How Do Field Sobriety Tests Work?

Field sobriety tests are a set of physical and cognitive assessments that law enforcement officers use to determine whether a driver may be impaired by alcohol or other substances. These tests are often performed at the scene when a driver is suspected of Driving Under the Influence (DUI). Below are answers to common questions about how these tests work.

What Are the Standard Field Sobriety Tests?

These tests are standardized by the National Highway Traffic Safety Administration (NHTSA):

  • The Horizontal Gaze Nystagmus test measures involuntary jerking of the eyes, which can become more pronounced when a person is intoxicated. The officer instructs the driver to follow a moving object, such as a pen or flashlight, with their eyes.
  • The Walk-and-Turn test assesses balance, coordination, and the ability to follow instructions. The driver is asked to take a specified number of steps, heel-to-toe, in a straight line, turn around, and return in the same manner.
  • The One-Leg Stand test requires the driver to raise one leg off the ground, hold it for a certain period, and count out loud. This test evaluates balance and concentration, both of which can be affected by intoxication.

In certain situations, officers may use non-standardized tests or alternative methods to assess impairment. These are less common and are generally not as widely accepted as the standardized tests approved by the NHTSA. Examples include asking drivers to recite the alphabet or count backward.

How Accurate Are Field Sobriety Tests?

The NHTSA established the standardized tests to improve accuracy, but they are not infallible. Studies show that the ‘Horizontal Gaze Nystagmus test’ is considered the most reliable, with an accuracy rate of around 77% in identifying drivers with a Blood Alcohol Content (BAC) above the legal limit. The ‘Walk-and-Turn test’ is estimated to be around 68% accurate, while the ‘One-Leg Stand test’ has an accuracy of approximately 65%.

Environmental conditions, such as poor lighting or an uneven surface, may affect a driver’s performance on the tests. Physical limitations, age, or medical conditions unrelated to intoxication can also interfere with a driver’s ability to complete the tasks as instructed. Therefore, while field sobriety tests are often used as part of the process to assess impairment, they are not absolute indicators and can be challenged in legal proceedings.

Can Drivers Refuse to Take Field Sobriety Tests?

In Georgia, drivers are not legally required to take field sobriety tests. Refusing these tests, however, may still lead to arrest if the officer believes there is probable cause. It is important to understand that while field sobriety tests can contribute to an officer’s decision to request further testing or make an arrest, they are not definitive proof of impairment and can be challenged in court if necessary.

What Happens if a Driver Fails the Field Sobriety Tests?

Georgia’s current legal limits for Blood Alcohol Concentration (BAC) are:

  • Drivers under 21: 0.02%
  • Drivers over 21: 0.08%
  • Commercial drivers: 0.04%

Failing a field sobriety test may lead to further investigation, including possible arrest and a request for further testing. If those reveal a blood alcohol content over the legal limit, that evidence may be used in court. However, these results can also be challenged in legal proceedings. A criminal defense lawyer might question whether the officer correctly administered the tests, if environmental factors affected performance, or if other factors impacted the results.

How Can a Lawyer Help After a Field Sobriety Test?

If you or a loved one was arrested after a field sobriety test, consulting a lawyer may be beneficial. They can examine the circumstances of the arrest, analyze the administration of the tests, and assess the overall legality of the stop. Our Savannah criminal defense lawyers work to identify any potential defenses, such as procedural errors, factors affecting test accuracy, or issues with the validity of the probable cause used by the officer.

The Savannah Criminal Defense Lawyers at Kicklighter Law Represent Clients Facing Charges Related to Field Sobriety Tests and DUI

Reach out to the trusted Savannah criminal defense lawyers at Kicklighter Law to learn how we might assist with your defense. To schedule an initial consultation, call our Springfield, Georgia, office at 912-754-6003 or contact us online. We gladly serve clients in Effingham County, Savannah, and the surrounding areas.

How Are Penalties for Theft Convictions Determined?

If you have been charged with a theft crime in Georgia, you could be facing penalties ranging from steep fines to a lengthy prison sentence. There are a number of theft crimes in Georgia, and the penalty imposed will depend on a range of factors, including the value of the stolen property and the method of the theft. Regardless of the crime that you have been charged with committing, it is imperative that you have an experienced theft crime lawyer on your side who will examine the charges that have been brought against you, review the evidence available, and recommend the defense strategy that will secure the best possible outcome for your case.

What Are the Different Types of Theft Crimes in Georgia?

