Blog Category | Criminal defense
Can You Appeal a Criminal Conviction? When Your Attorney's Mistakes May Matter
A criminal conviction doesn’t always mean the legal process is over. In some cases, a conviction can be appealed because important legal errors affected the outcome of the trial. One issue that sometimes arises is ineffective assistance of counsel—when an attorney fails to provide the level of representation the law...
Continue Reading Can You Appeal a Criminal Conviction? When Your Attorney's Mistakes May MatterWhat is Probable Cause in Georgia?
Before law enforcement can make a lawful arrest in Georgia, they must have what is called probable cause. To meet this legal standard, the relevant circumstances and facts must be sufficient to cause a reasonable person to conclude that a crime has either been committed or is about to be...
Continue Reading What is Probable Cause in Georgia?Can a Criminal Record Be Cleared in Georgia?
Some criminal records can be cleared (or expunged) in the State of Georgia, but others cannot. The factors that determine whether your record can be cleared hinge on the severity of the crime, past criminal history, and beyond. While many misdemeanors can be cleared, most felonies cannot. Having a criminal...
Continue Reading Can a Criminal Record Be Cleared in Georgia?Do I Have to Talk to the Police Without a Lawyer in Gwinnett County?
If you are arrested, detained, or questioned by the police, you are not required to talk, whether or not you have a lawyer. Once you’ve asserted your right to remain silent, the police should drop their line of questioning, and if they fail to do so, it can negatively affect...
Continue Reading Do I Have to Talk to the Police Without a Lawyer in Gwinnett County?The Role of Witnesses in Georgia Criminal Cases
When you are facing a criminal charge in Georgia, witnesses can play a decisive role in how your case is resolved. How witnesses function in a criminal case, and how an experienced criminal defense attorney leverages them, is an important part of your overall defense. Our experienced Georgia criminal defense...
Continue Reading The Role of Witnesses in Georgia Criminal CasesHow Jailhouse Informants Affect Georgia Criminal Cases
The term jailhouse informant refers to an inmate in jail or prison who testifies against another inmate, usually in exchange for a benefit to themselves. While there are many concerns about the credibility of jailhouse informants, inmate testimony is a common practice in Cumming, Georgia, and throughout the state and...
Continue Reading How Jailhouse Informants Affect Georgia Criminal CasesDo You Need a Lawyer if You Plan to Plead Guilty?
If you’ve been charged with a crime, it can leave you feeling extremely low, and you may even convince yourself of your own guilt. The truth is that, sometimes, people admit to crimes they didn’t commit under the stress of interrogation, and at other times, they may bend to the...
Continue Reading Do You Need a Lawyer if You Plan to Plead Guilty?The Role of a Criminal Defense Attorney in Your Case
If you are facing a criminal charge, your rights and freedom are at stake. Having trusted legal counsel on your side from the start can make a big difference in the outcome of your case, which, in turn, can make a big difference in your future. Our experienced criminal defense...
Continue Reading The Role of a Criminal Defense Attorney in Your CaseUnderstanding Your Rights during a Police Investigation
If the police are investigating you in relation to a crime, you have important rights, all of which are well worth protecting. The most important of these include your right to an attorney and to remain silent, which you are encouraged to invoke sooner rather than later. An experienced Cumming...
Continue Reading Understanding Your Rights during a Police InvestigationPenalties for Crimes Committed While Underage Drinking in Georgia
If you are underage, committing a crime can have a serious impact on your future, and if you were drinking at the time, the effect can be even harsher. If this is the challenging situation you find yourself in, bringing a strong defense is paramount, and an experienced Georgia criminal...
Continue Reading Penalties for Crimes Committed While Underage Drinking in GeorgiaHow Does a Judge Determine a Sentence in Georgia?
If you’re facing a criminal charge, sentencing is critical. And if you don’t understand the mechanics of sentencing, it can make a very stressful situation that much more so. Ultimately, judges in the State of Georgia are responsible for imposing sentences, including approving plea agreements. If you are facing a...
Continue Reading How Does a Judge Determine a Sentence in Georgia?What Does It Mean to Get a Point on Your License?
Receiving a point on your driver’s license in Cumming means that you have a traffic violation on your record. If you accumulate enough points within a specific amount of time, your license and, therefore, your driving privileges can be suspended. This can lead to serious consequences, including interference with your...
Continue Reading What Does It Mean to Get a Point on Your License?What to Do After Being Accused of Credit Card Fraud in Georgia
Credit card fraud is a serious crime that the State of Georgia takes very seriously. Credit card fraud can take many forms, and each case has its own set of circumstances. If you have been so charged, however, the most critical step you can take to protect your rights and...
