Cumming Criminal Defense Law Blog

How do you stop someone from driving under the influence?

Too often, people end up getting arrested for driving under the influence because they felt they were better able to drive than a friend who had consumed even more alcohol. However, you should never prevent a friend from driving drunk by taking the wheel yourself if you've also been drinking. Next to a friend who's highly intoxicated, you may feel sober and in control when in fact you may have a blood alcohol content (BAC) over the legal limit.

So, what should you do to prevent a friend from driving under the influence of alcohol or drugs?

How good kids can get arrested on spring break

Your child's a good kid. Unfortunately, you can't say the same thing about some of their friends. Maybe you trust their friends, but they're talking about driving to Fort Lauderdale for spring break. Who knows what kind of people they'll run in to? You've seen those spring break movies. Maybe you lived a few of them yourself back in the day.

So, how do you keep your teen or college student from ending up in jail and with a criminal record that could impact their scholarship prospects, their ability to get into (or stay in) the college of their choice and even limit their career possibilities?

Know how to defend yourself against domestic violence charges

If you're charged with domestic violence, you'll immediately have concerns about the impact on your life. For example, if you're going through the divorce process, your soon to be ex-spouse may accuse you of domestic violence as a means of increasing their chance of gaining full custody of your children.

Since the impact of a domestic violence conviction can be far-reaching, it's critical to defend yourself appropriately. Here are some defense strategies that can help:

  • Self-defense: The most common defense strategy used in domestic violence cases, it's when you argue that you had to fight back in order to protect yourself, your children or someone else.
  • False allegations: The other individual could make false allegations for many reasons, such as to strengthen a child custody case or to get back at you for something you did to them in the past.
  • Wrong person: This is when you claim that another person was responsible for the violence. To use this strategy, it's critical to present evidence proving that you were not at the scene of the crime.

Hawks player injured by alleged drunk driver

Driving under the influence can have serious criminal ramifications as well as civil penalties if a drunk driver injures someone in a crash. A 54-year-old Georgia man was charged with DUI less safe after a crash on Jan. 15 in Brookhaven that injured Atlanta Hawks player Chandler Parsons.

A police officer witnessed the crash, which occurred around 2 p.m. According to police, the alleged drunk driver from Lawrenceville was turning left. He allegedly failed to yield and struck the basketball player's Rolls Royce in the intersection before also striking another vehicle.

Tips for a 'dry' Super Bowl Sunday

If you're facing a DUI charge, you may have decided -- as many people do -- that this was your wake-up call to stop drinking. Maybe you first committed to "Dry January" and have decided to keep going. However, one of the biggest challenges to many Americans' sobriety is Super Bowl Sunday. Whether you go to a friend's house or join a gathering at a local bar or restaurant, you know that alcohol will be everywhere.

Even if you've lost your driver's license for a time and won't be behind the wheel, you've made the commitment not to drink. If you've gotten your license back, you definitely don't want to risk another DUI. Either way, you've made a promise (to yourself and/or others) not to drink on Super Bowl Sunday.

Georgia public officials arrested on DUI charges

As our blog has discussed on previous occasions, even a single conviction for drunk driving can wreck a person's career or, at best, put a damper on his or her job opportunities.

This is especially true when a person is involved in public affairs, is a licensed professional or holds a position of standing in the community, like that of a police officer or firefighter.

What are the elements of theft?

We often want what we don't have, but taking what does not belong to you is considered a crime. Being accused of theft is a serious situation because the consequences that could befall a defendant can be severe and life impacting. While theft crimes can range greatly from minor misdemeanor charges to severe felony counts, asserting a defense is important no matter the type of charge. Thus, the accused should be aware of the charges against them so a strong defense could be initiated.

What are the elements of theft? There are two elements of this crime. The first is the unauthorized taking of someone else's property. The second is the intent to deprive that person of their property permanently. Thus, one must have the requisite intent to permanently deprive one of their property while removing or attempting to remove the property from the victim.

Cannabis-related penalties are strict

Many teens and young adults may have been exposed to marijuana, and many others probably have a friend or at least know somebody who uses the drug. Especially with social attitudes toward marijuana changing, many young people may use the drug themselves on occasions.

While many states have legalized marijuana, also known as cannabis, at least when it is subject to tight regulatory controls, Georgia is not one of those states. The possession transfer and sale of the drug can all subject a person, even someone who otherwise has no criminal history, to jail time and fines. Georgia even has relatively tight rules when it comes to medicinal marijuana.

What are my rights when stopped by the police?

Many prosecutions for drug charges begin with a traffic stop. What happens during this stressful experience can have a major impact on a person's ability to effectively defend themselves against drug charges later on.

Stop the vehicle as quickly as possible after being confronted by police. Park it in a safe place and turn off the ignition. It is also important to turn on the car's internal light, partially open the window and place hands on the steering wheel.

Overview of a Family Violence Protection Order

Domestic violence charges are taken very seriously in Georgia. Those who are facing these charges may feel like everyone is against them, but it's important to remember that everyone deserves a defense, and that everyone is presumed innocent until proven guilty in a court of law.

That said, some aspects of law enforcement in domestic violence cases are intended to be preventative in nature, and can go into effect before the accused has had a full hearing. One such action that the court may take in a domestic violence situation is to issue a Family Violence Protection Order.

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