The word theft covers a range of crimes, from minor misdemeanors to more serious felony theft crimes. The following are examples of the most common theft crimes in Georgia:

  • Shoplifting: If you steal goods or merchandise from a store without paying for it or alter the price tag so that you pay less than what the item costs, you could be charged with shoplifting. A shoplifting offense involves stolen property that is worth $500 or less. If this is your first offense, the penalties include fines of up to $1,000, up to 12 months in jail, or both. If the value of the stolen item is more than $500, the crime becomes a felony offense, which has much harsher penalties, including up to 10 years in prison.
  • Larceny, or theft by taking: This is a theft crime that involves unlawfully taking or appropriating another person’s property with the intention of depriving the owner of the property. Depending on the value of the stolen property and the circumstances surrounding the crime, theft by taking may be classified as a misdemeanor or a felony. For example, if the stolen property is valued at up to $1,500, it will likely be charged as a misdemeanor. However, if the value of the stolen property is more than $1,500, it may be considered a felony, which has increased penalties, including a possible prison sentence.
  • Theft by deception: This is a serious theft crime that involves obtaining another person’s property by using deception, trickery, or fraudulent means. This can include concealing information, misrepresenting facts, or promising services that you have no intention of providing. Like theft by taking, the penalties for theft by deception will depend on the value of the property that is stolen. For example, if the property is valued at $1,500 or less, the crime is considered a misdemeanor. A theft by deception is considered a felony offense if the stolen property is valued at over $1,500.
  • Theft by conversion: This is a type of white-collar crime that occurs when someone unlawfully obtains possession of another person’s property and uses it for their own purposes without the property owner’s permission. Theft by conversion crimes are often committed by someone who has been with property but uses it in an unauthorized manner.
  • Theft of services: This type of theft crime occurs when someone obtains services without paying for them. Common examples include leaving a restaurant without paying for your meal, riding public transportation without purchasing a ticket, or obtaining cable or Wi-Fi services illegally. Penalties will depend on the value of the service that was stolen.

What Factors Determine the Penalty for a Theft Crime?

As mentioned, there are a number of factors that will determine the penalty for a theft crime. For example, if the value of the stolen property is less than $1,500, it will likely be considered a misdemeanor. The penalties include fines of up to $1,000 or a jail term of up to one year. If the stolen property is valued between $1,500 and $5,000, the theft crime is considered a felony that is punishable by a jail term of up to five years, although the judge presiding over the case has the discretion to charge the crime as a misdemeanor. The same penalty applies if the stolen property is valued between $5,000 and $25,000. However, if the value of the stolen property is $25,000 or more, it will be treated as a felony, which comes with a penalty of up to 20 years in prison.

In addition to fines and prison sentences, you could face additional consequences if you are charged with a theft crime. For example, the person you stole from could file a civil lawsuit against you and seek monetary damages, including the following:

  • Compensatory damages, which include the value of the property and other losses incurred as a result of the theft
  • Liquidated exemplary damages of up to $150 or twice the value of the loss, provided the total amount of the claim is under $5,000
  • Legal and court costs associated with the lawsuit

What Are Examples of Effective Defense Strategies for Theft Crimes?

The prosecution has the burden of proving – beyond a shadow of a doubt – that you are guilty of a theft crime. There are a number of different defense strategies that your theft crime lawyer may recommend that will either prove that you are innocent or establish reasonable doubt. The following are examples of effective defense strategies for theft crimes:

  • Lack of intent: If you believe that you had a right to the property in question or that you took the property by mistake, you may be able to prove that you had no intention of depriving the owner of their property.
  • Challenging evidence: Your theft crime lawyer will thoroughly review all of the evidence available to determine if there are any weaknesses in the prosecution’s case. For example, your lawyer may question the legality of the search and seizure procedures or the reliability of a witness’s testimony. If there is insufficient evidence to prove that you committed the crime, your lawyer may recommend this defense strategy.
  • Mistaken identity: If you can prove that you were wrongly identified as the person who committed the theft crime, and you have a strong alibi that you were somewhere else when the crime occurred, this may be an effective defense strategy.
  • Negotiating plea deals. In certain circumstances, your lawyer may be able to negotiate a plea deal that will result in a reduced charge or less severe penalties.
  • Entrapment. Entrapment occurs when a law enforcement official or a government agent convinces you to commit a crime that you would not have otherwise committed. If you can prove that you committed a theft crime under these circumstances, this may be an effective defense strategy.
  • False accusation: If the charges against you are motivated by personal animosity or ulterior motives, and you have evidence to prove that this is the case, you may pursue this line of defense.
  • Duress or coercion: While this is similar to entrapment, coercion involves the use of threats or force to pressure you to do something against your will.