Continue Reading What to Do After Being Accused of Credit Card Fraud in GeorgiaWhat is a Warrant?
Warrants play a critical role in criminal defense cases in Georgia, and having a better understanding of how they work can help you better protect your legal rights. Judges generally issue these legal documents, which authorize police to take specific actions, such as conducting searches or making arrests. Ultimately, warrants...
Continue Reading What is a Warrant?Consequences for Shoplifting in GA
The State of Georgia takes shoplifting very seriously, and a conviction can result in steep fines, jail time, and long-lasting social consequences. If you’re facing a shoplifting charge, bringing a strong defense is key. The skilled legal counsel of the experienced criminal defense attorney at Banks, Stubbs & McFarland is...
Continue Reading Consequences for Shoplifting in GAWhat Probable Cause Means in Georgia
If you’ve been arrested or had your property searched, you’ve likely heard law enforcement or prosecutors mention “probable cause.” This foundational concept in criminal law determines whether police can legally arrest you, search your belongings, or obtain a warrant. At Banks, Stubbs & McFarland, our criminal defense lawyers hold law...
Continue Reading What Probable Cause Means in GeorgiaCommon Criminal Charges in GA
While there are many different criminal charges in Georgia, some are far more common than others. DUI, drug possession charges, and domestic violence are prime examples. Because having a conviction on your record can lead to severe consequences, you shouldn’t wait to consult with an experienced Cumming criminal defense attorney...
Continue Reading Common Criminal Charges in GACan a Felony Charge Be Reduced to a Misdemeanor?
Yes, there are instances when a felony charge can be reduced to a misdemeanor, and while this is a possibility under the right circumstances, there are no guarantees. A reduction in the level of the charge against you can happen prior to trial, such as in a plea deal, or...
Continue Reading Can a Felony Charge Be Reduced to a Misdemeanor?Bench Trial or Jury Trial: Which Is Better for Your Case
A bench trial refers to a trial in which the judge alone determines the outcome, rather than having a jury deliberate, and whether a bench trial is beneficial depends on the unique circumstances of the case at hand. This means that, in some instances, a bench trial can be advantageous,...
Continue Reading Bench Trial or Jury Trial: Which Is Better for Your CaseHow to Expunge Your Criminal Record
While Georgia doesn’t use the word expungement, there are particular circumstances in which you can have your record restricted and sealed. This generally means that only law enforcement and certain government agencies retain access to the information, which can help seriously limit the damaging social consequences of having a criminal...
Continue Reading How to Expunge Your Criminal RecordCharged vs Indicted: Key Differences in Criminal Law
Being charged with a crime means that you have been accused of committing the crime. To be indicted, however, a grand jury must determine that there is enough evidence to charge you with the crime formally. The indictment itself is not a conviction, nor is it evidence that you committed...
Continue Reading Charged vs Indicted: Key Differences in Criminal LawSteps to Take if Someone is Stalking You
If you believe you are being stalked, you should not adopt a wait-and-see attitude. The truth is that stalking can escalate quickly to more dangerous acts, and you should not hesitate to put your own safety first, which means calling the police if there is any indication that your well-being...
Continue Reading Steps to Take if Someone is Stalking YouHow Long Do Criminal Cases Usually Take to Resolve?
The duration of criminal cases can vary significantly and range from several weeks to months or years. Various factors that can affect the timeline include the case’s complexity, the court’s workload, and the strategies of the defense and the prosecution, among many others. If you’re facing criminal charges, discussing your...
Continue Reading How Long Do Criminal Cases Usually Take to Resolve?Will I Have a Criminal Record After My Case is Resolved?
Yes. Unfortunately, you may still have a criminal record after your case is resolved, whether through a not-guilty verdict, dismissal, plea agreement, or pretrial diversion. Even if you avoided a conviction, your court and arrest records will remain public. This means that prospective employers, colleges, and landlords will see that...
Continue Reading Will I Have a Criminal Record After My Case is Resolved?What Are the Elements of Felony Murder under Georgia Law?
The charge of felony murder expands the criminal charge of murder, which applies to criminal homicide. While every murder charge is exceptionally serious, felony murder can carry the death penalty, which makes it among the most serious criminal charges you can face. The most important point to keep in mind,...
Continue Reading What Are the Elements of Felony Murder under Georgia Law?What Is the Difference between Manslaughter and Felony Murder in Georgia?
Manslaughter is a serious criminal charge in Georgia that can carry a serious sentence. Felony murder, however, is more serious still, and a conviction can mean a life sentence or even the death penalty. If you’re facing a manslaughter or felony murder charge, it’s time to consult with experienced Commerce...
