Binding Criminal Cases Over in Georgia (Part 2)

Should you bind your case over to State court?

Next you must determine, from a strategical standpoint, whether it would be in your best interest to bind your case over. To do this you have to consider where you’re more likely going to get a good plea deal, or a fair trial. There are advantages and disadvantages to Municipal Courts as well as State/Superior Courts. One obvious advantage is that State/ Superior Courts have jury trials. However, one disadvantage is that binding your case over is not a quick process, it can take months or years. Most importantly, when deciding if you should bind your case over you should contact a trained legal professional to help you. The attorney should be well informed with the Court, the Judge, the Prosecutors, and the process. Having a knowledgeable attorney will make this decision easier for you.  If you are trying to decide the next steps in your criminal case, contact us.

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Binding Criminal Cases Over in Georgia (Part 1)

What does it mean to bind a case over?

Many state level misdemeanors like traffic citations, driving under the influence (DUIs), and other state level misdemeanor crimes such as Shoplifting, Possession of Marijuana (Less than 1 oz.), Criminal Trespass, and more, originate in the Municipal Court of the city where the alleged offense took place. If someone is charged with state-level offenses, they have a Constitutional right to a “public and speedy trial by an impartial jury.”  Since Municipals Courts in Georgia do not hold jury trials. Therefore, in order for a defendant to obtain a jury trial, he must make a demand for jury trial to Municipal Court. The Municipal Court will then “bind over” the case to the State Court of the county where the alleged offense took place. If there is no State Court in that county, the Municipal Court will bind the case to the county Superior Court.

Is your offense eligible to be bound over?

Not all offenses are eligible to bind over to State or Superior Court. If your case is not eligible to be bound over, you do not have a right to a jury trial. Georgia courts distinguish between crimes that are “solely violations of local or municipal ordinances,” and crimes where the offense is a violation of an ordinance as well as a misdemeanor under state law. Where there is an offense of a local ordinance and a state level offense, the State/Superior Court has “concurrent” jurisdiction over the case. 

Generally, if you are charged with a misdemeanor you have the right to bind your case over. For instance, if you are charged with speeding, you have the right to a jury trial which means you have the absolute right to bind your case over to State/ Superior Court. Clark v. State. Also, as Marijuana is becoming more and more common in America, Georgia has implemented a statute that allows defendants accused of Possession of Marijuana (Less than 1 oz.) to bind their case over to State/ Superior Court. 

However, if you are accused of violating a local zoning ordinance, you most likely will not have the right to neither a jury trial or to bind your case over because zoning violations are not state level misdemeanors.  Determining what your charges are is the first step in determining whether you should bind your case over.

If you or someone you know is charged with a crime and would like to bind your case over, don’t hesitate to contact us.

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Have You Been Charged with Shoplifting in Georgia?

A shoplifting offense will result in a misdemeanor conviction in the state of Georgia where the value of the shoplifted property is $300 or less.

However, a shoplifting offense will constitute a felony under Georgia law if:

  • the value of the shoplifted property is more than $300, or
  • the property is stolen from three separate stores in the same county within a seven-day period, and the property that is the subject of each theft is worth at least $100. 

For an offender’s second shoplifting offense, the court will impose a fine of at least $250, either in addition to or instead of a sentence of imprisonment.

Upon a third shoplifting offense in Georgia, an offender will receive a sentence of imprisonment of 30 days, or an alternative sentence of confinement, such as home detention, for a period of 120 days, and may be ordered to receive psychological evaluation or treatment at the offender’s expense.

Upon a fourth or subsequent shoplifting offense, the offender shall receive a sentence of imprisonment of at least one year, which is not eligible to suspended, and a maximum of ten years. 

If you or a loved one are facing a shoplifting charge, contact us to begin mounting an aggressive defense.

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Theft as Misdemeanor or Felony in Georgia

When a theft offense involves property valued at $500 or less, the crime is punishable as a misdemeanor in Georgia.  Punishment for a misdemeanor includes a fine of no more than $1,000 and a sentence of imprisonment of no more than 12 months. If an offender receives a sentence of six months or less, it is within the authority and discretion of the sentencing judge to allow the sentence to be served via weekend confinement or during the offender’s nonworking hours. 

If the theft offense involves property valued at more than $500, the crime is punishable as a felony, or as a misdemeanor, at the judge’s discretion.  If theft is charged as a felony, the theft charge carries a sentence of imprisonment of not less than one year and not more than ten years.  The other circumstances under which a theft is punishable as a felony in Georgia include:

  • theft of anhydrous ammonia (one to ten years of imprisonment)
  • theft involving the breach of a fiduciary relationship (one to 15 years of imprisonment, and/or a fine)
  • theft of government or bank property, by an employee (one to 15 years of imprisonment, and/or a fine)
  • theft involving a gravesite or cemetery decoration (one to three years of imprisonment)
  • theft of a motor vehicle or vehicle part worth more than $100 (one to 10 years of imprisonment)
  • theft committed while telemarketing, using a computer or computer network, or engaging in home repair or improvement (one to 10 years of imprisonment),
  • theft of a destructive device, explosive, or firearm (one to 10 years of imprisonment).