The Savannah Theft Crime Lawyers at Kicklighter Law Represent Clients Facing Theft Charges

If you or someone you know has been charged with a theft crime, it is highly recommended that you contact the Savannah theft crime lawyers at Kicklighter Law at your earliest convenience. We will thoroughly review the charges that have been brought against you, the evidence available, and the value of the property that was stolen. Our dedicated legal team will determine the most effective defense strategy that will protect your legal rights and secure the best possible outcome for your case. To schedule a confidential consultation, call us today at 912-754-6003 or fill out our online form. Located in Springfield, Georgia, we serve clients in Effingham County, Savannah, and the surrounding areas.

When Are Landlords Criminally Liable for Sexual Assaults in Apartment Complexes?

In apartment complexes, landlords bear significant responsibility for ensuring the safety and security of their tenants. While landlords are typically held accountable in civil courts for negligence or failing to maintain safe premises, there are rare circumstances where their inaction or decisions may rise to the level of criminal liability.

Criminal vs. Civil Liability for Landlords

Criminal liability involves a landlord facing prosecution by the state for actions or omissions that contributed to a crime, such as sexual assault. This differs from civil liability, where tenants may sue landlords for monetary damages in cases of negligence. For criminal charges, the prosecution must prove that the landlord’s actions—or failure to act—were intentional, reckless, or grossly negligent to the point of endangering tenant safety.

When Does a Landlord’s Responsibility Turn Criminal?

Although rare, landlords may be criminally liable if their actions directly or indirectly facilitate a sexual assault. Examples include:

  • Failure to Address Known Threats: If a landlord is aware of a tenant or employee with a history of violent or sexual misconduct and does nothing to address the issue, they may face criminal charges if that individual assaults another tenant.
  • Deliberate Disregard for Tenant Safety: Criminal liability may arise when a landlord knowingly ignores unsafe conditions, such as broken locks, insufficient lighting, or faulty security systems, especially after repeated tenant complaints. Prosecutors may argue that such gross negligence recklessly endangered tenants’ lives.
  • Enabling Criminal Behavior: Landlords who intentionally facilitate or ignore illegal activities, such as drug use or human trafficking on their property, may face charges if these activities contribute to an environment where sexual assaults occur.

What Must Prosecutors Prove?

To hold a landlord criminally liable, prosecutors must establish:

  • A Duty of Care: Landlords owe tenants a duty to maintain reasonably safe premises.
  • Breach of Duty: The landlord’s actions or omissions must constitute a violation of that duty.
  • Causation: Prosecutors must show that the landlord’s failure directly contributed to the assault.
  • Intent or Recklessness: The landlord’s behavior must be more than mere negligence—it must demonstrate a willful disregard for tenant safety.

Landlord Defense Strategies in Criminal Cases

Facing criminal charges as a landlord is a serious matter. Savannah criminal defense lawyers can employ various defense strategies, such as:

  • Challenging Evidence: Proving causation is often difficult. A landlord’s defense may focus on disputing claims that their actions or inactions directly led to the assault.
  • Lack of Intent: The defense may argue that the landlord’s failure to act was not reckless or intentional but rather an oversight or misunderstanding.
  • Third-Party Liability: Landlords are not typically held liable for criminal acts of third parties unless they have prior knowledge of the threat.

Protecting Your Rights as a Landlord

If you are a landlord facing criminal allegations related to tenant safety, it is crucial to secure experienced legal representation. Savannah criminal defense lawyers can analyze the facts, protect your rights, and work to build a strong defense.

Contact the Savannah Criminal Defense Lawyers at Kicklighter Law for Skilled Criminal Defense

At Kicklighter Law, we understand landlord-tenant law and criminal liability complexities. The skilled Savannah criminal defense lawyers are here to help. Call us at 912-754-6003 or contact us online for a consultation. Located in Springfield, Georgia, we serve clients in Effingham County, Savannah, and the surrounding areas

What Are the Penalties for Underage DUI? 

Drinking and driving do not mix. Some drivers simply take more risks than others. While some drivers allocate a designated driver when planning to drink alcohol, other drivers are willing to take risks, and no age group takes more risks than that of teenagers and young adults, even when driving. Drivers under the age of 21 simply do not have the maturity or experience to always make the right decisions, especially when it comes to the newly found thrill of driving a car. Unfortunately, too many drivers under the age of 21 learn the hard way.

In a report by the National Highway Traffic Safety Administration (NHTSA), nearly 2,400 teenage drivers lost their lives while driving in 2019. According to another report by the NHTSA, more than 2,000 drivers in the same year were killed in car accidents involving a teenage driver between 15-18 years of age.  

