The statute reads as follows:

It shall be unlawful for any driver of a vehicle willfully to fail or refuse to bring his or her vehicle to a stop or otherwise to flee or attempt to elude a pursuing police vehicle or police officer when given a visual or an audible signal to bring the vehicle to a stop. The signal given by the police officer may be by hand, voice, emergency light, or siren. The officer giving such signal shall be in uniform prominently displaying his or her badge of office, and his or her vehicle shall be appropriately marked showing it to be an official police vehicle.

The prosecutor was not able to prove the last part of the statute – that the officer who signaled Chambers to stop was “in uniform prominently displaying his or her badge of office,” as required by OCGA § 40-6-395 (a).

Facts

Jerry Chambers was involved in a high-speed police chase in Savannah, Georgia. Eventually, the car crashed into another vehicle at an intersection, killing three people.

At trial, the prosecution presented evidence that Chambers was the driver of the car at the time of the crash. The jury ultimately found him guilty of multiple counts, including felony murder predicated on fleeing or attempting to elude a police officer.

Analysis and Conclusion

A key issue on appeal was whether the State had proven that the officer who attempted to stop Chambers was in uniform and prominently displaying a badge, as required under Georgia law. The Supreme Court of Georgia found:

1. There was no testimony put forth by the prosecutor that the officer who was involved in the car chase was wearing a uniform or had his badge prominently displayed.

2. Although there were a bunch of officers on scene (as shown through body cameras), there was no testimony that any of those officers were involved in the chase, or whether they just came to the scene after the crash.

3. Some of the officers on the scene weren’t wearing uniforms and were in plain clothes. There is no way to tell who was the officer that was pursuing Chambers during the chase.

The Supreme Court of Georgia found that the State had failed to prove this element beyond a reasonable doubt. As a result, the court reversed Chambers’s felony murder convictions that were based on fleeing and eluding.

Key Takeaway:

Prosecutors have a requirement to prove every element beyond a reasonable doubt. And they must prove the elements in the statute in order to obtain a conviction.

Chambers v. State can be found here.

The podcast on this issue can be found here.

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.

Flores-Avila was initially convicted. The victim accused him of sexually abusing her over several years. There was no physical evidence to corroborate her testimony. During the trial, the victim’s mother testified that her daughter “doesn’t lie” and was “telling the truth” about the allegations against Flores-Avila.

The Court of Appeals determined this to be improper bolstering of the victim’s credibility. The Court further ruled that the improper bolstering likely affected the outcome of the trial due to the lack of corroborating evidence. As a result, the Court reversed Flores-Avila’s convictions and remanded the case for a new trial.

The law at issue in this case was: O.C.G.A. § 17-3-2.1 and “What is forbidden is … testimony that directly addresses the credibility of the victim, i.e., ‘I believe the victim; I think the victim is telling the truth.’” Anderson v. State, 337 Ga. App. 739, 748 (3) (c) (788 SE2d 831) (2016) (citation and punctuation omitted).

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.

The Second Amendment and Domestic Violence: An Overview

The Second Amendment says:
“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

But its interpretation has been contentious, especially regarding individuals convicted of domestic violence or under protective orders. Currently, federal law – 18 U.S.C. § 922(g)(8) – prohibits such individuals from possessing firearms, raising questions about the balance between constitutional rights and public safety. Does the Second Amendment allow for such an exception?

The Rahimi Case

Rahimi challenges these restrictions, arguing that they infringe upon Second Amendment rights. The case, which stems from the Fifth Circuit’s declaration that the statute is unconstitutional, has garnered significant attention, with various organizations submitting amicus briefs to the Supreme Court.

The case revolves around whether federal statutes that restrict gun possession by individuals involved in domestic violence cases align with the Second Amendment.

Potential Implications

The outcome of Rahimi could redefine the limitations placed on firearm possession in the context of domestic violence. It questions the extent to which the government can impose restrictions based on past behavior and legal orders, potentially impacting individuals accused of domestic violence who have not been convicted of a crime.

Conclusion

As the Supreme Court deliberates on Rahimi, its decision will likely have profound implications for the intersection of the Second Amendment and domestic violence laws. This case could either affirm current restrictions on firearm possession or challenge them as unconstitutional, setting a new precedent for how the nation navigates the delicate balance between individual rights and public safety. Stay tuned for updates on this landmark case, and consider the deep legal and social ramifications it holds for the United States. The case was argued in the Supreme Court in 2023 and we are still awaiting a decision as of April 2024.

RESOURCES:

My Youtube Video!

Oyez
Amicus

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/

DUI checkpoints are common in Georgia, aimed at deterring drunk driving and ensuring road safety. However, being stopped at a checkpoint can be intimidating and confusing for drivers. Understanding your rights and responsibilities can help you navigate these situations confidently. This blog post aims to shed light on the subject, providing essential information to navigate DUI checkpoints confidently.

