Category: Criminal Defense

If you have been charged with a crime in the United States, you are considered innocent until proven guilty in the eyes of the law. This principle is based on the belief that allowing a guilty person to remain free is preferable to convicting or imprisoning someone innocent.

To establish guilt, the prosecution has the burden of proving, beyond a reasonable doubt, that you committed the crime. To do this, the District Attorney’s office must produce enough evidence to prove your guilt and establish grounds for a conviction. However, if the prosecution fails to meet the burden of proof and you can establish reasonable doubt, the jury cannot convict you of the crime. Contact a criminal defense lawyer who will protect your legal rights if you are facing criminal charges.

What Is Reasonable Doubt?

The evidence must be convincing enough that no reasonable person could doubt the defendant’s guilt. It is one of the highest standards of proof in criminal law. If any jurors have reason to doubt any evidence presented by the prosecution, this is considered reasonable doubt, and those jurors must vote not guilty.

What Are Defense Strategies for Establishing Reasonable Doubt?

There are several defense strategies that your criminal defense lawyer may consider based on the strength of the evidence available. The following are examples of defense strategies that your lawyer may recommend:

• Alibi: This may be a viable defense strategy if you can prove that you were not at the crime scene when it occurred. You must be able to provide evidence of your whereabouts at the time of the crime. If there are witnesses that can corroborate your story, they will need to give an official statement.
• Constitutional violations: This defense strategy may be used if your constitutional rights were violated during the arrest, search, or seizure. If law enforcement acted unlawfully, any evidence collected during the arrest may be suppressed, which means that the prosecutions will not have access to it.
• Duress or coercion: If you can prove that you were under duress or were coerced to commit the crime, this may be an effective defense strategy. For this to be effective, you must prove that you were forced or compelled to act against your will due to threats or that you feared for your safety or the safety of others.
• Entrapment: If law enforcement persuaded or forced you to commit a crime you would not have otherwise committed, this may be an effective defense strategy. However, if you were tricked into criminal activity by an undercover police officer, you must prove that you were the victim of entrapment and that you would not have committed the crime otherwise.
• Innocence: If you have a solid alibi that proves you were not at the scene of the crime when it happened, you can successfully challenge the credibility of a witness, or you have new evidence that establishes reasonable doubt on the prosecution’s case, your defense lawyer may pursue this line of defense.
• Insanity defense: This defense strategy may be an effective option if you have a mental illness and you are incapable of understanding the nature of your actions and the impact they would have at the time of the crime. It will be necessary for a mental health expert to provide testimony that supports this claim. Keep in mind, however, that if this strategy is successful, it is possible that you could be sent to a mental health facility for treatment.
• Lack of intent: If the crime you have been charged with requires intent, you may be able to argue that you did not have the mental capacity to commit the crime. This defense strategy aims to establish that your actions were accidental or lacked the intent to commit the crime.
• Mistaken identity: This defense strategy challenges the accuracy of an eyewitness’s identification, arguing that you were wrongly identified as the person who committed the crime. Often, this is due to poor lighting, stress, or unreliable witnesses.
• Necessity defense: This defense may be used if you committed an illegal act to prevent greater harm or a potentially dangerous situation and that your actions were justified.
• Self-defense or defense of others: If you acted in self-defense or were trying to defend another person from harm, a self-defense strategy may be a practical option.

Contacting a Lawyer

The most important step you can take if you are facing criminal charges is to hire an experienced criminal defense lawyer who will review the charges that have been brought against you, examine all of the evidence, challenge the credibility of witnesses, present alternative explanations for the evidence presented, and highlight inconsistencies in the prosecution’s case. This requires a thorough understanding of the law, the facts of your case, and a knowledge of other instances in which reasonable doubt resulted in an acquittal. Ultimately, the goal is to convince the jurors to question whether the prosecution has proven each element of the criminal charge beyond a reasonable doubt.

Our Savannah Criminal Defense Lawyers at Kicklighter Law Represent Clients Facing Criminal Charges

If you have been charged with a crime, contact our Savannah criminal defense lawyers at Kicklighter Law as soon as possible. We will discuss the details of your case with you, determine the most effective defense strategy, and ensure that your legal rights are protected. To schedule a consultation, call us today at 912-754-6003 or contact us online. Located in Springfield, Georgia, we serve clients in Effingham County, Savannah, and the surrounding areas.