For numerous underage drinkers who are fortunate enough to be pulled over by a police officer rather than suffer a serious car accident, the consequences of their actions could be major. All states have serious penalties for drinking and driving, and Georgia is no different.  Drinking and driving is a dangerous proposition despite the age of the driver, but because underage drinking and driving is potentially more dangerous than for any other age group, and because people under the age of 21 should not be drinking at all, the threshold for what is considered driving under the influence (DUI) is considerably lower for drivers under the age of 21 than for drivers 21 years and older.

How Do States Establish What Determines Drunk Driving?

The only sure way for the law to outright prove drunk driving is to do it scientifically. Every legal system when it comes to establishing what defines drunk driving uses what is called blood alcohol content (BAC), also called blood alcohol concentration or blood alcohol level.  

BAC is the amount of alcohol that is in your blood, or rather, it is the ratio of alcohol in your blood. The ratio is based on the amount of alcohol present per 100 milliliters (ml) of blood. For example, a BAC of .10% is one part alcohol per 1,000 parts of blood. To place it into perspective, if you have a BAC of .08%, you have 80 mg of alcohol per 100 ml of blood in your body.  

What Is the Legal Limit for Drinking and Driving?

The legal limit for drivers 21 years of age and older in the state of Georgia is a BAC of .08%. That means that it is illegal for you to drive if your BAC is .08% or over. For drivers under the age of 21, which is the minimum age you can be to legally drink alcohol, the legal limit is .02%. That means that one alcoholic beverage could place you in danger of exceeding the legal limit.

How Can You Tell If You Have Had Too Much to Drink?

Tracking your drinking depends on your knowledge of alcohol and other factors. First, you should understand what defines a standard alcoholic beverage. This can be used to determine what your liver can process without you exceeding the legal limit. The liver, on average, can process one standard drink per hour. 

The standard drink is 12 ounces of beer, five ounces of wine, or 1.5 ounces of liquor. Remember that the alcohol content for beer and wine differs accordingly. Next, you need to factor in the variables. These include the amount of alcohol you are consuming, the time span in which you are consuming your drinks, the amount of food you have eaten, your age, your gender, and your weight.

In practical terms, a 165-pound man who has consumed four standard beers in one hour has a BAC of approximately 0.082%. A 130-pound female who has consumed the same amount in the same amount of time has a BAC of about 0.123%.  

Remember that alcohol is absorbed through muscle tissue, not fat. Thus, the more fat in your body, the higher your alcohol content will be. This is helpful because people who are in good physical condition will tend to have less body fat; thus, they will have a lower BAC.

It is important to remember that men and women have different body types. Women, on average, have a fat percentage of between 18% and 20%, whereas men, on average, have a fat percentage of between 10% to 15%. In general, men’s bodies contain more body water, enabling them to dilute more alcohol.  

What Are the Penalties for a DUI If You Are Underage?

It is first important to remember that if you are under the age of 21 and are caught driving drunk, you may be charged with more than one offense. These include driving under the influence, underage DUI, and illegal possession of alcohol.

For a first offense, an underage DUI carries with it a mandatory license suspension of 30 days; in some cases, it could be as high as six to 12 months, depending on your BAC. You will pay in fines anywhere from $300 to $1,000. You will serve at least 24 hours in jail and will be sentenced to probation or community service.  

You will have to be on probation for a period of 12 months, which means that you will have to report to probation once a month and be subjected to random drug and alcohol screenings. The judge will also order you to complete an alcohol treatment program of some sort.   

The worst part of being convicted with a DUI is that you will be charged with a misdemeanor, which means a criminal record. This could be damaging when looking for a good job. Your insurance rates are also sure to go up.  

For subsequent offenses, the penalties for a drunk driving conviction are relevant to that of someone who is 21 years of age or older. If you are a multiple offender, you could lose your license anywhere from 18 months to five years.

A second offense within a 10-year period is a misdemeanor that carries a minimum of a $600 fine, 72 hours to 12 months in jail, and a minimum of 30 days of community service.

A third offense within a 10-year period is a high and aggravated misdemeanor, with a fine of $1,000 to $5,0000, 15 days to 22 months in jail, and a minimum of 30 days community service.

Do You Have to Submit to a Breathalyzer Test?

A police officer is going to read to you an implied consent notice. This is to inform you that if you refuse to take a blood test, it will be used against you in a court of law. What this means is that the state will assume that you would have failed the test had you taken it. This, however, could leave your lawyer some options.

What Is a Defense Against a DUI?

A DUI is a serious charge. Georgia is a zero-tolerance state, which means that it does not forgive you under any circumstances if you are caught drunk driving. A DUI charge, however, is not unbeatable. For a DUI charge to stick, a prosecutor must prove guilty beyond a reasonable doubt.

 A defense lawyer will set out to question how the breathalyzer test was administered and the reason you were pulled over. It could be found that the traffic stop was illegal, and that would make any evidence thereafter inadmissible.