Understanding DUI Checkpoints

DUI or sobriety checkpoints are temporary traffic stops where law enforcement officers check drivers for signs of impairment. These checkpoints are typically set up in areas with a history of alcohol-related incidents or during special events where the likelihood of drunk driving may increase.

Your Rights at DUI Checkpoints

As a driver, you must know your rights when encountering a DUI checkpoint in Georgia. While DUI checkpoints are legal, law enforcement must follow specific guidelines to conduct them lawfully. Your rights at a DUI checkpoint include the following:

• The right to remain silent: You can remain silent during the encounter. You are not required to answer questions beyond essential identification and documentation.
• The right to refuse field sobriety tests: Field sobriety tests are not mandatory, and you can respectfully decline to participate in them. These tests are subjective and may not always accurately determine impairment.
• The right to refuse a preliminary breath test (PBT): If you are over 21, you can refuse a PBT without legal consequences. However, it’s essential to note that refusing a PBT if you are under 21 years old may result in a license suspension.
• The right to consult an attorney: If you feel uncertain about your rights or need legal advice, you can consult an attorney before answering any questions or submitting to further testing.

Responsibilities at DUI Checkpoints

While understanding your rights is crucial, being responsible and cooperative at DUI checkpoints is equally essential. The following are some important responsibilities you should adhere to:

• Comply with officer instructions: Stay calm and follow the instructions given by law enforcement officers at the checkpoint. Refusing to cooperate or becoming confrontational may lead to legal issues.
• Provide identification and documentation: Always carry your driver’s license, vehicle registration, and proof of insurance when driving. Present these documents when requested by the officers.
• Be respectful and courteous: Treat law enforcement officers respectfully and courteously during the encounter. Remaining calm and cooperative can help the process go smoothly.

Consequences of DUI Checkpoint Arrests

You must know the consequences of being arrested at a DUI checkpoint for impaired driving. Georgia has strict DUI laws, and a conviction can lead to severe penalties, including fines, license suspension, mandatory DUI education programs, and even jail time. Additionally, a DUI conviction can impact your personal and professional life.

Seeking Legal Representation

If you face DUI charges after a checkpoint arrest, seeking legal representation is crucial. A skilled DUI defense attorney from Richman Law Firm can help you understand your options, build a strong defense, and protect your rights throughout the legal process.

Navigating DUI checkpoints in Georgia can be nerve-wracking, but understanding your rights and responsibilities is critical to a smooth encounter. At Richman Law Firm, we are dedicated to providing you with the information and legal representation you need to protect your interests. Remember, cooperation and respect are essential during DUI checkpoints, and seeking legal advice promptly can make a significant difference in the outcome of your case. Stay informed, stay safe, and know that we are here to help you every step of the way.

Contact Richman Law Firm today, and let us fight for your rights!

Simple Possession vs Possession with Intent: What’s the Difference?

Simple possession refers to the possession of a controlled substance for personal use. This means that you have the drug on your person or in your immediate possession, but you don’t have any intention to distribute or sell it. Possession with intent, on the other hand, refers to the possession of a controlled substance with the intention to distribute or sell it. This can include having a large quantity of drugs, packaging materials, or other evidence that suggests you were planning to sell the drugs.

Penalties for Simple Possession vs Possession with Intent

The penalties for simple possession and possession with intent can vary significantly depending on the circumstances of your case. Simple possession is typically considered a misdemeanor offense and can result in fines, probation, and even short-term jail time. Possession with intent, however, is considered a felony offense and can result in much more severe penalties, including lengthy prison sentences and significant fines.

Tips for Navigating the Legal System

If you’re facing drug charges in Georgia, it’s important to take the situation seriously and seek legal representation as soon as possible. A criminal defense attorney can help you understand your rights and options and develop a strong defense strategy.

Here are a few additional tips to keep in mind:

• Don’t talk to law enforcement without an attorney present. Anything you say can be used against you in court, so it’s important to exercise your right to remain silent until you have legal representation.
• Gather evidence to support your defense. This could include witness statements, video footage, or other evidence that supports your version of events.
• Be honest with your attorney. Your attorney is there to help you, but they can only do so if you’re honest and upfront with them about the details of your case.
• Consider your options carefully. Depending on the circumstances of your case, you may have options for plea bargaining or other strategies that can help you avoid the most severe penalties.

By working with an experienced criminal defense lawyer and following the tips outlined in this blog post, you can navigate the legal system more effectively and increase your chances of a favorable outcome.

If you need assistance with drug charges in Georgia, don’t hesitate to contact the Richman Law Firm for help.

Step 1: Sign in with your Google account. This is the same account that you use to sign in to Google Maps.

