Law enforcement officers do not need any suspicion or cause to run a license plate for a computerized check.
Dead docketing refers to the moving of active cases from the trial calendar to a list of cases which are not closed but which will not be called on an active trial calendar in the absence of a court order placing them back on the active trial calendar.
LEO Agencies can lose radar and laser certifications if their speeding ticket revenue exceeds 35% of their agency budget. This tightens existing restrictions.
Georgia passes "move over" law for sanitation workers.
A recent resolution of a federal civil rights case based on the Equal Protection Clause of the Fourteenth Amendment may have major implications for the practice prevalent in Georgia of imposing a cash bond requirement and holding in jail poor people who cannot afford the cash bond.
Immigration consequences will return to the categorical analysis that was in place prior to 2008 providing greater certainty for criminal defense lawyers and their clients.
The United States Supreme Court issued its decision in City of Los Angeles v. Patel on June 22, 2015. This is a significant case for protection of private information from the government by a third party. It may be subject to extension to other businesses facing government regulation requiring th...
I-85 traffic enforcement is up in Northeast Georgia. Drivers need to watch out and watch their speed. Multiple law enforcement agencies patrol this corridor. We can help you when you are facing a citation or an arrest.
The new Georgia title tax poses a potential danger for attorneys and their divorce clients. Attorneys need to be aware of how the new tax can effect negotiation and transfers of motor vehicles which are a part of the divorce estate.
A new case iterates the necessity of invoking a ruling from the trial court that a party has refused to participate in the costs of take down by a court reporter in order to forfeit that party's access to the court reporter's notes and transcription. This is particularly important in many family law cases.
Officers can claim that they smell drugs in your car in order to search your vehicle. Courts have allowed such searches. You need a qualified Georgia criminal defense lawyer if you are facing such charges.
Georgia Criminal Justice Reform considering changes to Georgia criminal law.
An overview of the Georgia child support calculation process.
Changes in Legislation and in Business Practices will limit the ability of mug shot sites to damage the lives of the persons it displays on the sites.
The Fifth Amendment protects against only testimonial statements, not the providing of physical characteristics or acts. The government probably can compel a person to activate a fingerprint scanner on a mobile device in order to unlock it. Choose a better, if less convenient, security option.
Nationwide, traffic light intervals are becoming a concern as local governments shorten the yellow light duration to drive up traffic court revenue. Is it an issue in Northeast Georgia?
The Council of Superior Court Judges is advancing a proposed rule addition which would place steep limits on the use of electronic devices inside of courtrooms. Proposed Rule 48 would state: Rule 48 Unauthorized Recording of Court Proceedings Prohibited Except as provided under Rule 22, no...
Beginning a divorce requires information. Persons seeking a divorce can make the best use of their time and their lawyer's time by being prepared with the information that will be needed to evaluate and begin preparing the legal filings. This post examines some of the information that is helpful for a first consultation with a lawyer about filing for divorce.
Rule of Lenity expanded to have application among felonies with differing levels of punishment. The bright line rule created by the Georgia Court of Appeals stating that the rule of lenity would not apply where all of the involved offenses are felonies is eliminated. McNair v. State
The use of facial recognition technology poses new risks to privacy when used across government databases of drivers and identification card holders. Is the benefit to law enforcement worth it?
Examining the contents of HB 349 signed into law in 2013 which made changes relating to trafficking, criminal justice reform, criminal appeals, license suspensions records restriction, medical reprieves, and probation conditions.
In Georgia, it is not unusual for a person sentenced on a felony case to either have a probation sentence or a split sentence. A split sentence is one where the person serves a specified incarceration sentence followed by a term of probation. The probation term includes certain conditions. In ...
Children who are the subject of a deprivation proceeding do not have independent standing to appeal rulings of the Juvenile Court.
Sean A. Black has been included for the third year in Georgia Super Lawyers
Federal law can result in a person being ineligible for federally subsidized student financial and federal grants if the person has been convicted of a drug crime, no matter how minor. Qualified legal assistance is needed when facing any criminal offense, including even minor drug crimes.