Also, breathalyzers are not accurate to a scientific certainty. If you are asked to take a breathalyzer test on the road, do not take it; you are going to get charged anyway for refusing, but if you fail the test, your chances of winning just deceased.  

You should also refuse a roadside sobriety test, which is in reality considered completely unscientific and ludicrous. Remember that a breathalyzer test has a .02 margin of error, which is the reason that Georgia has a zero-tolerance policy.

The Savannah Criminal Defense Lawyers at Kicklighter Law Represent Those Charged with Underage Drinking and Driving

If you have been charged with a DUI and are under the age of 21, you need to hire a lawyer immediately. Our experienced Savannah criminal defense lawyers at Kicklighter Law will fight hard to get you the best possible outcome. 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.  

Can I Be Sent to Jail If I Am Convicted of Assault?

Oftentimes, people use the terms assault and battery interchangeably, or lump the charges together. However, in Georgia, they are two separate offenses. In addition, both assault and battery are broken down into two categories, including simple and aggravated offenses. If you are facing an assault conviction, the penalties will vary based whether the assault was simple or aggravated, and whether the assault included battery. Whether you were convicted of a simple assault or aggravated assault and battery, you could face a prison sentence, although the length of the prison term will depend on the severity of the crime. An experienced criminal defense lawyer will review the charges that have been brought against you, ensure that your legal rights are protected, and recommend the most effective defense strategy.

What Constitutes an Assault in Georgia?

While the definition of assault varies by state, in Georgia, an assault is when an individual acts in a way that causes the threat of bodily harm to another person. In other words, assault is the threat of battery, which occurs when actual bodily harm is done to another person. Physical contact is not necessary in order for an assault to take place. For example, if you got into a heated argument with another person, and you threatened to break their arm, this would be considered assault. There are two types of assault, including the following:

  • Simple assault: In Georgia, a simple assault occurs when someone attempts to commit a violent injury to another person, or commit an act that places another person in reasonable apprehension of immediately being injured.
    In order for someone to be charged with assault, the prosecution must be able to prove that the victim had a reasonable fear of being harmed. However, this can be challenging to prove since different people have varying levels of fear based on their size, gender, and other factors. Ultimately, it comes down to whether a reasonable person in the same situation would have felt afraid if they had been subjected to the same threatening or intimidating behavior. No touching or physical contact is necessary to be considered simple assault. This is a misdemeanor offense.
  • Aggravated assault: This is a felony offense, which is a more serious crime that involves the threat of extreme violence or the use of a deadly weapon. The following offenses are considered aggravated assault:
    – An assault with the intent to murder, rape, or rob
    – Assault with a deadly weapon, object, or device that can cause another person serious bodily injury
    – Assault involving an object, device, or instrument that is likely to cause strangulation when used offensively against another person
    – Discharging a firearm when operating a motor vehicle and threatening to discharge the weapon toward another person
    – The assault victim is over the age of 65
    – The assault victim is pregnant

What Are the Penalties for Assault?

The penalties for an assault conviction will vary based on the nature and severity of the crime. For example, if you are convicted of a simple assault, this is a misdemeanor offense, the penalties for which may include up to $1,000 in fines and up to 12 months in jail. Depending on the details of your case, you may be given one year of probation or restitution payments, which involves making payments to the victim for any damages. Keep in mind that the judge will not consider whether you are in a financial position to be able to make these payments.

If you have been convicted of aggravated assault, this is a more serious crime that comes with more severe penalties, including the following:

  • Significantly more expensive fines
  • One to 20 years in prison
  • Restitution payments

What Are the Defense Strategies for an Assault Charge?

If you are facing assault charges, it is highly recommended that you contact an experienced criminal defense lawyer who will review the details of your case and determine the most effective defense strategy. The following are examples of defense strategies that your lawyer may recommend based on the circumstances of your case:

  • A threat to commit injury to another person in the future, not immediately: A warning of future harm is not sufficient to find a suspect guilty of assault.
  • The victim was not in reasonable apprehension of an assault: If you are able to prove that the victim was not in reasonable apprehension of assault, you cannot be convicted of the crime. It will be up to the jury to determine whether the victim was in reasonable apprehension.
  • Self-defense: In order to prove self-defense, you must be able to show there was a threat of unlawful force or harm against you, there was a reasonable basis for your fear of injury, you did not provoke the threat, and there was no chance that you could escape or retreat.
  • Defense of others: This is a viable defense strategy if you can prove you believed that another person was in danger of being harmed, and the victim believed they were in danger of being harmed.
  • Defense of property: An assault may be justified if the use of force was necessary to protect or defend your property.
  • Consent: An act cannot be considered assault if you had consent from the other person to commit the act unless the touching exceeded the intended amount.
  • Innocence: If you have an airtight alibi or a witness can prove that you could not have committed the crime, this is an effective defense strategy.