Step 2: Scroll down the list of available Google services and locate “Maps” or “Google Maps.”

Step 3: Click the three lines on the top left. Then, click “your data in maps.”

Step 4: Scroll down and click “Download my maps data.” Then, click and check all the boxes available.

Step 5: Once you have selected the desired options, click on the “Next” button to proceed.

Step 6: Choose the file type and size for your download. You can select between ZIP files, TBZ files, or a link to download the data directly to your Google Drive.

Step 7: Click on the “Create export” button to initiate the data export process.

Step 8: You will receive an email notification from Google when your export is ready. This can take a few minutes or longer, depending on the size of your data.

Step 9: Once you receive the email, click on the provided link to download your Google Maps data.

Step 10: Extract the downloaded ZIP or TBZ file, if applicable, to access your data. You will find various folders containing your saved places, reviews, and other data in a structured format.

Step 11: You can now view, edit, or backup your Google Maps data as needed!

Downloading your Google Maps data can be useful for creating backups, accessing your saved places offline, or transferring your data to another device. Remember to always handle your personal data securely and protect it from unauthorized access.

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.

Cannabinoids are naturally occurring compounds found in the Cannabis sativa plant that interact with the body’s endocannabinoid system (ECS). You’ve probably heard of the two most famous cannabinoids, delta-9-tetrahydrocannabinol (THC) and cannabidiol (CBD). There are hundreds of different compounds in cannabis, but only some of them are classified as cannabinoids. Other cannabinoids that are beginning to get recognition from the public include delta-8 THC, CBG, CBN, and THCA.

Cannabinoids and their ratio in a cannabis product can produce different effects on consumers. Researchers are beginning to uncover the fact that when it comes to user experience and treating certain conditions with medical cannabis, terpene and cannabinoid profiles are far more important than whether a strain is sativa or indica.

Let’s explore the three most well-known cannabinoids, what they are known for, and the differences between them.

Delta-9 THC

Up first is probably the most famous cannabinoid of all time–delta-9 THC, or THC for short. Think of this as classic THC. This is the THC you heard about in health class growing up. This phytocannabinoid is famous for its psychoactive effects, or “high,” it produces when consumed. The effects of delta-9 THC are usually increased appetite, elation, relaxation, talkativeness, and laughter. Consuming delta-9 THC at high levels has also been linked to negative side effects, such as paranoia or anxiety.

There is research to support that delta-9 THC has the potential to treat a wide range of medical conditions. The strongest evidence exists for analgesia (pain relief), nausea and vomiting, and some neurological disorders, such as multiple sclerosis (MS).

CBD

Cannabidiol (CBD) is psychoactive in the sense that it can influence mood (e.g., reduced anxiety), but unlike THC it does not produce a high or altered mental state when consumed. It is often sold in the form of tinctures that are administered sublingually. However, with the passage of the 2018 Farm Bill and the expansion of the CBD market, you can now find CBD in almost all forms, including flower, edibles, and concentrates. There are a few different types of CBD, including CBD isolate (which contains only CBD and no other cannabinoids), broad-spectrum (which contains all the cannabinoids naturally present in the cannabis plant minus THC), and full-spectrum (which contains all of the cannabinoids, including THC).

CBD has been studied extensively for its analgesic, anxiolytic (anxiety-reducing), and anti-inflammatory properties. CBD is a powerful antioxidant more potent than both vitamin C or E. Research is still in its infancy, but there is powerful evidence that CBD possesses medicinal properties that could help patients with a variety of different medical conditions.

Although it does not produce a feeling of intoxication, consuming CBD can make the user experience a heightened sense of relaxation, drowsiness, dry mouth, and decreased appetite.

Delta-8 THC

Delta-8 THC is a phytocannabinoid produced by cannabis and hemp plants in small amounts. It is a common misconception that delta-8 THC is a synthetic, or man-made, cannabinoid. The delta-8 THC products you see at the store are not made of a synthetic cannabinoids like the synthetic marijuana pharmaceutical product dronabinol or the dangerous street drug K2/Spice.

Delta-8 THC does occur naturally in the cannabis plant, but since it only occurs in small amounts, scientists have found a way to extract more of it from CBD through a process called isomerization. The passage of the 2018 Farm Bill allowed CBD and therefore delta-8 products to flood the market due to its legalization and regulation of hemp.

Delta-8 THC produces some of the same effects as delta-9 THC, including heightened relaxation and increased appetite. It produces a less potent high than delta-9 THC as well as greater focus and energy levels.

Although researchers are just beginning to study the medical benefits delta-8 THC may have for patients, there is already evidence that it may help relieve nausea and vomiting, stimulate appetite, and help with seizures.

Differences Between CBD, Delta-9 THC, and Delta-8 THC

Now that we have covered all the specifics of delta-9 THC, delta-8 THC, and CBD, let’s briefly review the differences between them.

