As stated eloquently by Supreme Court Justice Robert Jackson, “Any lawyer worth his salt will tell the suspect in no uncertain terms to make no statement to the police under any circumstances.” 
I didn’t have a real weapon, just a toy: Even if you used a toy gun, you could be guilty of armed robbery. The Court looks at whether it was a believable replica and if it was, you will still be charged with armed robbery.
In 2006, the Court found a defendant guilty of armed robbery where he threatened the victim with a knife and took money from him. The defendant threatened the man with a knife and then threw the knife on the bed. While the defendant admitted holding a knife in his hand, he argued that since he never harmed the victim, he was not guilty of robbery. The Court found that the defendant’s threats and demands were sufficient to establish the element of intimidation and that he did not have to actually harm the victim to be guilty. By testifying to the threats and holding a knife over him, the victim satisfied the requirements, and the defendant was convicted.
Georgia Courts have gone back and forth through the years as to what constitutes an offensive weapon as well as if replica or toys can be considered offensive weapons. After years of debating, it has been established that an offensive weapon includes not only weapons which are offensive per se, but also embraces other instrumentalities not normally considered to be offensive in and of themselves but which may be found by a jury likely to produce death or great bodily injury depending on the manner and means of their use. 
If you or a loved one has been charged with Armed Robbery in Georgia, we can help. While robbery is primarily taking the property of another from that person; armed robbery means that you used a weapon during the taking. Armed Robbery is considered a serious violent felony in Georgia. The offense of robbery by intimidation is a lesser-included offense of the crime of armed robbery.
Georgia has eight statutory sexual abuse charges on the books which are used to prosecute age of consent and child abuse related crimes within the state. One or more of these charges may be used to prosecute violations of the Georgia Age of Consent, as statutory rape or the Georgia equivalent of that charge.
Major Traffic Violations
Under Georgia CDL law, a major violation results in a one year suspension of your CDL on the first offense and a permanent disqualification on the second offense. Major violations include:
- DUI or a BAC greater than 0.04 when driving a commercial vehicle
- Driving under the influence of a controlled substance
- Refusing a field sobriety test/alcohol blood testing
- Leaving the scene of an accident involving a CMV(commercial motor vehicle)
- Committing a felony with a vehicle
- Driving with a suspended CDL or revoked CDL
- Causing a fatality through negligent driving
- Driving a CMV(commercial motor vehicle) under the influence of alcohol
Serious Traffic Violations
Receiving two serious traffic violations while driving a commercial vehicle within three years can result in a 60 day suspension, and a third within 3 years results in a 120 day suspension. Serious traffic violations include:
- Speeding greater than 15 MPH over the posted limit
- Reckless driving
- Improper lane changes
- Following too closely
- Violation leading to a fatal accident
- Not having a valid CDL for the type of vehicle being driven
If you have a CDL and receive a ticket in Georgia for any of the following, we can help you fight/fix the ticket! We have successfully resolved hundreds of tickets for commercial drivers, protecting their MVR and saving their CDL from heavy points and/or license suspension.
- Speeding(15 mph or more above the posted limit)
- Georgia Super Speeder Violations
- Following Too Closely
- Reckless or Careless Driving
- Wrong Lane
- Overweight
- Failure to obey traffic control devices
- Failure to stop
- Illegal Turn
- Equipment
- Off Truck Route
- Improper lane changes
- Operating a commercial vehicle without your CDL in your possession
- Careless driving
- Driving a rig without the proper endorsement.
Many violations have potential defenses or can be negotiated down to a type of violation that will not lead to a CDL suspension. Often, we can handle this for you without you having to take time off from your job to go to a far away courthouse.
When an individual commits the crime of false pretenses, they misrepresent a fact in order to acquire someone else’s property. Obtaining property through false pretenses is a crime, punishable in most states by fines and imprisonment. While state laws vary in defining this crime, the general idea is the same: to be found guilty of false pretenses, the prosecutor must show that the individual acquired the property at issue by intentionally misstating a fact. This means that if an individual obtains another’s property by stating a fact that they mistakenly believe to be true, they have not committed the crime of false pretenses. Depending on the state statute, the property acquired by false pretenses can include tangible property, like a car or house, and intangible property, such as information that has been obtained.