Being investigated for or charged with embezzlement is a serious situation with far-reaching implications. As such, you’ll need to work with someone who understands the intricacies of the laws governing embezzlement. We are dedicated to protecting our clients’ rights. We take very seriously each clients’ right to a fair trial and the fact that each and every individual we represent is innocent until proven guilty beyond all reasonable doubt.
Navigating Georgia Child Restraint Laws
Sunday, 15 September 2019
Under Georgia law, your child must wear a seat belt at all times when traveling in a motor vehicle, if he is between the ages of 8 and 18 years and is 4 feet 9 inches tall or more. A child younger than 8 or under 4 feet 9 inches tall must ride in the child car seat or booster seat that is appropriate for her size and age.
Your child should follow the Georgia seat belt laws and always wear the correct child safety restraint device (seat belt, car set, or booster seat) at all times whenever riding:
- With any member of your household;
- With anyone who is not a member of your household; and
- In a school bus or on public transportation.
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- Published in Criminal, Criminal Defense, Family, Personal Injury
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Georgia Hit And Run Laws (Part 1)
Monday, 09 September 2019
How Georgia Law Defines a Hit and Run Accident
The law states that drivers have a duty to stop or return to the scene of the collision. If the crash results in injury or death, the driver must immediately stop at or near the scene of the accident. A failure to do so would constitute as a hit-and run.
Besides stopping at the scene of an accident, drivers must provide certain types of information:
- name;
- address; and
- registration number of the vehicle driven.
And if requested by the driver or an occupant of the vehicle involved in the collision, drivers must provide their driver’s license number.
Drivers must render aid to anyone injured in the crash. This generally includes call 9-1-1 and requesting emergency services to transport the injured individual to the hospital.
Penalties in a Georgia Hit and Run Accident
Drivers face a misdemeanor charge for a hit and run, as long as no one suffered serious or fatal injuries. Fines can range between $300 and $1,000. It’s also possible to face up to 12 months imprisonment. With regard to his/her license, it could also include a stay, suspension or probation.
Drivers who leave the scenes of accidents that result in serious or fatal injuries face felony charges. Imprisonment could be from one to five years.
Of course, if the driver is caught, the injured victim or the victim’s family could also pursue legal action against the hit and run driver. To protect a future claim, it’s important to know what to do after a hit and run accident in Atlanta.
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- Published in Automobile Accident, Criminal, Criminal Defense, Felony, Personal Injury
What is a Vehicular Manslaughter Charge in Georgia?
Tuesday, 03 September 2019
Vehicular manslaughter (also known as vehicular homicide) can be either a misdemeanor or felony charge depending on the circumstances of the accident, but either charge could result in jail time or prison, fines, parole, probation and driver’s license loss. The death of an individual in a traffic accident is tragic, but your actions and rights deserve defense. And, you need aggressive defense in the face of a serious criminal charge.
We defend people throughout Georgia. We independently investigate each case we handle. Examining accident scenes, interviewing witnesses, gathering evidence, working with accident reconstructionists, and challenging the prosecution’s case at every opportunity is critical to a successful defense.
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- Published in Aggravated Felony, Criminal, Criminal Defense, Felony, Personal Injury
Protection Against Georgia Embezzlement Charges
Saturday, 24 August 2019
Typically considered a “white collar crime,” embezzlement occurs when a person entrusted with the monitoring or management of someone else’s assets deliberately appropriates them for their own financial gain. There are a variety of circumstances that can result in embezzlement charges, and a conviction can carry fines and possible prison terms of one to 10 years.
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- Published in Criminal, Criminal Defense, Felony, Moral Terpitude, Theft
Protection Against Charges Of Theft in Georgia
Sunday, 18 August 2019
Theft is the act of taking another person’s property illegally and intentionally. In general, it doesn’t matter how another person’s property was taken. Most theft crimes carry a misdemeanor charge. However, if the stolen property’s value is in excess of $500, then you could face felony charges and a sentence of up to 10 years in prison.
Given the high stakes involved, it is important for individuals charged with theft crimes to work closely with an attorney who will thoroughly investigate your case and aggressively defend you against all charges. We will provide comprehensive legal advice and defense in order to restore your good name and protect your freedom.
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E-mail us at info@lawrencelegal.law; or
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- Published in Aggravated Felony, Felony, Theft
Charged with Burglary in Georgia?