If you were legally required to register as a sex offender, you know that it can hurt your ability to get a job, find a decent place to live, and maintain relationships with family and friends. In Georgia, the sex offender registration statute requires registration for life. However, depending on several factors, you may file a petition to be removed from the sex offender registry. You should contact an experienced criminal defense lawyer to help you navigate this process, ensure your legal rights are protected, and petition the court.

When Can I Request to Be Removed From the Sex Offender Registry?

Before 2010, sex offenders were prohibited from petitioning for removal until 10 years after completing their prison sentence, parole, supervised release, and probation. However, in 2010, a law was passed that allowed those classified by Georgia’s Sex Offender Registration Review Board (SORRB) to petition for removal from the registry immediately after completing their prison term, parole, supervised release, and probation, provided they are a Level 1 offender, which is considered to be at low risk of committing another sex crime.

How Do I Know if I am a Candidate for Sex Offender Removal in Georgia?

To petition for removal from the sex offender registry, you must fall into one of the following four groups:

Petitioning the Court for Removal

The first step is to petition the court in the jurisdiction where you were convicted. If you are granted a hearing, a judge will determine whether you can be removed from the registry and consider whether you pose a threat to the community. You will only be released from registration requirements if there is a preponderance of evidence that it is highly unlikely that you will engage in a dangerous sexual offense in the future. The court will issue a decision, which may involve releasing you from all registration requirements, rejecting your petition, or releasing you from some restrictions but not others.

Our Savannah Criminal Defense Lawyers at Kicklighter Law Advocate for Clients Who Want to Be Removed From the Sex Offender Registry

If you were convicted of a sex crime and meet the qualifications to be removed from the sex offender registry, contact our Savannah criminal defense lawyers at Kicklighter Law. To schedule a consultation, call us at 912-754-6003 or contact us online. Located in Springfield, Georgia, we serve clients in Effingham County, Savannah, and the surrounding areas.

According to the Fourth Amendment of the United States Constitution, law enforcement officers are prohibited from conducting unreasonable searches and seizures. That means that if you are suspected of engaging in criminal activity, law enforcement may not search your home, vehicle, or other property without an official court-issued search warrant. To secure a warrant, the police officer must show probable cause for obtaining the warrant. However, a warrant is unnecessary in some situations, and the evidence obtained can be used against you.

 If the search and seizure was done illegally, the evidence obtained may not be admissible in court, and you may take legal action for a violation of your civil rights. A criminal defense lawyer will determine whether the search and seizure was warranted and recommend the most effective defense strategy.

Are There Circumstances When a Search Warrant Is Not Required?

In most cases, a law enforcement officer must obtain a search warrant to perform a search. However, there are circumstances where an officer may conduct a warrantless search, including the following:

• You consent to the search. If you agree to allow the police officer to search your home, vehicle, or property, they may proceed with the search without a warrant. However, you have the legal right to refuse the request. Often, people give consent because they do not think they have a choice. Law enforcement may not threaten or promise any benefit or reward in exchange for your consent.
• There are weapons, drugs, paraphernalia, or other suspicious items in plain view. A police officer does not need a warrant if they observe illegal contraband from a legal vantage point.
• Illegal items are found during a stop-and-frisk. This allows police officers to ensure that a suspect is not armed. Any unlawful items found during this process may be confiscated.
• If you try to escape police custody after committing a crime, police may search the area for weapons or contraband that may have been concealed or abandoned.
• Police generally may search you if it is part of a lawful arrest. However, not all arrests are lawful, so you may be able to challenge a warrantless search. A criminal defense lawyer can assist you with this process.
• If an officer detects alcohol or marijuana at a DUI checkpoint stop, you may be required to submit to a field sobriety test. If you are arrested for a positive test, your vehicle may be impounded and the contents may be searched.

Savannah Criminal Defense Lawyers at Kicklighter Law Represent Clients in Cases Involving Unwarranted Search and Seizures

If you were charged with a crime and law enforcement conducted an unwarranted search and seizure, you are urged to contact our Savannah criminal defense lawyers at Kicklighter Law. We will thoroughly review the details of your case. To schedule a consultation, call 912-754-6003 or contact us online. Located in Springfield, Georgia, we serve clients in Effingham County, Savannah, and the surrounding areas.

Domestic violence is a serious crime that may result in penalties ranging from steep fines and restraining orders to mandatory prison sentences. The laws against domestic violence and the penalties imposed are meant to prevent abusive behavior and protect survivors of this type of abuse. However, not all accusations of domestic violence are true, and a false claim can have devastating personal, legal, and financial consequences for the accused.