Continue Reading What Is the Difference between Manslaughter and Felony Murder in Georgia?Public Intoxication Penalties
Having a drink or two too many can happen, and if you’re not driving, you likely think – What’s the harm? The fact is, however, that simply strolling from location to location, walking home, or hanging out with friends on the sidewalk when you are under the influence can lead...
Continue Reading Public Intoxication PenaltiesCan You Be Arrested for Accidentally Stealing Something?
While you can be arrested for accidentally stealing something in Georgia, the charge is unlikely to hold. For the charge of theft to apply in the state, the accused must have intended to steal the item, and if you accidentally walked out of a store with something in your hand,...
Continue Reading Can You Be Arrested for Accidentally Stealing Something?Can a Person Be Removed from the Georgia Sex Offender Registry?
If you are convicted of a sexual offense in Georgia, you face imprisonment and fines. Being stripped of your freedom can be utterly degrading, but after your sentence is served, you will still have to deal with having your name listed on the state sex offender registry. While there is...
Continue Reading Can a Person Be Removed from the Georgia Sex Offender Registry?Can a Sex Crime Charge Be Dismissed or Reduced in Georgia?
If you are facing allegations of a sexual offense, you may feel terrified. Generally, a sex crime is defined as any illicit sexual activity. Georgia sex crimes can be classified as either misdemeanors, aggravated misdemeanors, or felonies. Although it is possible to get a sex crime dismissed or the charge...
Continue Reading Can a Sex Crime Charge Be Dismissed or Reduced in Georgia?At What Point Does Your License Get Suspended?
Certain traffic violations will result in points against your license. Once you accumulate 15 points in Georgia, your driver’s license will be suspended. Losing your driving privileges will make getting to work, bringing your kids to school, and performing other routine tasks challenging. You may be forced to take a...
Continue Reading At What Point Does Your License Get Suspended?Steps to Take if You Knowingly Tamper with Evidence
To be prosecuted for tampering with evidence, you must have intended to destroy evidence to disrupt a criminal investigation. While inadvertently tampering with evidence is not a crime, knowingly tampering with evidence can result in an extensive prison sentence and steep fines. If you are facing criminal allegations of evidence...
Continue Reading Steps to Take if You Knowingly Tamper with EvidenceWhat is the Difference Between a Felony and Misdemeanor in Georgia?
Crimes in Georgia are classified as either felonies or misdemeanors. While a felony is punishable by a minimum of one year in prison, misdemeanors are punishable by no more than one year. Also, the fines associated with a felony are typically much higher than those associated with a misdemeanor. Whether...
Continue Reading What is the Difference Between a Felony and Misdemeanor in Georgia?Penalties for Public Intoxication
Georgia has strict laws when it comes to individuals behaving inebriated in public. If you exhibit boisterous or vulgar behavior in public or are shouting profanities while visibly intoxicated, you may be charged with public intoxication. It is a misdemeanor offense, and first-time offenders may be sentenced to one year...
Continue Reading Penalties for Public IntoxicationWhat to Do if Facing a Weapons Charge?
Acquiring skilled counsel can help protect your rights if you are facing a weapons charge. A weapons charge comes with severe penalties, including jail time and fines. Unfortunately, your punishment will not end after your time is served, with a criminal record following you for the rest of your life....
Continue Reading What to Do if Facing a Weapons Charge?Common Crimes Committed in Georgia
It is estimated that every 2 minutes and 35 seconds, a crime occurs in the state of Georgia. A criminal charge will require numerous court appearances, stripping you of both your time and money. The courts are rarely transparent during the process, causing many criminal defendants to feel overwhelmed each...
Continue Reading Common Crimes Committed in GeorgiaWhat is Reckless Endangerment When You are Driving?
Anyone who places another person in harm’s way or causes another person harm by “disregarding a substantial and unjustifiable risk” is guilty of reckless endangerment. Any time a person makes reckless choices behind the wheel, either through an act or failure to act, this is typically charged as reckless driving....
Continue Reading What is Reckless Endangerment When You are Driving?What Are the Differences Between Classes of Felonies?
While every felony charge is exceptionally serious and can negatively affect your life far into the future, some are even more serious than others. The State of Georgia categorizes felony charges into different classes, and better understanding these classifications can help you better understand the charge against you. If you...
Continue Reading What Are the Differences Between Classes of Felonies?Can a Misdemeanor Become a Felony?
