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.

What is Title IX?

• Title IX is a federal law that protects students from being discriminated against based on sex. Schools and students are using it at record speed to combat sexual assault, sexual misconduct, and sexual violence on campus. You may hear these terms referred to as dating violence, domestic violence, and sexual or physical abuse on campus.

• The actual law states, “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

• So, if educational institutions are receiving federal funding to operate (most of them do, particularly public universities), then they must protect students from sexual harassment or assault.

When does a Title IX case start?

A Title IX case starts when one student says they were sexually harassed or assaulted (touched without consent, sex without consent, etc.) Every school would have a Title IX office (I’ve put a link to some of these at the end of the blog post). The school has a Title IX Coordinator who assigns an investigator that looks into the charges. The investigator would reach out to both students and ask for a statement and corroborating evidence of the nonconsensual touching.

Is there a Title IX Georgia Sexual Assault policy at my school?

Yes, but your school’s policy is likely different than another school’s policy. It is important to read the policy (or, better, let your lawyer help you). Here is an example of a Title IX policy from the University of North Georgia in Dahlonega (as of December 24, 2021; policies change all the time, so it is important to keep up with the changes).

What are the upcoming changes?

Generally, the Title IX policies change with every President. The rules either benefit the Complainant–who is the person who was touched without consent–or benefit the Respondent–the person who claimed they did nothing wrong and the sexual act was consensual. Recently, the rules changed to allow students to have their advisor/lawyer ask the Investigator and Complainant questions and prepare a defense. The standard of proof was also raised to be a bit harder to prove a student committed the act. There were also not many remedies for transexual, bisexual, and other classes of gender in the rules under the President Trump administration. I expect the policies to broaden the remedies in that area.

The final revisions of the new Title IX code should be done by April 2022.

Call me as soon as you receive a letter from the school!

Title IX cases are incredibly complicated and can affect a student’s status in school. For example, a student found at fault in a Title IX case can be suspended or expelled. There may also be (and usually is) a criminal investigation conducted parallel to the Title IX case. Most of my clients accused of Title IX wrongdoing are also under law enforcement investigation. Please get in touch with me as soon as you receive a letter from the University. I can respond for you and defend your rights under Title IX and the Student Code of Conduct.

I made an old video during the COVID pandemic that provides a basic understanding of Title IX in Georgia.

University of North Georgia – Title IX Office

University of Georgia – Title IX Office

Kennesaw State University – Title IX Office

Georgia Tech University – Title IX Office

Emory University – Title IX Office

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.

One of every 18 Georgians is on probation. This equates to more than 200,000 people on probation in the state. Despite efforts for reform in 2017, Georgia still has more citizens on probation per capita than any other state. To complicate matters more, Georgia doesn’t have a cap for probation sentences, leaving some individuals sentenced to probation for decades. But there is hope on the horizon.

GA SB105

GA SB105 passed the Georgia Senate on February 25, 2021. It is now in the House with a favorable outcome expected. Sen. Brian Strickland sponsored the bill as part of a bipartisan task force. Criminal justice reform became a focus in 2017 when Gov. Nathan Deal backed reform that has successfully reduced the number of incarcerations. The flip side is that those who would have been incarcerated are now facing probation sentences that provide multiple barriers to becoming productive members of society.

Why is SB105 needed?

Beginning a new path of productive citizenship while on probation starts with finding employment. Employers aren’t quite as willing to take on an employee subject to having a probation officer stop by to ensure compliance with probation requirements. Even when employment is found, fines continue for as long as probation does, with felony probation costs being at least $32 per month and misdemeanor probation a minimum of $35 per month. Probation may be due to minor traffic offense fines an individual can’t afford to pay. Long-term probation sentences make it even less likely they will have the ability to pay and may lead to revoked probation. The cycle is played out over and over again.

How will SB105 help?

This bill would make the process simpler for offenders with an original sentence of less than a year in prison. GA SB105 would also make all Georgians who have served three or more years of probation with no new offenses and all fines paid automatically eligible to exit probation with approval of their case by a judge. As many as 48,000 people could become eligible to end their probation with the passage of this bill. Since 2017, there have only been approximately 200 people in the state of Georgia to complete their probation sentences. The goal of SB105 is to shorten the amount of time low-risk offenders are on probation and make the time on probation supervised more effectively for a more positive outcome.

AJ Richman understands that your case is unique, and your defense team’s actions speak louder than words. Contact Richman Law Firm for a consultation of your case.