Several reasons may cause someone to falsely accuse another person of domestic violence, including the following:

• Retaliation or revenge: In some cases, a spouse or domestic partner may make a false accusation of domestic violence in an effort to retaliate for the relationship ending, suspected infidelity, or other perceived wrongs.
• Seeking advantage in divorce or custody proceedings: Divorce can bring out the worst in people, and if one spouse does not want a divorce or is unhappy with the proposed alimony or custody agreement, they may resort to making a false accusation of domestic violence.
• Mental health issues: If a spouse or partner is suffering from a mental health issue, they may make a false accusation based on delusions, hallucinations, or other symptoms of their mental illness.
• Seeking attention: In some cases, an individual may falsely accuse their spouse or partner of domestic violence to seek attention, sympathy, or support from others.

If you were falsely accused of domestic violence, it is crucial that you have a skilled criminal defense lawyer on your side who will protect your legal rights.

You should take the following steps with help from your lawyer:

• Gather evidence: Collect any evidence that may help support your case. This may include photographs, text message emails, and other documentation that can help prove your innocence.
• Present your side of the story: Provide a clear and consistent account of what happened, and stay calm and composed. Avoid exaggerating facts or making false statements, which can harm your credibility.
• Present character witnesses: If you have friends, family members, colleagues, or anyone else who can testify to your character and help counter the false accusations, they can present their testimony in court.
• Challenge the accuser’s credibility: If the statement provided by the accuser is inconsistent or based on unreliable information, you can challenge their credibility.
• Consider possible defense strategies: Some strategies may be more effective depending on the circumstances. Your criminal defense lawyer will recommend the best course of action.

Savannah Criminal Defense Lawyers at Kicklighter Law Represent Clients Who Are Falsely Accused of Domestic Violence

If you were falsely accused of domestic violence, contact our Savannah criminal defense lawyers at Kicklighter Law as soon as possible. These are serious charges, and we can work tirelessly to examine the case details, address your questions and concerns, and recommend the best defense strategy. To schedule a free consultation, call 912-754-6003 or contact us online. Located in Springfield, Georgia, we serve clients in Effingham County, Savannah, and the surrounding areas.

If you have been charged with a crime, you may face penalties ranging from fines to a prison sentence. This can be an extremely overwhelming experience, particularly if you face severe penalties for a felony offense. To ensure that your legal rights are protected, it is crucial that you have a highly skilled and experienced criminal defense lawyer on your side. 

Whether this is your first offense or you have been charged with a crime, you may be unsure about your next steps. The most important step is to find a criminal defense lawyer.

The following are questions you should ask prospective criminal defense lawyers:

• How long have you been practicing criminal law? It is recommended that you work with an attorney with years of experience handling criminal law cases. An experienced lawyer will have a better understanding of the legal system, how other lawyers, judges, and prosecutors operate, and the legal strategy that will be most effective in your case.
• Do you focus primarily on criminal law? In addition to having years of legal experience, it is essential that you work with a lawyer who focuses on criminal law. This means that they are going to be more familiar with the criminal court system, specific judges, and the legal strategies that are going to be the most effective.
• How many trials have you handled? A skilled criminal defense lawyer is more likely to have handled several cases, which means they will be better at opening and closing arguments, jury selection, and other essential elements in a criminal case.
• What defense strategies will you pursue? An experienced criminal defense lawyer will review your case, identify things that the officer may have done wrong, discuss the defense strategies that are available to you, and recommend the strategy that will result in the best possible outcome.
• How do you communicate with clients? Your criminal defense lawyer should communicate with you and provide case updates regularly. If there is a lack of communication or you do not feel your case is getting the attention it deserves, it is in your best interest to consider looking for new legal representation. 

What Are the Other Steps?

If you have been charged with a felony, you must appear for several court dates, including an arraignment, where you are notified about the charges and allegations against you.

The next step involves scheduling plea dates where you can negotiate your case with the district attorney. You will eventually be set for a pre-trial calendar, where you will discuss whether you want a bench trial or a jury trial.

Once this process is complete, there will be a conviction or an acquittal. Sentencing will occur if there is a conviction.

Savannah Criminal Defense Lawyers at Kicklighter Law Represent Clients Facing Criminal Charges

If you are facing criminal charges, do not hesitate to contact our Savannah criminal defense lawyers at Kicklighter Law. We will thoroughly review your case details and ensure your legal rights are protected. To schedule a consultation, call 912-754-6003 or contact us online. Located in Springfield, Georgia, we serve clients throughout Effingham County, Savannah, and the surrounding areas.