Delta-9 THC produces the most intense high, or feeling of intoxication. Similarly, delta-8 THC also produces a high, though it is less potent. CBD does not produce a high when consumed. Both delta-8 and delta-9 THC can help stimulate appetite, while CBD taken in isolation may decrease appetite.

A consumer may experience negative effects when consuming delta-9 THC, such as paranoia or anxiety due to the potent high. However, these negative side effects are less likely to occur when consuming delta-8 THC due to its less potent high. CBD has anxiolytic properties that decrease the likelihood of you experiencing any negative effects like those mentioned above.

Delta-8 and delta-9 THC will show up on a drug test, but CBD isolate will not. It’s important to note that if you consume broad-spectrum or full-spectrum CBD, it’s possible that it may show up on a drug test because it contains all the other cannabinoids.

Finally, the legality of each of these cannabinoids differs. CBD and delta-8 THC are technically legal under the Farm Bill. However, there is some gray area surrounding delta-8 THC in particular. Some states have outlawed delta-8 THC due to the unregulated nature of the market in the name of consumer safety. Delta-9 THC is legal in states that have a recreational or medical cannabis program for adults or patients registered with the state.

The Georgia State Senate passed a final version of the gun law 34-23 on party lines.

Thanks to SB 319, individuals wanting to carry a concealed weapon don’t need to get a license from their local probate court or sheriff’s office. They don’t have to get their fingerprints taken, pass a background check, and pay an application fee of up to $75 anymore.

Georgia Senate Passed Senate Bill 319, Allowing Georgians to Carry Weapons Without Permits

With SB 319, law-abiding Georgians do not have to obtain a concealed carry license. SB 319 allows a “lawful weapons carrier” to carry a concealed handgun throughout areas where license holders are permitted. It means guns are still prohibited in airports and government buildings.

A background check is still required when purchasing a handgun from a store or dealer.

SB 319 is also known as “constitutional carry.” Law-abiding Georgians can now defend themselves without obtaining permission from the state government.

Georgia now joined the ranks of over 20 other states that allow people to carry weapons without a permit.

According to state data, a small number of Georgians apply for permits every year, and only a fraction are turned down.

In 2020, more than 280,000 permits were issued, with around 5,300 rejected, the majority of them for criminal history.

It is still possible to carry long guns without a license.

Possession of Firearms by Minors and Convicted Felons with a Criminal History

If convicted of certain crimes or are facing charges, it is illegal to own guns. The same applies if mental health problems exist or if an individual was unwittingly hospitalized in the last five years.

Federal law also prohibits people who use drugs illegally and those convicted of domestic violence crimes.

House Bill 218 – Interstate Gun Carry & Permit Holders From Other States

Governor Kemp also signed a companion bill (HB 218) expanding reciprocity for gun owners in the state. Georgians will still be able to get concealed-carry permits to take advantage of interstate agreements allowing firearm transportation.

Concealed carry permit holders from other states can also carry in Georgia. HB 218 protects individuals permitted to carry weapons in another state from being penalized or fined here in Georgia.

HB 218 now recognizes permits granted by other states to non-Georgians. The amendment ensures that individuals who move between states are not left unprotected. It also applies to tourists to Georgia.

HB 218 also forbids officials from suspending or restricting Second Amendment rights during declared states of emergency. This includes seizing firearms, limiting gun carrying, or discriminating against gun stores.

The state licensing procedure will stay in place. This allows Georgians to take advantage of gun carry “reciprocity” with other states to permit firearm owners to conceal their weapons in states that grant the same rights.

Before the Passing of SB 219

Until this Bill, residents needed a Weapons Carry License (WCL) to carry a concealed weapon in public. They could still carry rifles and shotguns without a permit and carry unloaded guns in cases.

Beyond the previous checks, applicants had to pass a criminal background check, pay an average fee of $75, and submit their fingerprints.

History of Gun laws in Georgia

• Georgia became a “Stand Your Ground” state on July 1, 2006. It no longer had an obligation to retreat before using deadly force in self-defense.
• On June 8, 2010, Governor Sonny Perdue signed Senate Bill 308. It revised and clarified several of Georgia’s gun laws.
• On April 23, 2014, Governor Nathan Deal signed House Bill 60 (the Safe Carry Protection Act). The Safe Carry Protection Act modified many existing gun rules. It would change many prior gun legislation.
• In 2017, the Georgia legislature passed HB 280. It would permit concealed weapons license holders to carry on public college campuses.

In Conclusion

There has been widespread concern for safety among Georgia residents due to a spike in violent crime in Georgia and across the country.

Residents don’t have to carry if they don’t want to, but now they don’t need a government-issued piece of paper to carry a weapon lawfully under Georgia Law.

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.

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

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.