Unlike ordinary court where all you needed to do was show up in court for the hearing, there is a lot more preparation needed for remote court hearings.

Here are a few tips for a successful virtual hearing:

1. Dress the Part

If you are a lawyer, you must still dress the part — well, at least from the waist upwards. Your suit must be just as good as the one you would put on during a regular hearing in court. Sloppiness is absolutely not permissible just because it is a virtual hearing.

2. A Good Set of Headphones

Most people wonder why they have an echo problem during a virtual meeting. A good set of headphones will get rid of any bounce-back sound since the output will be channeled into them. Using a speaker alone will give you the echo issue that is annoying to everyone participating in the hearing.

3. A Stable Internet Connection

Ensure that your internet connection is stable and won’t kick you out of the virtual meeting room. A good internet connection will also not lag causing you to miss out on sections of the hearing. Additionally, always schedule the meeting link and join earlier in a waiting room, which most virtual meeting software should have.

4. Make Sure All Your Devices are Charged to Last the session

There isn’t much more to add to this last point. A low battery on your laptop is not a good way to show up for your remote hearing.

Finally, you should find a really quiet space in your house or office for the session. It is essential that you avoid all kinds of distractions and interruptions even if it means taping a sign to your door to communicate you are busy. Finally, feel free to contact us for more information on hearings and representation.

Thankfully, Georgians have some control over the fate of their mugshot! You may be able to have it removed free of charge. We are here to help you with everything you need to know.

Your Privacy Is at Risk

In today’s world, we live on our devices. We can put in a Google search of our name and see photographs from friends and family, links to our social media, and more. It is all out there for the world to see. Businesses take advantage of this. Some potential employers may look to see what type of stuff you have posted under your name. A mugshot that is easily visible could damage your reputation.

This is where criminal record websites get you. No one wants a mistake that didn’t even result in actual charges to give them a bad reputation. Most of us want it removed as quickly as possible.

How to Get Mugshots Removed from the Internet?

Effective May 6, 2013, if you meet certain criteria, it is possible for you to remove that mugshot from the internet with relative ease and often for free. Some criteria include:

• Expungement of Arrest Charges
• Statute of Limitations Expired Before Indictment
• Dismissal of Case
• Acquittal
• Probation Terms and Conditions Met

This is not an all-inclusive list. It is recommended that if you are unsure of whether you meet the criteria or not, you reach out to someone to discover your rights.

The Steps You Need to Take for Removal of Mugshot

If you are able to get it removed, you MUST request, in writing, that the company remove your mugshot. The correspondence must include:

• Your Name
• Date of Birth
• Date of Arrest
• Arresting Law Enforcement Agency

Unsure what to write? Here is a mugshot removal letter sample.

It should be sent using certified mail with a return receipt requested or statutory overnight delivery to the business that has published your mugshot. This is very important, because that company will have 30-days from the date of delivery to remove it. If they fail to do so, you can submit a complaint against that company, because they are violated the Georgia Fair Business Practices Act.

We know your privacy matters. If you need any help with the process of getting your mugshot removed from the Internet, we can help. You can contact us and someone will be available to answer your questions or concerns.

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!

Customers in the area can buy alcohol from bars, restaurants, grocery stores, apps and a number of package and retail stores but proof of ID is required at the door when the delivery guy shows up. The bill was passed in June 2020 but legislation does not include Georgia’s breweries and distillers.

The Department of Revenue is expected to draw up the measures and guidelines needed for businesses to be in compliance with the law, which means retailers will have to be patient for a few months. Being able to provide an alcohol delivery service is a worthwhile additional source of revenue for bars and restaurants grappling with the coronavirus pandemic.

In regards to how alcohol delivery to homes will work for consumers, the bill requires people to accept deliveries in person, be at least 21 years old and have appropriate identification. Local municipalities are at liberty to determine the businesses that will deliver alcohol, comparable to the Brunch Bill of 2018 that had a provision for opting out of selling alcohol from 11am on Sundays.

FAQ

Can a package store or grocery store provide online sales for alcohol with curbside pickup or delivery?
Yes, package stores, grocery stores and other alcohol retailers that do not sell alcohol for consumption within the premises are allowed to provide alcohol sales online for curbside pickup or delivery.

Will customers need to be present when orders arrive?
Yes, deliveries can only be received in person for the purpose of verifying identity and age.

As the new law gathers momentum, businesses will enjoy more flexibility in terms of pickup areas and curbside pickup services to meet their customers’ needs. Please get in touch with Richman Law Firm if you need advice or have any inquiries.