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

If you or someone you know is facing assault charges, do not hesitate to contact the Savannah criminal defense lawyers at Kicklighter Law. Our highly skilled legal team understands the impact that a conviction can have on your personal and professional life. We will conduct a thorough investigation into the circumstances of your case, the charges that have been filed against you, and the evidence available to determine the most effective defense strategy that will result in the best possible outcome and ensure that your legal rights are protected. 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.

What Are Legal Protections for Victims of Assault in Georgia?

If you have been charged with assault in Georgia, these are serious charges that come with severe penalties if you are convicted. Keep in mind, however, that just because you have been charged with a crime does not mean that you will be convicted. A highly skilled criminal defense lawyer can use various effective defense strategies to protect your legal rights and have the charges against you reduced or dropped. However, while an assault victim must be able to prove that the assault occurred, the Georgia Crime Victims Bill of Rights states that victims of certain crimes – including assault – are entitled to specific rights. To ensure that your legal rights are protected as you navigate assault charges, you contact an experienced criminal defense lawyer at your earliest convenience.

What Is Reasonable Apprehension in an Assault Case?

A simple assault occurs when someone either attempts to commit a violent injury to another person or commits an act that places another person in reasonable apprehension of being immediately injured. For someone to be charged with assault, the prosecution must be able to prove that the victim had a reasonable fear of being harmed. However, this can be a somewhat vague concept to prove, and apprehension in the mind of a reasonable person depends on the circumstances. Ultimately, it comes down to whether a reasonable person in the same situation would have felt afraid if they had been subjected to the same threatening or intimidating behavior.

Georgia Crime Victims Bill of Rights

According to the Georgia Crime Victims Bill of Rights, victims of assault and a range of other crimes have the following rights:

  • The right to reasonable, accurate, and timely notice of any scheduled court proceedings or any changes to such proceedings.
  • The right to reasonable, accurate, and timely notice of the arrest, release, or escape of the accused.
  • The right not to be excluded from any scheduled court proceedings except as provided by law.
  • The right to be heard at any scheduled court proceedings involving the release, plea, or sentencing of the accused.
  • The right to file a written objection in any parole proceedings involving the accused.
  • The right to confer with the prosecuting attorney in any criminal prosecution related to the victim.
  • The right to restitution as provided by the law.
  • The right to proceedings free from unreasonable delay.
  • The right to be treated fairly and with dignity by all criminal justice agencies involved in the case.

After a crime occurs and has been reported, law enforcement and court personnel must notify the victim of an assault of the following:

  • The possibility of the accused being released from custody before the trial.
  • Victims of assault have certain rights during the stages of the criminal justice system.
  • Victims have the right to refuse or agree to be interviewed by the accused, the accused attorney, or anyone who represents or contacts them on behalf of the accused.

Additional information about these stages can be obtained by contacting the relevant state and/or local agency or the Criminal Justice Coordinating Council. Victims may be eligible for monetary compensation for certain out-of-pocket losses incurred due to their victimization from the Georgia Crime Victims Compensation Program administered by the Criminal Justice Coordinating Council.

Our Savannah Criminal Defense Lawyers at Kicklighter Law Represent Individuals Facing Assault Charges

If you have been charged with assault, do not hesitate to contact our Savannah criminal defense lawyers at Kicklighter Law. While there is a wide range of legal protections for assault victims, our highly skilled legal team will ensure that your legal rights are protected and recommend the best defense strategy. To schedule a confidential consultation, call 912-754-6003 or contact us online. Located in Springfield, Georgia, we serve clients in Effingham County, Savannah, and the surrounding areas.

Will I Need to Register as a Sex Offender for the Rest of My Life?

In the State of Georgia, sex crimes are taken very seriously, and the penalties imposed on those who have been convicted of a sex crime are severe. In addition to steep fines and a prison sentence of up to 20 years, if convicted of a sex crime, you may be required to register as a sex offender. Depending on the circumstances, this penalty may be imposed for life. This can have a devastating impact on your reputation and your ability to seek employment and apply for a loan or a mortgage.

You may be able to have your name removed from the registry by filing a petition in court. However, several requirements must be met to be eligible for removal. An experienced criminal defense lawyer will review your case, assist you with removing you from the registry if you meet the legal requirements, and ensure that your legal rights are protected throughout the process.

What Is the Sex Offender Registry?