Being charged or arrested for a crime can be an extremely stressful and upsetting experience. While it is essential that you cooperate with law enforcement during an arrest and an investigation, it is also essential to understand that you have legal rights during every stage of the criminal process.

If you are arrested, police may not use excessive force during the arrest process. However, what counts as excessive force will depend on the nature of the crime committed and the circumstances of the “use of force” laws where you were arrested. According to Georgia law, a police officer can only use force if necessary to make an arrest.

During an arrest, you have the following legal rights:

• You have the right to ask the arresting officer for identification, including the police officer’s name and badge number.
• You have the right to be informed of the crime you are charged for.
• You do not have to allow police to search your home or vehicle if they do not have a search warrant. However, police have the legal right to search you or the person being arrested and the area within the arrested person’s reach to protect a suspect from escaping or destroying evidence.
• You have the right to remain silent.
• Once arrested, you have the right to make a phone call.

What Rights Do I Have When Being Questioned by Police?

The Fifth Amendment of the U.S. Constitution states that you can remain silent when being questioned by police if answering would incriminate you. Police must also issue a Miranda warning, which states the following:

• You have the right to remain silent.
• Anything you say can and will be used against you in court.
• You have the right to an attorney and to have them present while being questioned.
• If you cannot afford an attorney, one will be appointed to represent you.
• You can stop the interview at any time.

What if My Rights Have Been Violated?

If you feel that your legal rights have been violated during an arrest or while being questioned by police, you should not argue, resist, run away, or obstruct the officer, even if you are innocent. This may harm your case going forward. Write down everything you can remember about your interaction with the officer, including their name, badge number, and vehicle license plate number.

If you were injured, seek immediate medical attention for your injuries. You should contact an experienced criminal defense lawyer who can protect your legal rights and assist you with a formal complaint as soon as possible.

Our Savannah Criminal Defense Lawyers at Kicklighter Law Represent Clients Who Are Facing Criminal Charges

Our Savannah criminal defense lawyers at Kicklighter Law can protect your legal rights if you have been charged with a crime. If your rights were violated in any way, we can help. To schedule a confidential consultation, call us today at 912-754-6003 or contact us online. Located in Springfield, Georgia, we serve clients in Effingham County, Savannah, and the surrounding areas.

If you face shoplifting charges, penalties can range from fines, community service, probation, and even jail time, depending on the value of the stolen merchandise. In addition to the criminal charges, the store owner may file a civil lawsuit against you for the losses and damages they incurred due to the theft. While shoplifting charges are taken very seriously in Georgia, it is possible to contest the charges. Several defenses can be used to contest a shoplifting charge successfully. A skilled criminal defense lawyer will review the charges brought against you, recommend the most effective defense strategy, and ensure that your legal rights are protected every step of the way.

What Is Considered Shoplifting in Georgia?

In Georgia, shoplifting – also referred to as “theft by shoplifting” – occurs when an individual takes merchandise or store property without paying. The following acts are considered shoplifting:

• Conceal or take control of a store’s property.
• Change the price tag on any inventory in the store.
• Move merchandise from one container to another.
• Move a price tag from a less expensive product to a more expensive item.
• Wrongfully causing the amount you pay for an item to be less than the store owner’s stated price.

What Are the Penalties for Shoplifting in Georgia?

The penalties you will face for a shoplifting charge will depend on the value of the stolen item. For example, if the item is worth $500 or less, it is considered a misdemeanor offense and may involve a fine of up to $1,000 and up to one year in jail. Repeat offenses come with harsher penalties, including mandatory fines and longer prison sentences. Shoplifting property valued at less than $500 with three or more prior convictions is considered a felony. Depending on the circumstances of the case, the penalties can include one to 10 years in prison, with the first year being mandatory.

If the value of the stolen property is more than $500, this is considered a felony offense, which means you could face steep fines and one to ten years in jail. The penalty will be at the court’s discretion. You may also face civil charges if the store owner seeks compensatory damages. Whether you are facing misdemeanor or felony shoplifting charges, it is recommended that you contact an experienced criminal defense lawyer as soon as possible.

Savannah Criminal Defense Lawyers at Kicklighter Law Represent Clients Facing Shoplifting Charges

Contact our Savannah criminal defense lawyers at Kicklighter Law if you have been charged with shoplifting. We can review the charges brought against you, address all of your questions and concerns, and recommend the defense strategy. To schedule a consultation, call us today at 912-754-6003 or contact us online. Located in Springfield, Georgia, we serve clients in Effingham County, Savannah, and the surrounding areas.