Under this Act, businesses cannot be held legally responsible for damages that involve COVID-19 claims if the claimant is unable to show that the businesses’ actions consisted of gross negligence. This claim broadly covers potential exposure, exposure, infection or transmission of the virus at any entity’s premises or healthcare facility.

The Act does not give businesses protection from disregarding health and safety standards in actions involving COVID-19 liability claims. If an entity intentionally exposes or infects someone or fails to follow State safety procedures, a claimant can seek legal redress. Additionally, The Act does not stop a person from filing a lawsuit. It creates the rebuttable presumption of risk of ailments related to COVID-19 if the business was in compliance with the law. Covered businesses and individuals can invoke this defense by posting a sign at the entry of their premises with the following information:

Warning

Under the Law of Georgia, the entity will not be liable for the injury or death of a person entering the premises if such injury or death occurs as a result of the inherent risks of being exposed to COVID-19. You assume this risk when you enter the premises.

Property owners or businesses may also include a statement on any ticket or receipt in connection with attendance or entry placed aside from other text that states the following:

Any individual entering the premises waives liability against the owner and operator of the premises for any injuries resulting from the inherent risk linked to contracting COVID-19 in public, unless there is proof of gross negligence by the entity or person of the premises.

Placing such warnings properly at the entrance of premises means that any individual will have assumed the risk of being exposed to COVID-19 upon entering the premises. If you have any questions or concerns, please consult Richman Law Firm.

A particular legislator said he wanted to bring a $200 million dollar resort and casino to Columbus, Georgia. The resort would include sports betting and horse racing, among other things. There are discussions to bring a bill to pass and legalize gambling in 2020. Some Legislators believe legal gambling can bring in a billion dollars to Georgia.

What will your vote be?

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.

First, and probably the biggest change, is in reference to a landlord-tenant issue that arises out of a family violence crime and order. Under the new law, “a tenant may terminate his residential rental or lease agreement 30 days after providing the landlord with a written notice of termination when a family violence order or criminal family violence order has been issued.”

For example, let’s say a husband and wife rent an apartment. The husband is arrested for hitting his wife. His wife takes out a civil family violence order (also known as a TPO: Temporary Protective Order) because she is scared of him and wants to move out. Under this new law, his wife can provide a 30-day notice to the landlord, regardless how far into the lease she is, and move out of the apartment without paying further rent or termination costs.

The second change in the law applies to Respondents (those are the people whom are alleged to have caused the violence to the Petitioner) that delay being served with a copy of the family violence order. For example, they do not answer the door when the police try to serve the order, or they leave the State of Georgia to avoid being served with the order. Unfortunately, there are hard time deadlines that apply in family violence cases, and as of now, the order would typically have to be dismissed resulting in the Petitioner not having any protection against an alleged abuser. However, as of July 1, 2018, the judge has the power to delay the dismissal of a petition for an additional 30 days if he finds the Respondent is delaying a hearing by avoiding service.

Sometimes it can be tough to serve a Respondent after they are out of jail with a family violence order. They may run, hide, or just simply not answer the door for law enforcement. In some circumstances, since they are no longer allowed to be at their house due to bond conditions in a criminal case, they may be living somewhere that law enforcement cannot find. It is up to the attorney representing the Respondent to make that known if and when is the client gets served with a petition.

The new law goes into effect on July 1, 2018. There are many more changes. Please contact Richman Law Firm if you have any questions or need advice.

Once Governor Nathan Deal signs the order (which he is expected to), drivers may not do the following with their cell phones:

1. Drivers may not hold their phones. And by “hold,” the phone cannot be supported by your shoulder, by your leg, or by any other part of the body.
2. Drivers may not write, send, or read text messages, instant messages, emails, or internet data.
3. Drivers may not “reach for” their phones, if it requires getting out of the seat.
4. Drivers may not watch a video or movie.
5. Drivers may not record a video.

It seems crazy that 1) drivers can do any of the above while operating a two ton piece of machinery driving 55 miles per hour and 2) it has taken Georgia this long to implement this bill. (I would love to question the driver who is caught doing #4).

Now, the exceptions. Here is what you CAN do (according to the law):

1. You can hold your device if using a GPS system or mapping app.
2. You can hold your device if you are reporting an accident, emergency, fire, crime, or road condition.
3. You can use your device if you are “lawfully” parked…but this means you are off the road in an area for parking.

So for all you “I only text while at red lights,” consider this blog entry a warning that you cannot do that anymore.

The punishment will be fines, fees, and points.