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Criminal Defense Blog

Do I Get Credit for My Time Served?

Posted by Ryan Brown | Dec 13, 2020 | 0 Comments

O.C.G.A. 17-10-11 sets forth clear guidelines for when a person must receive credit for time served and other times, when a judge may decide not to grant credit for time served. In some situations the judge must grant credit for the time served, and even where the judge doesn't have to give the credit for time served, he or she may still choose to do so.

Bond Conditions in Child Molestation and other Sex Cases

Posted by Ryan Brown | Dec 03, 2020 | 0 Comments

Can I get a bond in a child molestation case? Yes! But, you should expect conditions of that bond.  The first question we always get when we are hired on a case is "what about a bond?" It is the natural first question and sets the tone for the rest of the case. Everything is easier when the clie...

What Happens When the Cop Doesn't Read Me My RIghts?

Posted by Ryan Brown | Dec 01, 2020 | 0 Comments

All arrests are hectic. Whether it is for simple marijuana possession or murder, arrests are hectic. There are oftentimes cops everywhere, flashing blue lights, it may be early in the morning or late and night, and there is simply a lot going on. During this period of time, the cops usually read ...

West Georgia Drug Bust Leads to 15 Arrests

Posted by Ryan Brown | Sep 11, 2020 | 1 Comment

A drug bust in Carrollton, Georgia this weekend led to the arrest of fifteen people. The charges for range from Possession of a Schedule II drug to Trafficking Methamphetamine (Check out Youtube for More on Drug Trafficking). Many of them are charged with conspiracy to traffic methamphetamine. At...

Kemp v. Keisha! What is the Latest?

Posted by Ryan Brown | Jul 21, 2020 | 0 Comments

By now I'm sure you have heard that Brian Kemp is suing Mayor Bottoms in response to her mask mandate in the city of Atlanta. Governor Kemp has also asked for the Court to order Mayor Bottoms to keep quiet about the lawsuit.  The hearing was scheduled for its hearing today at 11:00 am in front o...

Atlanta Police Make Arrests for Street Racing

Posted by Ryan Brown | May 18, 2020 | 0 Comments

No driver of any motor vehicle shall operate the vehicle upon the public streets, highways, public or private driveways, airport runways, or parking lots in such a manner as to create a danger to persons or property by intentionally and unnecessarily causing the vehicle to move in a zigzag or circular course or to gyrate or spin around, except to avoid a collision or injury or damage.

No-Knock Warrants - Cops Entering a House without Knocking

Posted by Ryan Brown | May 05, 2020 | 0 Comments

There are two primary ways to challenge law enforcement's forceful entry into a home without announcing their presence. That they had permission to enter the home without knocking, but the judge messed up in giving them that permission; or The entered as if they had permission to do a "no-knock" entry, but they did not have permission.

Johnny Lee Gates

Posted by Ryan Brown | Mar 29, 2020 | 0 Comments

Background My favorite experience in law school was serving as an extern at the Georgia Innocence Project.  In 1977 an all-white Muscogee County jury convicted Johnny Lee Gates of the rape and murder of a 19-year-old white female. He was sentenced to death. During a 2002 hearing related to wh...

Coweta Criminal Cases During Coronavirus

Posted by Ryan Brown | Mar 24, 2020 | 0 Comments

Our firm is prepared for times just like these. We offer video conferencing/consultations. Even before this virus, we maintained the capability to operate our entire onboarding process electronically. Other than the fact I am typing this from my house instead of my office we can continue to offer our services.

Proposed Porch Piracy Law Could Land Folks in Prison for Up to Five Years

Posted by Ryan Brown | Feb 25, 2020 | 0 Comments

House Bill 954 is a proposed law that would make stealing someone's package from their porch a felony. Stealing a package would be treated as a felony no matter if the package contained a fifty-cent pack of paperclips or a piece of jewelry worth hundreds of thousands of dollars. As a felony, the porch piracy law would permit prosecutors to seek up to five years in prison for a violation of the law.

The Dangers of Social Media

Posted by Ryan Brown | Jan 15, 2020 | 0 Comments

I have seen prosecutors use all kinds of information gathered from social media against folks in court. Facebook message threads (talking about buying drugs), Instagram pictures (of drugs and marijuana), Snapchat videos (of alleged gang activity), TikTok videos showing alleged gang sings are all just a few examples of things that can be used against someone in court.

Getting a Speedy Trial in Georgia

Posted by Ryan Brown | Nov 19, 2019 | 4 Comments

There are two ways to demand a speedy trial in Georgia. There is a Constitutional speedy trial demand and a statutory speedy trial demand. One of them comes from rights given to you by the Constitution and the other comes from a law passed by the Georgia legislature giving you the right to demand...

How Can I be Prosecuted if the State has No Evidence?

Posted by Ryan Brown | Nov 17, 2019 | 0 Comments

Different Ways for Arrest to Occur Warrantless Arrest - Under certain situations cops can make arrests without a warrant. They are allowed to make arrests if an alleged offense is committed in the officer's presence or within the officers' immediate knowledge, or if the alleged offender is trying to escape, or if the officer believes that an act of family violence occurred, or "for other cause there is likely to be failure of justice of want of a judicial officer to issue a warrant. So, the sad reality is that cops can essentially arrest anyone, at any time, for anything without a warrant if they are willing to sign their name to an affidavit saying it happened. Warrant for Arrest - A lot of times officers do get a warrant for someone's arrest. This happens when an officer goes to a judge and explains to them their side of the story as to what happened (of course we don't get to go and present our side). Once that arrest warrant is issued the warrant will be placed into a system maintained by the GBI and eventually you will be arrested on that warrant. Grand Jury Indicts - Sometimes, often in serious cases, there will be no warrant issued until a grand jury considers a case. More on grand juries here. When a grand jury finds probable cause, and they almost always do because, once again, we can't go and present our side of the story. A judge will sign an arrest order that orders you be arrested.

Why Do Some Cases Need to Be Tried?

Posted by Ryan Brown | Nov 06, 2019 | 0 Comments

Trial? Many folks, lawyers and the accused alike, are terrified of the T word - trial. But, some cases simply need to be tried. The criminal process is complicated, but it can be boiled down to a simple process. First, charges are filed. After that, there are essentially three options. 1) The ca...

Tekashi 6ix9ine

Posted by Ryan Brown | Sep 26, 2019 | 0 Comments

Tekashi 6ix9ine,  whose real name Daniel Hernandez,  rose to fame in 2017 after releasing "Gummo." He quickly found fame and money.  He then found himself the subject of state prosecutions and eventually a federal prosecution. He was accused of being a gangsta, then he renounced his gang affiliat...

Classifying Your Encounters with Police

Posted by Ryan Brown | Sep 11, 2019 | 0 Comments

Georgia recognizes three tiers of encounters between cops and civilian people. 1) Consensual Encounters; 2) Investigatory Stops; and 3) Arrests. As you step up the tiers the burden on the government increases to justify the encounter. 

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This website if for general informational purposes only and is not to be considered legal advice. Each situation, case, and legal matter is unique and requires custom legal advice. Nothing communicated on this website or through this website constitutes an attorney-client privilege.