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To Parents of a Recently Arrested Drug Addict

THEY'VE BEEN ARRESTED It's the call you've been dreading, or at least one of the calls you feared would come. You knew in your gut that this moment would arrive. Maybe you warned your son or daughter that their behavior was escalating to the point that getting arrested was inevitable, even as you hoped that it was not. You watched… read more →

Substance Abuse and the Criminal Justice System

MY HISTORY IN THE CRIMINAL JUSTICE SYSTEM I started my career in the criminal justice system as a prosecutor with the DeKalb County District Attorney's office. I was in my late twenties when I began working there and, without a lot of life experience, it was easy for me to view those who found themselves in the crosshairs of the… read more →

VICTORY ON APPEAL

Once a jury has found a defendant guilty of criminal charges, it is very difficult to convince a judge to grant a new trial in the case. The law firm of Jennifer M. Daniels, P.C. is pleased to report such a victory in a case where the defendant was convicted of Rape and Kidnapping in Gwinnett County!  MOTION FOR NEW… read more →

Warrant Application Hearings

SEEKING A WARRANT Georgia law provides a method for lay people (those other than law enforcement) and institutions to obtain warrants for the arrest of persons who have committed a crime against them. A victim can go to the magistrate court in the county in which the crime occurred and fill out the appropriate paperwork seeking the issuance of a… read more →

POSSESSION WITH INTENT TO DISTRIBUTE (OR SALE OF) A NARCOTIC CONTROLLED SUBSTANCE

In response to an intensive study about Georgia’s criminal justice system, the legislature in 2012 passed new laws governing the punishment of drug offenses. Surprisingly (especially for Georgia), the legislature actually reduced the punishment for possession offenses but did not alter those for crimes involving transactional offenses for drugs, meaning those dealing with selling, distributing or possessing with the intent… read more →

Drug Trafficking in Georgia

Trafficking in drugs occurs when a person possesses, sells, purchases or manufactures controlled substances in excess of a certain weight as set forth by statute. Some drugs require a great deal more weight to reach trafficking amounts than others. For example, trafficking in marijuana requires a minimum weight of 10 pounds (previously it was 50 pounds, which we can all… read more →

WILL BOND BE GRANTED AT A PRELIMINARY HEARING?

Preliminary Hearings (‘Prelims’ for short) are typically the second time a defendant appears before a judge after his arrest. The first hearing (called a First Appearance Hearing) is for the purpose of telling the defendant what his charges are, providing information about the process and his rights, and for appointing an attorney to represent him if he can’t afford one.… read more →

Aggravated Battery versus Battery: What’s the Difference?

O.C.G.A.§16-5-24 defines Aggravated Battery as when a person maliciously causes bodily harm to another by depriving him/her of a part of their body, rendering a part of their body useless or by seriously disfiguring the person or a part of their body.  Battery, on the other hand, is defined as when a person causes ‘substantial’ physical or visible bodily harm… read more →

Aggravated Assault versus Simple Assault

Georgia law defines which acts of violence constitute Simple Assault (which is a misdemeanor) or Aggravated Assault (which is a felony). O.C.G.A. §16-5-20 defines Simple Assault as either an attempt to commit a violent injury on another or an act which places another person in reasonable apprehension of immediately receiving a violent injury. Trying to punch someone is a classic… read more →

When Do the Police Have to Read You Your Rights?

Over the years, I have discovered that there is a great deal of confusion regarding when the police are required to advise a person of their Miranda (or Constitutional) rights before speaking with them.  There seems to be a general belief amongst non-lawyers that before the police ever talk to you (other than during a traffic stop) they must advise… read more →
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