Monday, 12 August 2019
If you or a loved one is being charged with or investigated for burglary charges in Georgia, you need the attention and assistance of a qualified, experienced criminal defense attorney who can protect your rights and freedom. With the severity of sentencing that accompanies an Atlanta burglary charge, attorneys dedicated to protecting you are a necessity.
A burglary conviction can result in a prison sentence of up to 20 years. If you have one or more prior convictions, you could be facing a mandatory minimum sentence of at least five years in prison. Even an incomplete alleged burglary attempt can result in a long prison sentence depending upon the severity of the intended criminal act. In order to ensure that you receive just and fair treatment and that your case is resolved to the most favorable degree possible.
The Georgia legal system is complicated so you need a defense attorney with an intimate understanding of both state law and your unique situation. We understand the inner workings of the Georgia legal system and are determined to protect your rights and freedom to the fullest possible extent. We believe wholeheartedly that anyone accused of burglary is innocent until proven guilty and will work diligently to ensure that your innocence is staunchly defended.
Whether you or your loved one has been officially charged with burglary or are simply under investigation, it’s imperative that you secure counsel as soon as possible. It is essential to work with an Atlanta burglary attorney who understands the state criminal justice system. Before you speak with detectives or other law enforcement agents, you need the counsel and protection of a criminal defense lawyer who is genuinely invested in obtaining the best possible outcome for you and your family.
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- Published in Aggravated Felony, Criminal, Criminal Defense, Felony
11 Reasons Why You Should Never Talk To The Police When Arrested or Questioned (Part 6)
Tuesday, 06 August 2019
11. If you are the alleged victim of a crime and you call the police to investigate that crime, you can still be accused of some other criminal offense if they see evidence of it in plain view. You will never know what the police have in their file against you, and you will never know your actual potential criminal exposure. When you interact with a police officer, you may be providing evidence to them that may cause them to charge you with a crime that is not even under consideration against you. This is commonly referred to as the plain view doctrine. When you invite the police into your life or home, you are subject to what they see, and you are at risk therein. Many clients who let police into their home, and in plain view, the police will see evidence of another crime, often something drug-related. When the police see rolling papers or evidence of drug use, they will look to investigate further. As a result, inviting the police into your home can cause you to be charged with a crime, even if you are reporting that you are the victim of some other crime.
Example: Someone who was a victim of a burglary of his home, and he invited police into his home. However, as police were looking around, there were things they saw in plain view that led them to believe there was drug trafficking in the home. They got a search warrant and eventually found a drug room, lights, scales, plastic bag, large sums of money and they uncovered an entire drug and distribution center. Just because police were there to investigate an offense that you are the victim of, you could be charged with another serious offense if they witness the evidence of that in plain view.
For these reasons and more, you should never speak to the police, for any reason, ever! As explained, it does not matter if you are innocent or guilty; it is never in your best interest to speak to the police. These are just some of the reasons why it is best to ask for an attorney and to never talk to the police! Guilty people regret talking to the police! Innocent people always regret it, as well.
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- Published in Criminal, Criminal Defense
11 Reasons Why You Should Never Talk To The Police When Arrested or Questioned (Part 5)
Saturday, 03 August 2019
9. Even if a suspect is guilty and wants to confess, there may be other factors, which would justify a lesser charge. Sometimes, the police do not have as much evidence as it may appear. The police may suggest you committed the most severe crime possible when the evidence does not support it. The suspect may have committed a lesser grade of the same offense or some other offense altogether. It is important to wait to speak to an attorney before admitting any information.
Example: When a client gives a confession, the police are very good at making sure the suspect with whom they are interviewing confesses to each and every element of the offense for which they could be charged. This could lead to a person being overcharged. In many cases, we see indictments that have 10 or 15 counts, when it was a series of one single criminal act. Again, there are too many examples we have seen to list a particular case. However, when a person wants to take responsibility for what they have done, It is far better to first hire a Georgia Criminal Defense Attorney to work out a plea agreement. We can contact the prosecutor and work out a pre-indictment plea to one or two criminal charges, not the entire series of crimes that could have potentially been charged.
10. Even for a completely honest and innocent person, it is challenging to tell the same story twice precisely the same way. If you told your story to the police first, and then you repeat your story in court, the chances are very high that some little details in your statement are going to change. This can happen when you are 100% truthful. A good prosecutor will pick up on these changes and will relentlessly question you about them, to make it look like you are lying. Even if it is a minor detail, evidence that you lied or were mistaken can look unfavorable to a jury.