The sex offender registry is a list of individuals who have been convicted as sex offenders in a particular state. Depending on the jurisdiction, certain information about the offender is contained in the registry and is available to the public. In most cases, the public has access to the offender’s name, current address, offenses, and a photograph of the offender.

Once convicted, a sex offender must register with the sheriff’s office in the county where they live within 72 hours. If a convicted sex offender fails to register within the required amount of time, they will face severe penalties, including a prison term of one to thirty years for a first conviction and five to thirty years for a second conviction. Failing to register is a strict liability crime, and there is no leniency for offenders who forget to register on time, fail to check in with the sheriff, or claim that their failure to register was an accident or unintentional.

Who Is Required to Register as a Sex Offender?

According to Georgia law, any individuals that fall into the following categories must register with the state as a sex offender:

  • Any person who was convicted of a dangerous sexual offense on or after July 1, 1996.
  • Any person previously convicted of a criminal offense against a minor and was released from prison or placed on parole, supervised release, or probation on or after July 1, 1996.
  • Anyone who was previously convicted of a dangerous or sexually violent offense and is released from prison or placed on parole, supervised release, or probation on or after July 1, 1996.
  • Individuals who are a resident of Georgia who intend to reside in the state, and who were convicted under the laws of another state, under the Uniform Code of Military Justice, or in a tribal court of a sexually violent offense, a criminal offense against a victim who is a minor on or after July 1, 1999, or a dangerous sexual offense on or after July 1, 1996.
  • A nonresident who changes residence from another state to Georgia who is required to register as a sex offender under federal, state, territory, military, or tribal law, or who has been convicted in Georgia of a criminal offense against a victim who is a minor or any dangerous sexual offense.

Can I Be Removed From the Sex Offender Registry?

While you may petition the court to be removed from the sex offender registry, there is no guarantee that your petition will be approved. To be removed from the registry, you must first meet the following requirements:

  • You completed your prison term, supervised release, and probation for the offense that required you to register as a sex offender, and you are confined to a hospice care facility, a skilled nursing home, a residential care facility, or a nursing home, or you are totally and permanently disabled.
  • You were sentenced for a crime that became punishable as a misdemeanor on or after July 1, 2006.
  • You were required to register because you were convicted of kidnapping or false imprisonment involving a minor, and the offense did not involve a sexual offense against a minor or an attempt to commit a sexual offense against a minor.
  • You completed all prison, parole, and probation requirements.
  • Ten years have passed since you completed all the requirements or have been classified as a Level 1 risk assessment classification.

If you meet the eligibility requirements, you can file a petition for release with the Superior Court in the country where you were convicted or in the county where you live. Copies of the petition must be served to the district attorney and sheriff in both counties.

 In most cases, a sex offender will not have a risk assessment classification unless they have a recent conviction date. If you have not been classified by the Sex Offender Registration and Review Board (SORRB), the court will order the SORRB to conduct a risk assessment and classify your level of risk within 90 days. If you are classified as a Level 1 risk, your case will proceed to a removal hearing, where a judge will determine whether your name can be removed from the registry.

What Happens at the Removal Hearing?

A judge will determine whether there is a preponderance of evidence that you no longer pose a substantial risk of committing a dangerous sexual offense in the future. If the court is satisfied that there is little to no risk of re-offending, you may be completely removed from the sex offender registry, or the court may grant your petition on a temporary basis.

Copies of the petition will be sent to the sheriffs and district attorneys who were initially served, the Georgia Department of Corrections, and the Georgia Bureau of Investigation so they can take the necessary steps to remove your name from the registry. If your petition is denied, you must wait at least two years before you can file a new petition.

Our Savannah Criminal Defense Lawyers at Kicklighter Law Represent Clients Who Wish to Be Removed From the Sex Offender Registry

If you were convicted of a sex crime and you meet the requirements to be removed from the sex offender registry, do not hesitate to contact our Savannah criminal defense lawyers at Kicklighter Law. We will help you navigate this process, protect your legal rights, and negotiate the best possible outcome. 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.

Do I Need a Lawyer to Post Bail?

If you have been charged with a crime, posting bail allows you to avoid going to jail while you wait for your trial date. The bail amount will depend on various factors, including the nature and severity of the crime you are accused of committing. In Georgia, bail is meant to ensure that a suspect of a crime will not flee if released from custody. In most cases, bail is set at a high amount so that the defendant is more likely to stay in the jurisdiction and appear in court so they can get their money back.

If you are facing criminal charges, it is highly recommended that you contact an experienced criminal defense lawyer who will review the details of your case and negotiate a reasonable bail amount. This will allow you to alleviate some of the stress of a pending criminal case and focus on preparing your defense.

What Is Bail?