If you have been charged with a crime and you have no criminal history, you may be able to have the charges against you reduced to a lesser charge or dropped, depending on the case’s circumstances and the crime’s severity. However, if you have a previous conviction and are facing new charges, evidence of a criminal history can negatively impact your case.

While you can take steps to prevent certain individuals from having access to your criminal records by having them restricted, law enforcement can access those records at any time, including any past convictions.

Second or third offenses can often be charged as felony offenses, with more severe penalties or a longer prison sentence. While you may be able to negotiate a plea deal if this is your first offense, prosecutors are less likely to be lenient if you are a repeat offender.

What Common Mistakes Should I Avoid if I Was Charged With a Crime?

If you have been charged with a crime in Georgia, it is recommended that you discuss your case with an experienced lawyer who can review the details of your case, including any previous charges that have been brought against you. Whether you have a criminal record or not, the prosecutor must prove your guilt. If there is not sufficient evidence of your guilt, you cannot be convicted of a crime.

While the prosecution must meet the burden of proof, do not assume you will avoid a conviction if the case goes to trial, particularly if you have a criminal record. The prosecution will certainly bring this up and point to a pattern of criminal behavior.

In Georgia, the penalties for a misdemeanor include fines of up to $1,000 and 12 months in jail, and a penalty for a felony offense can range from one year in prison to the death penalty, depending on the severity of the crime. A conviction can also hurt your ability to secure employment, a loan, or gain custody of your children.

The criminal justice system is complicated under any circumstances. If you are facing criminal charges and have a previous conviction, the biggest mistake you can make is to handle the case on your own. An experienced lawyer will determine the nature of your charges, examine your previous conviction, and recommend the most effective defense strategy.

Savannah Criminal Defense Lawyers at Kicklighter Law Represent Clients Who Are Facing Criminal Charges

If you have been charged with a crime and you have a previous conviction on your record, it is recommended that you contact our Savannah criminal defense lawyers at Kicklighter Law at your earliest convenience. To schedule a consultation, call us today at 912-754-6003 or contact us online. Located in Springfield, Georgia, we serve clients in Effingham County, Savannah, and the surrounding areas.

If you are in a position where you feel threatened by the actions of another person, you may believe that it is well within your rights to defend yourself, even if that means using deadly force. While there are situations where deadly force is warranted in Georgia, there are criteria that must be met for your actions to be justified.

The self-defense argument can be challenging to prove on your own, so it is highly recommended that a skilled and experienced criminal defense lawyer review your case’s details.

For you to justify the use of deadly force, two elements must be present. First, the danger to yourself or another person must be imminent. Second, you must reasonably believe that using force is necessary to prevent significant bodily injury or death to you or another person. This means you have a legal right to use force to defend yourself or another person if your safety is threatened. However, it does not mean you can resort to violence simply because you were involved in a verbal altercation and offended by what the other person said.

Can I Use Force to Protect My Home?

According to Georgia Code § 16-3-23, the use of force may be justified if you reasonably believe it is necessary to prevent another person from unlawfully entering your home and causing severe injuries or death to you or other people in the house. Deadly force is only justified if the person entering your home becomes violent, is not someone you would expect to enter the home, and the only way to prevent the attacker from causing severe injuries or fatalities is to resort to deadly force. A jury will determine whether your use of force was reasonable based on the circumstances of the case and the evidence provided.

When Is a Self-Defense Argument Not Justified?

While you are well within your rights to defend yourself or another person if an attacker threatens to cause serious injuries or death, there are situations where the use of force is unjustified. You must be aware of these situations, as the self-defense argument will not be an effective strategy. The following are examples of scenarios where you may not resort to using deadly force to defend yourself:

• You may not provoke another person to use force against you with the intent to use that as an excuse to inflict bodily harm upon another person.
• Using force may not be justified if you attempt to commit or flee the scene after committing a felony.
• You were the aggressor in an alternation or engaged in mutual combat.  You may be able to claim self-defense if you withdrew from the altercation and clearly communicated your intention to do so, but the other person continued to threaten you.

Savannah Criminal Defense Lawyers at Kicklighter Law Assist Clients With Self-Defense Strategies

If you are facing criminal charges for using force to defend yourself or others, you are urged to contact our Savannah criminal defense lawyers at Kicklighter Law. To schedule a consultation, call us today at 912-754-6003 or complete our online form. Located in Springfield, Georgia, we proudly serve clients in Effingham County, Savannah, and the surrounding areas.