Yes. A misdemeanor can become a felony, depending on the specific facts of your case. Crimes are generally categorized as misdemeanors and felonies in Georgia and other states. Many people know that misdemeanor offenses are less serious than felony offenses and come with less severe penalties. On the other hand,...
Continue Reading Can a Misdemeanor Become a Felony?Are There Open Container Laws in Georgia?
Yes. Georgia has open container laws. You probably know that the police can arrest and charge you with a crime if you drink and drive. But what you may not know is that you can also be penalized if the police see an open container of any kind of alcohol...
Continue Reading Are There Open Container Laws in Georgia?Steps to Take after Getting Arrested
If you’ve been arrested, it’s all too normal to do a bit of panicking, and if you find that you have no idea how to protect your rights and diminish the consequences of the situation, you’re not alone. While your case is specific to the unique circumstances involved, there are...
Continue Reading Steps to Take after Getting ArrestedCommon Misdemeanors in Georgia
When discussing misdemeanor charges, it’s important to point out that while they are less serious than felonies, there is nothing minor about them. A misdemeanor conviction can derail your future and lead to serious social consequences that you probably didn’t bargain for. If you’re facing a misdemeanor charge, don’t wait...
Continue Reading Common Misdemeanors in GeorgiaWhat Are The Penalties for Driving Without Insurance?
Nearly every state requires all drivers to carry auto insurance. If you get caught driving without valid auto insurance in Georgia, your license and registration will be suspended, you’ll need to pay fines and may face jail time. If you’re currently uninsured, it’s in your best interest to purchase coverage...
Continue Reading What Are The Penalties for Driving Without Insurance?What is A Presumption of Innocence?
If you are facing any kind of criminal charge, you should know the term presumption of innocence and why it is crucial to your case. The presumption of innocence is a cardinal principle of the justice system, stating that a defendant’s guilt must be proven by the prosecution, and the...
Continue Reading What is A Presumption of Innocence?What are the Consequences for Felonies in GA?
A felony conviction can cost you more than a hefty fine and your physical freedom. A conviction will be placed on your criminal record, affecting your ability to get professional licensure, obtain suitable housing, and see your children. If you have been denied an opportunity due to a felony on...
Continue Reading What are the Consequences for Felonies in GA?The Difference Between Misdemeanors and Felonies
The nature of any punishment will depend on if you are charged with a misdemeanor or a felony. The main distinction between the two is the potential prison time, with misdemeanors only carrying a maximum jail sentence of one year. If you have been recently arrested or charged with a...
Continue Reading The Difference Between Misdemeanors and FeloniesWhite-Collar Crimes: Defending Against Fraud and Embezzlement Charges
Have you been charged with, arrested for, or are being investigated for embezzlement or fraud offenses? You should know that you’re facing extremely severe repercussions and should discuss your case with the Georgia white-collar crimes attorney at Banks, Stubbs & McFarland immediately to better understand what you’re up against. Fraud...
Continue Reading White-Collar Crimes: Defending Against Fraud and Embezzlement ChargesWhat Should You Do If You Receive a Restraining Order?
If you just received a restraining order, formally known as a temporary protective order or order of protection in Georgia, do not panic. To better understand what you can and can’t do while the restraining order is in effect, consult with a Georgia criminal defense lawyer right away. In the...
Continue Reading What Should You Do If You Receive a Restraining Order?What is Tax Fraud?
There are two certainties in life: death and taxes. Although none of us enjoy paying our taxes, some people attempt to defraud the government by providing false information or failing to include all the income that they earned during the year. This is tax fraud. If you attempt to defraud...
Continue Reading What is Tax Fraud?Differences Between a Felony and a Serious Felony
Georgia law defines a felony as a crime punishable by the death penalty, life in prison, or imprisonment for more than one year. Even after serving time, your civil and political rights will be taken away. Georgia makes a distinction between felony and serious felony crimes. Serious felony crimes, also...
Continue Reading Differences Between a Felony and a Serious FelonyWhat Constitutes Self-Defense?
One of the most basic rights you have as an American is the right to defend yourself from harm. That’s why self-defense, while complicated, can be a valid defense under specific circumstances. When a person commits a crime and claims self-defense, they must prove that the amount of force they...
Continue Reading What Constitutes Self-Defense?What is an arraignment?
There are many stages of the criminal process between an arrest and the resolution of your case. One of the first formal hearings you must attend if you are charged with a crime is called an arraignment. This is an important part of the process, as you officially learn from...
Continue Reading What is an arraignment?What Makes a Crime Domestic Violence?
No one should feel uncomfortable, frightened, or unsafe in their own homes. To ensure that the legal rights of domestic violence victims are protected, the state imposes severe penalties on people who have committed a domestic violence offense. Unfortunately, some people abuse the state’s domestic violence laws. Many people have...