Bail is a set amount of money you will have to pay to be released from custody until your criminal case is finalized. While posting bail allows you to stay out of prison, you are required to remain in your jurisdiction as you await your trial. It also reduces overcrowding at jail facilities and the costs associated with imprisoning each inmate, from feeding and housing them to personal hygiene and healthcare costs. Judges will consider a range of factors when determining a bail amount. For example, a judge may set a higher bail amount if the defendant is likely to flee the jurisdiction to avoid a harsh sentence. The following are other factors that will impact the bail amount:

  • How reliable the defendant has been in attending court dates in the past.
  • The severity of the offense.
  • The defendant’s ties to the community.
  • The ability of the defendant to pay.
  • Whether the defendant is a public safety risk.
  • The character of the defendant.
  • How likely it is that the defendant will repeat the same crime.
  • The likelihood of the defendant returning to court and answer the charges.
  • Whether the charge is included in the list of those eligible for bail.

What Is the Difference Between Bail and Bond?

These terms are often used interchangeably, and both allow you to be released from custody while your charges are pending, but there are key differences between the two. Bail is essentially a security deposit that ensures you will appear in court. A bond requires a bondsman or a bonding company to pay the bail if they do not attend court. In most cases, a bonding company will charge between 10 and 15 percent of the bail amount. Four types of bail bonds are used to release a defendant from jail, including the following:

  • Own recognizance: This option is for minor misdemeanors or traffic offenses. In lieu of making a cash payment, you can sign a form promising to attend all court appearances. This is generally not an option in felony cases or more serious misdemeanors.
  • Cash bond: If you choose this option, you must pay the total amount. The benefit of a cash bond is that you get your money back at the end of the case, regardless of the outcome, provided you do not miss a court date. Keep in mind that you will need to pay the bond in cash. Most jurisdictions do not accept credit cards or personal checks.
  • Property bond: You can use your home as collateral to pay bail. To pursue this option, you must meet certain requirements. For example, your mortgage and taxes must be current.
  • Professional bondsman: This may be an option if you cannot afford to post bail. A bonding company will pay the bail amount and charge a non-refundable fee. When your case is resolved, the bail is returned, and the bondman keeps the fee.

How Can a Criminal Defense Lawyer Help Me Post Bail?

Whether you are facing misdemeanor charges or a more serious felony charge, it is in your best interest to contact an experienced criminal defense lawyer who can recommend the best legal course of action to help you post bail and ensure your legal rights are protected. Once the bail amount has been determined, your lawyer will thoroughly explain the payment options and discuss the advantages and disadvantages of each based on your financial situation.

In addition, a dedicated criminal defense lawyer will present testimony showing that you intend to attend all court dates and that you are not a flight risk. Simply hiring a lawyer demonstrates that you are committed to the judicial process and intend to uphold the conditions of your release. If you want to use a bondsman, your lawyer will recommend a reputable bail bond company and contact them. By having your lawyer handle important bail bond paperwork, you can avoid errors or omissions that are more likely to occur if you handle the process independently. Mistakes in the bail process can lead to frustrating delays.  

Our Savannah Criminal Defense Lawyers at Kicklighter Law Assist Clients With the Process of Posting Bail

If you have been charged with a crime and have questions or concerns about how to post bail, it is recommended that you contact our Savannah criminal defense lawyers at Kicklighter Law as soon as possible. We will discuss the details of your case. 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. 

How Do You Establish Reasonable Doubt?

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.

How Do I Petition to Be Removed From a Sex Offender Registry?

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:

  • Disabled offenders: If you have a disability, an illness, or are considered severely incapacitated, lawmakers have recognized that it is unlikely that you pose a serious threat to the community. You may petition the court for release from registration requirements if you are totally and permanently disabled, confined to a nursing home or residence care facility, or physically incapacitated due to a serious illness or injury.
  • Low-risk offenders: If you demonstrate that you pose little risk to the community, you may seek relief from the registry. In addition to completing the prison time, parole, supervised release, and probation, you must meet the following requirements:
    • No other convictions for sexual offenses.
    • No evidence that you have committed similar crimes.
    • You did not use a weapon during the crime.
    • The victim did not suffer intentional physical harm.
    • The victim was not physically restrained.
  • Romeo & Juliet offenders: This involves offenders under the age of 18 who were convicted of sex acts involving victims who are close in age. For example, if you were 18 when you engaged in a sexual relationship with a 15-year-old, you may only be charged with a misdemeanor, and you are eligible to petition the court for removal from the registry.

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.

CONTACT US

Call Us: 912-754-6003

412 North Laurel Street
Springfield, GA 31329

Telephone: 912-754-6003
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Providing Superior Representation All Across Georgia.