. If you’ve ever been arrested, I would highly recommend you do this after the case closes to make sure your official background check matches what you believe the case closed to.

Links:

1. Here is a link to some FAQs on obtaining your criminal history and background record.

1. Here is a link to my other blog article discussing how to remove your mugshot off the internet.

Well, sorry, As of July 2021, I cannot answer that.

The Supreme Court of Georgia recently denied a motion by the State Bar to amend Rule 1.2 that would have allowed lawyers in Georgia to provide legal advice to marijuana businesses on how to operate. Now, this advice is no longer allowed, and lawyers will be punished if they provide it.

Why? A lawyer cannot “counsel clients to engage in conduct that the lawyer knows is criminal or fraudulent, and to assist clients in such conduct, so long as the conduct is not a crime under Georgia law.” Because the marijuana business is illegal in the state of Georgia (as is the possession of marijuana) lawyers are not allowed to give advice on how to commit crimes–i.e. how to possess marijuana, grow marijuana, and sell marijuana.

Here is the full Georgia Bar rule:

RULE 1.2 SCOPE OF REPRESENTATION AND ALLOCATION OF AUTHORITY BETWEEN CLIENT AND LAWYER

• Subject to paragraphs (c) and (d), a lawyer shall abide by a client’s decisions concerning the scope and objectives of representation and, as required by Rule 1.4, shall consult with the client as to the means by which they are to be pursued. A lawyer may take such action on behalf of the client as is impliedly authorized to carry out the representation. A lawyer shall abide by a client’s decision whether to settle a matter. In a criminal case, the lawyer shall abide by the client’s decision, after consultation with the lawyer, as to a plea to be entered, whether to waive jury trial and whether the client will testify.
• A lawyer’s representation of a client, including representation by appointment, does not constitute an endorsement of the client’s political, economic, social, or moral views or activities.
• A lawyer may limit the scope and objectives of the representation if the limitation is reasonable under the circumstances and the client gives informed consent.
• A lawyer shall not counsel a client to engage in conduct that the lawyer knows is criminal or fraudulent, nor knowingly assist a client in such conduct, but a lawyer may discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning or application of the law.

The maximum penalty for a violation of this Rule is disbarment.

So, for now, I cannot help you run a profitable marijuana business. But, if you get caught running one, I can certainly defend you in court!

Imagine this: You, your family, or your friend get arrested. What happens now? Well, in Georgia, once someone is arrested on criminal charges, they will appear before a magistrate judge for what’s called a First Appearance hearing. This hearing can happen anytime after an arrest has been made but usually takes place within three days of the arrest date–most of the time, it’s the same or the next day. The crimes are read aloud by the judge at this hearing, and bond options are discussed with the defendant.

Certain counties have specific rules. For example, in Forsyth County, some charges are bondable without even seeing a judge or having to wait for a First Appearance Hearing — DUI, Public Drunk, Disorderly Conduct, and other minor misdemeanors. However, if the crime is more serious or involves a victim, typically, you will have to wait for the First Appearance judge before getting out of jail. The most common crime on that end of the spectrum is Family Violence crimes (such as battery against your spouse), Stalking crimes, and any other violent crimes.

Regardless of the crime, it’s important to understand that in Georgia, you can be denied bond based on your criminal history, the allegations, or simply because a judge doesn’t feel comfortable letting you out of jail. So call a lawyer immediately to help you through the process.

**TIP – As of July 2021, if you are trying to watch First Appearance in Forsyth County, go to the jail lobby at 1:30pm during the week. There is a TV that has the hearing in real-time.

Now, rather than pay a fine and go home, you are faced with possible extradition. At this point, you may not have even been aware that you were in trouble with the other court, but it is there. You need to understand what extradition is.

What Is Extradition?

When a person gets arrested or a warrant is issued for them, your name and other information about the case will be put into the National Crime Information Center (NCIC). If it is discovered that you have legal issues from another state, you can be held or have extra charges added that will hold you for extradition. Extradition is a formal process that allows a fugitive who is arrested in one state (an asylum state) to be surrendered to another state (the demanding state) for a trial or punishment because of an extradition warrant.