Example: We do not have to look to the criminal law to see if this is true. If anyone remembers playing the telephone game as a child, when you line up children and whisper something in one child’s ear, by the time the story goes through many different people, the story will fundamentally change. It is tough to remember exactly what happened especially after being interrogated by the police. However, when looked at logically, no person can give the same statement over and over again without minor changes. You can still be criticized for memorizing your statement, yet still. There is essentially no way to win when giving a statement to the police.
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- Published in Criminal, Criminal Defense
11 Reasons Why You Should Never Talk To The Police When Arrested or Questioned (Part 4)
Tuesday, 30 July 2019
7. Even if you are innocent and only tell the truth and do not tell the police anything incriminating and the entire interview is videotaped, your answers can still be used to crucify you if the police have any evidence, even mistaken or unreliable evidence that any of your statements are false. You never know what information the police have or what is in their file against you. Furthermore, you can never be certain what the police are investigating you for. Any evidence that makes it seem that your testimony is false, even when it is not, can be used to make you appear unreliable. If the witness was confused or had inadequate information, they will still seem more credible than you if you had told the police something contrary to what a witness says.
Example: A juvenile, being charged as an adult, who truthfully confessed to a series of thefts and assaults. Unfortunately, at the same time, his elderly grandmother, who was his guardian, had told a different story that she also thought to be true. Both the client and the grandmother stated truthful, yet contradictory stories. The primary element of the case was whether or not he had permission to drive a vehicle. Ultimately the word “permission” was related to what extent he was allowed to drive the vehicle. As a result, the sheriff added automobile theft charges to the other less severe charges. The client said he had permission to drive the car and the grandmother said he did not, but the extent of the “permission” was taken out of context because she meant he did not have consent to use the vehicle to commit another crime. Finally, he was convicted of automobile theft even though we believed he did not steal his grandmother’s car; he simply used it for different reasons than his grandmother would have allowed. The prosecutor made it seem like to the jury that he stole his grandmother’s vehicle.
8. The police do not have the authority to make deals or grant a suspect leniency in exchange for getting a statement. Many people are under the misconception that the police can get them a better deal if they confess. However, the police are not the ones that have the authority to make deals. The Prosecutor, which is the District Attorney in Superior Court or the Solicitor General in State Court is the only party that can negotiate plea agreements, grant immunity, or make deals. Therefore, it is better to wait until you have your Georgia Criminal Attorney speak with them to work out an arrangement or plea deal.
Example: Countless clients that have been told by police officers that if they cooperate things will go easier. It occurs in a wide range of crimes from DUI to Aggravated Assault cases. Ultimately as stated above only a prosecutor can offer a negotiated plea.
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E-mail us at info@lawrencelegal.law; or
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- Published in Criminal, Criminal Defense, Moral Terpitude
11 Reasons Why You Should Never Talk To The Police When Arrested or Questioned (Part 3)
Saturday, 27 July 2019
5. Even if you are innocent and only tell the truth and do not tell the police anything incriminating, there is still a grave chance that your answers can be used to crucify you if the police do not recall your testimony with 100% accuracy. Police officers do not always write every word down, yet they are then called upon to remember what someone said in a police interview. Months or years later, they are called upon to testify at trial where they are forced to remember precisely what you said. Mistakes can easily be made, and these mistakes can cost you the outcome of the trial, even though you were honest from the beginning.
Example: Neither the FBI nor GBI records their interviews. Many accused people have been interrogated by sheriffs and police investigators who have had their statements misconstrued. A GBI agent spent a great deal of time discussing with someone about the terrible things that would happen to them in prison. He also said all the ways he would help him if our he came forward. Then, that same GBI agent had him provide a written confession that was used to send him to prison. Of course, the agent has not “recollection” of his offer to help the accused if he was honest.
6. Even if you are innocent and only tell the truth and do not tell the police anything incriminating and your statement is videotaped, your answers can be used to crucify you if the police do not recall the questions with 100% accuracy. If police officers do not remember 100% accurately the questions they asked, your answers could be made to look as untruthful, even if it was the truth. Police officers are human too and can make mistakes when testifying about the questions asked.
Example: This often happens when a suspect’s questioning was taken out of context. Many suspects have had their interviews videotaped. Yet, the prosecutor, just like the news media, will selectively play parts of their interview to take the answers out of context, making the accused appear to in a bad light. Also, incriminating parts of interviews are properly recorded, yet the parts that would be likely to prove your innocent are sometimes mysteriously misplaced. Then, only the damaging parts get played in court.
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- Published in Criminal, Criminal Defense