Continue Reading What Makes a Crime Domestic Violence?Criminal Law and Technology: Cybercrime, Digital Evidence, and More
We live in a hyper-connected world. In 2023, not only is your cell phone connected to the internet, but it’s also possible that your fridge, washing machine, and car are. You may talk to an internet-connected virtual assistant like Alexa on a daily basis in order to turn on your...
Continue Reading Criminal Law and Technology: Cybercrime, Digital Evidence, and MoreCan you refuse to show your ID to an officer in Georgia?
People have certain rights regarding interactions with law enforcement officers, and this is no different in the State of Georgia. One of these rights pertains to providing identification when an officer requests it. Depending on the circumstances, you might have the right to refuse to show your ID to an...
Continue Reading Can you refuse to show your ID to an officer in Georgia?How long can the police hold you in Georgia?
In Georgia, as in the rest of the United States, the police have specific guidelines regarding the detention of individuals. These guidelines are rooted in constitutional protections, notably the Fourth, Fifth and Fourteenth amendments, which safeguards against unreasonable searches and seizures. Holding you in detention for too long without legal...
Continue Reading How long can the police hold you in Georgia?What are the Penalties for Aggravated Assault in GA?
Often, people face misdemeanor charges for assault. Though misdemeanors are serious matters, they are less severe than felony charges. However, in certain situations, the circumstances of an alleged assault can escalate the charges to aggravated assault, which is a felony offense with harsh penalties possible. If you face charges of...
Continue Reading What are the Penalties for Aggravated Assault in GA?What is the Sentence for Vehicular Homicide in GA?
Most driving-related violations are considered minor offenses in Georgia. However, there are times when an offense stemming from driving can have very serious consequences. One situation is when you are accused of a driving violation that led to a fatal accident. If you have been arrested after a car crash...
Continue Reading What is the Sentence for Vehicular Homicide in GA?What Are The Penalties for Multiple DUIs in GA?
Any DUI arrest in Georgia must be taken seriously, especially if you already have one or a couple of prior DUI convictions. Georgia doesn’t hold back when imposing harsh penalties on a first-offense DUI. So, when you have multiple DUIs, regardless of whether it’s your second or fourth DUI conviction,...
Continue Reading What Are The Penalties for Multiple DUIs in GA?New Law Allows Removal of Certain Convictions from Record
As of the start of 2021, people with criminal records in Georgia have a greater chance of having convictions expunged or sealed. Doing so can improve many aspects of life, so it is important to look into whether you might qualify. Discuss the matter with a Forsyth County criminal defense...
Continue Reading New Law Allows Removal of Certain Convictions from RecordWrongful Death Case Example
Wrongful Death cases can be very complicated and require a thorough investigation. You need an experienced attorney to guide you through the many twists and turns of wrongful death litigation. Pending wrongful death case example: Forsyth County Client’s husband was driving south on Georgia 400 before sunrise with his daughter...
Continue Reading Wrongful Death Case ExampleElliott – The Big Deal for DUI Cases in Georgia
PreviouslyI wrote that all lawyers with significant DUI practices and all judges in Georgia that deal with DUI’s have been anxiously awaiting the Georgia Supreme Court’s opinion in _ Elliott v. The State _ (Docket No. S18A1204). The 94-page opinion was issued on February 18, 2019. What’s the big deal...
Continue Reading Elliott – The Big Deal for DUI Cases in GeorgiaCurrent Issues in DUI Litigation: Elliott
All lawyers with significant DUI practices and all judges in Georgia that deal with DUI’s have been anxiously awaiting the Georgia Supreme Court’s opinion in Elliott v. The State (Docket No. S18A1204). Oral argument was conducted in the Georgia Supreme Court in April, 2018. What’s the big deal and what...
Continue Reading Current Issues in DUI Litigation: ElliottLatest developments in case of baby who died in hot car
A Georgia father has been accused of intentionally leaving his baby boy in a hot car, which eventually led to the 22-month-old’s death. The father, on the other hand, says that it was an accident, and he did not purposefully endanger the life of his son. In the latest development...
Continue Reading Latest developments in case of baby who died in hot carWhat does state law have to say about synthetic marijuana?
Last week, the Centers for Disease Control and Prevention released an eye-opening report discussing how the use of synthetic cannabinoids — otherwise known as synthetic marijuana — has once again exploded here in the U.S. Indeed, the CDC report found that poison control centers in 48 states received an astounding...
Continue Reading What does state law have to say about synthetic marijuana?