As an example: You were picked up in Georgia and the courts discovered a warrant for something that happened 5-years ago in Michigan. Therefore, Michigan demands you are returned to them (extradited) to face charges.

What Does Extradition Mean for You?

A lot of little details must come together, but ultimately it means you could be sent to another state. If you are being held on a fugitive warrant, you will have the option to (A) Consent to it, (B) Request an extradition bond, or (C) Request a hearing.

Most people opt to consent, which means you will need to sign a Waiver of Extradition Proceedings. At this time, you will be sent to the other state for further legal proceedings.

However, there are certain requirements that must be met and may be good reason for you to opt for a hearing. They include:

• Proof of an Arrest Warrant by the Demanding State
• The Demanding State Must Produce Sworn Charging Documents Alleging an Offense
• Must Provide Proof Identifying You as the Actual Fugitive
• The Demanding State Must Retrieve the Fugitive (you) Within 30 (sometimes 90) Days from Arrest

You need to know the facts. If you want to know more about extradition, you should look through § 2:23. Extradition of fugitives—The Uniform
Criminal Extradition Act.

It is also recommended that you seek legal consult if you are facing extradition in Georgia. Insufficient documentation or insufficient identification could help you avoid the extradition process, especially if the demanding state is unable to rectify inaccurate information.

For decades, students accused of sexual assault on campus were afforded very few rights. Now, however, that has changed. Here are the new and improved rights for college students:

Changes to Current Title IX Practices

• Cross-examination. Students will now be able to cross-examine their accusers and witnesses. And this can be done through the attorney (who is usually very skilled in cross-examination) instead of the non-lawyer student.
• College locations – It used to be that if you were a student at a college, and you were sexually assaulted by another college student somewere off-campus that Title IX actions could still be implemented. However, the new rules state that colleges are only obligated to respond to reports of sexual harassment that occurred off-campus if the location is in use by an officially recognized student or institution organization, such as recognized fraternity or sorority housing or athletic housing.
• Colleges will be able to determine whether to use a “preponderance of the evidence” or “clear and convincing” standard as a burden of proof and must use the same standard for all complaints, no matter if they involve student or faculty misconduct.
• Stalking, domestic violence and dating violence are now officially considered examples of sexual harassment under Title IX.
• The definition of sexual harassment is more narrow than previous guidance. It is defined as “any unwelcome conduct that a reasonable person would find so severe, pervasive and objectively offensive that it denies a person equal educational access.” Reports of sexual assault, dating violence, domestic violence and stalking do not need to meet the description of “severe, pervasive and objectively offensive.”
• Colleges are not obligated to handle complaints of sexual harassment that occurs outside the United States. This means any harassment or assault that happens in American education programs abroad would not be covered by Title IX, but the new regulations say institutions “remain free” to apply misconduct policies for programs abroad if they so choose.
• If a Title IX coordinator receives multiple informal complaints of harassment against a single respondent, they will not be required to begin a formal complaint process. The department changed this requirement from the proposed rule, which sought to obligate Title IX coordinators to take action after receiving multiple informal reports against the same person.
• Colleges can no longer use a “single investigator model,” which has one official tasked with investigating, adjudicating and issuing disciplinary sanctions against respondents. The regulations instead require three separate officials to work through separate pieces of a single Title IX complaint process: a Title IX coordinator, who receives reports of sexual misconduct; an investigator, to gather facts and interview parties and witnesses; and a decision maker, to determine sanctions and remedies for parties.
• Colleges must train all personnel involved in the Title IX process and publish training materials on their websites. Training must involve review of the new rule’s definition of sexual harassment and the scope of the application of Title IX to college programs and activities, how to conduct a formal or informal process, and how to “serve impartially,” including avoidance of “prejudgment of the facts at issue, conflicts of interest, and bias.”
• Title IX processes may be conducted virtually, and staff must be trained on relevant technology to conduct remote investigations and hearings. Live hearings will be recorded, by transcript or audiovisually, and will be made available to parties and maintained in college records for at least seven years.
• Colleges must provide evidence related to allegations to parties and advisers at least 10 days prior to requiring a response, and parties will not be prohibited from speaking about the allegations. This means doing away with “gag orders.”
• Colleges are not obligated to follow a specific time frame for responding to reports of sexual misconduct. They are instead required to have “reasonably prompt” periods for carrying out each step in the Title IX complaint process.