If you or a loved one are facing felony theft charges in Georgia, contact us.

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Georgia Petty Theft and Other Theft Laws

 

Theft Defined Under Georgia Law

Theft can occur in a variety of ways under Georgia law. The most common type of theft involves theft by taking, which Georgia statute defines as occurring when a person “unlawfully takes or, being in lawful possession thereof, unlawfully appropriates any property of another with the intention of depriving him of the property, regardless of the manner in which property is taken or appropriated.” 

Georgia law also provides for several other types of theft, including:

  • theft by deception ( § 16-8-3.)
  • theft by conversion ( § 16-8-4.)
  • theft of services ( § 16-8-5.)
  • theft of lost or mislaid property ( § 16-8-7.)
  • theft by receiving property stolen in another state ( § 16-8-8.)
  • theft by bringing stolen property into the state ( § 16-8-9.)
  • theft by shoplifting ( § 16-8-14.), and
  • theft by extortion ( § 16-8-16.).

If you or a loved one are facing theft charges, contact us to begin mounting an aggressive defense.

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Georgia Hit And Run Laws (Part 1)

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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Georgia Firearm Offenses

The Second Amendment gives Americans the right to bear arms, but there are Georgia laws that govern how and where those firearms can be used. These laws can be quite complicated, and charges relating to firearm offenses can carry stiff fines and penalties for those convicted of a gun-related crime. Depending on the circumstances of your case, these penalties can include years in prison, enhanced sentences on related charges and mandatory minimum sentences.

There are a wide range of laws on both the state and federal levels that govern the possession and use of firearms. There are many potential complications and legal intricacies surrounding Georgia firearms offenses. An attorney who understands the inner workings of the Georgia criminal justice system and the legal possession, use and ownership of a firearm are your best and most reliable line of defense against such charges. We are committed to protecting the legal rights and interests of each and every one of our clients. We firmly maintain that they’re innocent until proven guilty beyond reasonable doubt in a court of law.

From carrying a weapon in an unauthorized location to unlawful possession of a firearm or weapon or firearm possession by a felon, there are a wide range of gun-related offenses in the state of Georgia that a person could be charged with under a variety of circumstances. Because there are so many potential charges you could face regarding the use and possession of a firearm, it’s not always easy to understand the deeper implications of conviction.

Whether you’re being investigated for or have been charged with an offense, we’re here to help. 

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What is a Vehicular Manslaughter Charge in Georgia?

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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Theft By Extortion in Georgia

In Georgia, theft by extortion is when you obtain money or property by threatening another person, their property, or loved ones. You can also be charged with extortion if you acquire money or property through intimidation or falsely claiming to be someone whom you’re not. If you’ve been charged with extortion, you could be facing up to 10 years in prison.

To fight and defend yourself against theft by extortion charges, you need the best criminal defense attorneys available. We have the skills and ability to craft a strategy to fight theft by extortion charges, protect your freedom and your rights, and minimize or avoid fines and prison time.

Georgia’s law and statutes pertaining to extortion are confusing and complicated for most people. Extortion charges must be carefully evaluated and investigated by a competent criminal defense attorney with in-depth knowledge of many elements of extortion. If you’re facing charges of theft by extortion in Atlanta, it is essential to hire an experienced Atlanta theft by extortion attorney. We offer commitment to provide the best legal defense possible to individuals who are accused of theft by extortion.

You don’t have to allow charges of theft by extortion to turn your life upside down. 

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In Georgia What Is “Theft By Deception”?

In Georgia, theft by deception occurs when you take someone else’s property through deceptive means, with the purpose of intentionally depriving that person of his or her own property. Likewise, if you knowingly accept payment for services that won’t be rendered, you can be charged with theft by deception. The same goes for selling property with liens to someone without disclosing the property claims.

If you are charged with theft by deception, you will face up to 15 years in prison. You may also lose your civil rights, including the right to vote and the right to possess a firearm. In addition, a felony conviction stays on your record and can make it very difficult to get or keep a job.

If you have been charged with theft by deception, it is important to work with a lawyer who can protect your interests and assert your rights. We fight for the rights of individuals charged with theft and other criminal offenses and are prepared to help you, too.

Even if you have done nothing wrong, you need an experienced and competent defense attorney who knows Georgia’s theft laws.

Call us at 678.324.8511;

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