Articles Posted in Criminal Defense

What Is a Pretrial Diversion Program? A pretrial diversion program is a way to close a criminal case without a trial. The prosecutor runs it. You finish a set of tasks – such as classes, community service, paying back a victim, and a period of supervision – and in exchange the charges are usually dropped.…

What Does Nolle Prosequi Mean in Court? Nolle prosequi is Latin for "unwilling to pursue." The prosecutor formally declares that the state will not continue prosecuting a criminal charge. People often call the result a nolle prosequi dismissal. When you see the disposition nolle prosequi on a court record, it means the prosecution dropped that…

In Georgia, families typically pay a bail bondsman a non-refundable premium of 10% to 15% of the total bond amount set by the court. That premium is the bondsman's fee for posting the full bond on the defendant's behalf. It is not a deposit, not applied toward the bond itself, and not returned because of…

What Is Criminal Solicitation? Criminal solicitation happens when a person asks, commands, encourages, or urges another person to commit a felony. The person who asks must intend for the crime to take place. The offense is complete the moment the request is made. The crime asked for does not need to happen at all. This…

Why Arrest Records and Mugshots Appear Online Arrest records in Georgia are public documents. Under Georgia's Open Records Act, arrest data is mostly public. A separate state law still bars an arresting agency from posting booking photos on its own website. News outlets report arrests as part of their local crime coverage. Why does arrest…

What Is a Motion of Discovery in a Drug Case? A motion of discovery in a drug case is a formal legal request. It compels the state to turn over all evidence it plans to use at trial. It also includes any material favorable to the defense. This motion is one of the strongest tools…

What Counts as Meth Possession in Georgia? Meth possession means knowingly having methamphetamine on your person, in your vehicle, or under your control. Georgia law treats methamphetamine as a serious controlled substance. Even a small amount can lead to felony charges with significant prison time. Methamphetamine is classified as a Schedule II controlled substance under…

What Is Simple Battery Under Georgia Law? Simple battery in Georgia is a misdemeanor offense, and it happens in two ways. One is intentionally making physical contact of an insulting or provoking nature with another person. The other is intentionally causing physical harm to another person. The simple battery statute sets out both. A first…

What Criminal Damage to Property Means in Georgia Criminal damage to property is Georgia's offense for knowingly damaging or interfering with property that belongs to someone else. Georgia grades the offense in two degrees. Both degrees are felonies, which makes this charge more serious than most people expect. People often arrive at this topic using…

What Counts as Stalking Under Georgia Law Georgia stalking laws make it a crime to follow another person, place them under surveillance, or contact them without consent. The conduct must be done for the purpose of harassing and intimidating that person. The offense of stalking is set out at O.C.G.A. § 16-5-90. A charge generally…