Here is a link that explains what a Title IX action is: Title IX – AJ Richman explains

Of course, if you have any questions, please reach out to me!

Complete your DUI Class Online

From March 13, 2020, through July 11, 2020, courts and the Department of Driver Services are accepting completion of these classes by video. If I were you, I would try to get that Defensive Driving class done now, while you’re at home, to try to save money on your upcoming insurance payment! As an example, Travelers Insurance boasts giving up to an 8% discount to young drivers who have successfully completed an approved driver education course.

Here is a link to the order issued by Commissioner Spencer Moore of the Georgia Department of Driver Services.

And if you need to know where the approved classes are around you,please click here.

Of course, if you have any questions, please contact me at AJ@GeorgiaCrime.com.

It’s a battle that no one wants to face: one between trial lawyers, car crash victims, and car insurance companies. The question is whether a seat belt was used in a car crash. Should a jury be able to know the victim did not wear a seat belt?

What are the Penalties for Driving Without a Seatbelt in Georgia?

The fines for not wearing a seatbelt while driving depends on the age of the person. For a child 8 years or older, the fine is $25. If they offender is an adult the fines is $15. If it is a child under 4 and not in a safety belt restraint, the fine is $50 for a first offense and $100 for a second offense.

Some Stats

According to the National Highway Traffic Safety Administration:

• Georgia is at the top of the list when it comes to drivers buckling up with 97% in 2016 recorded as seat belt users.

• The state is also one of 34 that allows police to pull over an unbuckled driver. It is a fifteen-dollar fine if law enforcement catches you not wearing a seat belt.

• And out of 49 states, Georgia is one of 29 that bar the seat belt use as evidence in a lawsuit.

By law, do you have to wear your seatbelt in Georgia? Yes. But, think of this:

You run a red light and t-bone another car. Clearly, you’re at fault. The other driver, however, was not wearing his seat belt. He was ejected from the car and died. You are stuck with killing him and can be sued for a lot of money (much more than if he was wearing his seat belt). If he had been wearing his seat belt, he may not have even been injured.

Currently, whether he wore his seat belt isn’t allowed into evidence (the jury will presume he was wearing his seatbelt and will never be told he wasn’t).

Do you think that’s fair?

Let us know your thoughts in the comments section or contact me!

Reference

As a reference, the Georgia Seat Belt law can be found in O.C.G.A. 40-8-76.1 and it reads as follows:

(a) As used in this Code section, the term “passenger vehicle” means every motor vehicle, including, but not limited to, pickup trucks, vans, and sport utility vehicles, designed to carry 15 passengers or fewer and used for the transportation of persons; provided, however, that such term shall not include motorcycles; motor driven cycles; or off-road vehicles or pickup trucks being used by an owner, driver, or occupant 18 years of age or older in connection with agricultural pursuits that are usual and normal to the user’s farming operation; and provided, further, that such term shall not include motor vehicles designed to carry 11 to 15 passengers which were manufactured prior to July 1, 2015, and which, as of such date, did not have manufacturer installed seat safety belts.

(b) Each occupant of the front seat of a passenger vehicle shall, while such passenger vehicle is being operated on a public road, street, or highway of this state, be restrained by a seat safety belt approved under Federal Motor Vehicle Safety Standard 208.

(c) The requirement of subsection (b) of this Code section shall not apply to:

(1) A driver or passenger frequently stopping and leaving the vehicle or delivering property from the vehicle, if the speed of the vehicle between stops does not exceed 15 miles per hour;
(2) A driver or passenger possessing a written statement from a physician that such person is unable, for medical or physical reasons, to wear a seat safety belt;
(3) A driver or passenger possessing an official certificate or license endorsement issued by the appropriate agency in another state or country indicating that the driver is unable for medical, physical, or other valid reasons to wear a seat safety belt;
(4) A driver operating a passenger vehicle in reverse;
(5) A passenger vehicle with a model year prior to 1965;
(6) A passenger vehicle which is not required to be equipped with seat safety belts under federal law;
(7) A passenger vehicle operated by a rural letter carrier of the United States Postal Service while performing duties as a rural letter carrier;
(8) A passenger vehicle from which a person is delivering newspapers; or
(9) A passenger vehicle performing an emergency service.
(d) The failure of an occupant of a motor vehicle to wear a seat safety belt in any seat of a motor vehicle which has a seat safety belt or belts shall not be considered evidence of negligence or causation, shall not otherwise be considered by the finder of fact on any question of liability of any person, corporation, or insurer, shall not be any basis for cancellation of coverage or increase in insurance rates, and shall not be evidence used to diminish any recovery for damages arising out of the ownership, maintenance, occupancy, or operation of a motor vehicle.

(e)
(1) Except as otherwise provided in paragraphs (2) and (3) of this subsection, a person failing to comply with the requirements of subsection (b) of this Code section shall not be guilty of any criminal act and shall not be guilty of violating any ordinance. A violation of this Code section shall not be a moving traffic violation for purposes of Code Section 40-5-57.

(2) A person failing to comply with the requirements of subsection (b) of this Code section shall be guilty of the offense of failure to wear a seat safety belt and, upon conviction thereof, may be fined not more than $15.00; but, the provisions of Chapter 11 of Title 17 and any other provision of law to the contrary notwithstanding, the costs of such prosecution shall not be taxed nor shall any additional penalty, fee, or surcharge to a fine for such offense be assessed against a person for conviction thereof. The court imposing such fine shall forward a record of the disposition of the case of failure to wear a seat safety belt to the Department of Driver Services.

(3) Each minor eight years of age or older who is an occupant of a passenger vehicle shall, while such passenger vehicle is being operated on a public road, street, or highway of this state, be restrained by a seat safety belt approved under Federal Motor Vehicle Safety Standard 208. In any case where a minor passenger eight years of age or older fails to comply with the requirements of this paragraph, the driver of the passenger vehicle shall be guilty of the offense of failure to secure a seat safety belt on a minor and, upon conviction thereof, may be fined not more than $25.00. The court imposing such a fine shall forward a record of the court disposition of the case of failure to secure a seat safety belt on a minor to the Department of Driver Services.

(f) Probable cause for violation of this Code section shall be based solely upon a law enforcement officer’s clear and unobstructed view of a person not restrained as required by this Code section. Noncompliance with the restraint requirements of this Code section shall not constitute probable cause for violation of any other Code section.

Telemarketers use “spoofing” technology to contact consumers. Spoofing allows for telemarketing numbers to appear as though they are calling from a local or familiar number. This action makes it more likely that consumers will answer their calls. However, these numbers are usually fake. If you try to call that number back, it either rings and rings and rings…or simply disconnects.

Criminals use this technology in all ways. They can harass a person by calling (or texting) them repeatedly from a fake number. I have also seen cases where the person calls a school with a bomb threat, from a spoofed phone number. It is incredibly hard for law enforcement to trace that phone number back to the criminal.

The practice of “spoofing” throughout the United States is common. Now that cell phones have taken over landlines, the providers such as Google Voice and What’s App have allowed people to have as many additional numbers as they want, complaints to the Federal Communications Commission have skyrocketed with over 200,000 complaints each year. The FCC has also put together a little video that explains this worldwide problem that I’ve posted here: SPOOFING

In Georgia, State Representative Rick Williams wants to change that. He said he would introduce a bill that will allow a $2,000 fine against any business or person who provides inaccurate Caller ID information with the intent of defrauding or scamming Georgia residents. Of course, my question for Rep. Rick Williams would be how would he find the spoofers?

Let’s pretend this happens to you. The first step is to call the police and file a report. Then, the police have to investigate this number and find the original caller, who is likely outside the United States. In my opinion, this proposed law has no teeth and no incentive to even call the police. Add an incentive to report these spoofers and you got yourself a deal.

The general assembly will consider this bill in January 2020 when they meet in Georgia for its annual legislative session.

Authorities took Matthew Wolfe, Ruben Garcia, and Valorie Moser into custody. However, the primary owner of GDP has left the country and some believe him to be in New Zealand.

Twenty-two women have stepped forward with the claims that the suspects coerced and lied to them when they all answered Craigslist ads calling for models. The suspects told each woman that they would be doing pornography but that producers would release the video in other countries and through DVD only.

When each video appeared online, not only were the women in shock about the release, but they realized the GDP owners and operators also released private information. This information included social media networks where fans harassed the women and shamed them. Some of the women who have made the claims had suicidal thoughts, have withdrawn from college, and have closed all social media accounts.

Along with the sex trafficking charge, authorities also charged Ruben Garcia with the sexual assault of several of the women. All named Jane Doe, each woman has come forward with a similar story of rape by Garcia. Information from the prosecuting attorneys states that Garcia was not worried about DNA results because he was part of the ongoing GDP process.

Authorities have added the sexual assaults connected to GDP to the federal indictment. This indictment claims that Garcia “pressured them to engage in activities outside the scope of what they agreed to do, and when they protested, Garcia and others threatened them with economic repercussions.”

The indictment also claims that Garcia assaulted them before or after the filming of pornography. One of the three women involved as a key part of the federal case claimed that Garica also assaulted during filming. After she saw that her blood was on the bed from filming, she attempted to leave, saw that the lighting equipment blocked the exit, and felt as though she was not free to leave nor was she free to stop “filming.”

After the filming was over, she accepted an offer for a ride to her car from Garcia where he climbed on top of her, removed her underwear, and forced himself onto the woman without her consent.

The woman said it embarrassed her to report the incident for fear that people would find out about the video she made.

In June 2019, prosecutors filed a motion against Garcia stating that he assaulted Jane Doe Nos. 2, 11, 14, 20, 21, and 22 off-camera. This motion also alleges that Garcia assaulted others who are not plaintiffs in the case.

Brian Holms, an attorney for all Jane Does, wrote, “Garcia has no fear of his DNA being found using a rape kit because his DNA is already present by virtue of the video being filmed earlier that day or the day before.”

Matthew Wolfe, Ruben “Andre” Garcia, Michael Pratt, and Valorie Moser are all viewed as felons in the state of California. Michale Pratt, not a citizen of the United States, left in September 2019 during an ongoing civil suit and authorities believe he is back in New Zealand. No one knows if he will come back or be brought back to stand trial.

To read the indictment, click here.

The Digital Recognition Network is a privately funded network that collects billions of data for private use. In this article, let’s explore just one of the pieces of data it collects.

The DRN worked with someone to see if it could track a car by using the private companies that link their data to DRN. It turns out it tracked the car in real-time and provided photos of the car parked at its residence from a few weeks to a few years back. Each photo of the car was tracked with a timestamp and GPS coordinates.

Not only is this a matter of personal security, but this also becomes a larger question as to what would DRN need to do with all the photos they collect? Are lawyers, cops, and innocent/guilty people able to have access to this private network of data?

This private data network is used to collect license plates, and use them to find cars for paying customers. Within the last ten years, the company has hired repo men to drive around the country in unmarked cars to scan every license plate it sees.

Getting the photographs helps the repo men find cars that are marked for repossession. However, the cameras are collecting images of all the cars they pass. And these images are added to the DRN database. DRN has over 600 “affiliates” collecting data for clients, and these affiliates are paid a monthly bonus for gathering data.

While a government entity does not run DRN, law enforcement agents do have access to it. Not only that, DRN claims that it is a private surveillance company crowdsourced by repo men throughout the country and those who have installed the DRN cameras into their vehicles. All this information is available to private industries, individuals, and companies focused on people who are looking for someone or looking for a vehicle.

The kicker is to those who aren’t suspective of a crime or are behind on car payments—your information can still be in DRN’s database. When the company obtained the contract from DRN, it claimed to have more than 9 billion license plates scanned.

Currently, there is an argument about the freedom of speech (First Amendment) and the freedom to not be unreasonably searched or seized (Fourteenth Amendment). And while privacy activists argue for the Fourteenth Amendment, DRN claims that if they aren’t allowed to continue their services, the First Amendment rights will be violated.

My firm uses the most modern pieces of technology to win cases, including using the DRN to find a witness, present an alibi defense, or explore additional defenses. From the lowest-paying client to the highest paying client, everyone has the ability to win with a great lawyer who knows how to use technology.