Category: Criminal Defense

You must comply with a scheduled court appearance despite the inconvenience of having to take time off from work, arrange childcare, or other scheduling conflicts. Failure to appear for a scheduled court date could result in various negative consequences, including a bench warrant for your arrest. If you missed a court date, intentionally or unintentionally, it is highly recommended that you contact an experienced lawyer.

Your court appearance is mandatory, and the date is set based on the court’s schedule. You should adhere to the court’s requests and arrive on the scheduled date and time. When you do not show up, the judge takes this very seriously. If your missed court date was due to an emergency, including a severe accident, or you were hospitalized for some reason, the judge will likely consider the circumstances of your missed court date and waive the penalty. You must provide documentation of why you missed the court date, including medical records or a police report.

If you do miss your court date, you could face consequences. For example, you may have to pay a significant fine. It is also possible that a bench warrant for your arrest may be issued if you do not show up to your scheduled court date. A bench warrant is issued by a judge for violating the court’s rules, including missing a court date, violation of probation, or a grand jury indictment or sworn affidavit. If a bench warrant has been issued for your arrest, you could be taken to jail immediately if the police stop you or they need to check your license for some reason. You also risk losing your job or being unable to secure a new job if your driver’s license has been suspended.

What Should I Do if I Missed My Court Date?

If you failed to appear at your scheduled court date, contacting a criminal defense lawyer as soon as possible is highly recommended. Your attorney can determine whether the failure to appear was due to an emergency and argue to have the penalties reduced or thrown out. In addition, if you do need to surrender to law enforcement, your attorney will protect your legal rights and recommend the best legal course of action.

Savannah Criminal Defense Lawyers at Kicklighter Law Represents Clients Who Have Missed a Court Date

If you missed a scheduled court date, and there is a bench warrant out for your arrest, or you are facing other legal consequences, do not hesitate to contact our Savannah criminal defense lawyers at Kicklighter Law. To schedule a confidential 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.

Forgery is a serious criminal offense. It involves the unauthorized alteration, use, or production of documents with the intent to defraud another person or entity. The severity of forgery charges depends on the type and value of the document involved and whether fraud was committed against an individual or an organization.

If you are facing forgery charges in Georgia, it is important to understand how these charges work and what defenses you may have available to you. Depending on the facts of your case, you could be facing substantial time behind bars. Speaking with an experienced criminal defense lawyer may be in your best interest.

What is Forgery?

Forgery occurs when a person either falsifies documents, alters existing documents without authorization, or produces counterfeit documents intending to commit fraud or deceive another individual or entity.

Under Georgia law, there are four distinct levels of forgery depending on the value of the document and whether it was created by an individual or an organization:

• First-degree forgery (forging a certain instrument)
• Second-degree forgery (forging any other written instrument)
• Third-degree forgery (uttering any forged instrument)
• And fourth-degree forgery (uttering any false writing).

Intent To Defraud

In order for a person to be convicted of forgery in Georgia, prosecutors must prove that they had intent to defraud another person or entity. This intent can be proven through circumstantial evidence such as testimony from witnesses who observed suspicious behavior before, during, and after the alleged offense took place. Prosecutors must also show that a defendant acted intentionally; otherwise known as “mens rea” which means having knowledge that their actions were wrong and criminal. Furthermore, prosecutors must also prove that there was harm caused by the defendant’s actions, which resulted in financial loss or personal damage to another party.

Defenses Available

If you are facing criminal charges related to forgeries in Georgia, there are several defenses available, depending on your circumstances. These include:

• Coercion (being persuaded by someone else into committing a crime)
• Duress (being forced into committing a crime under threat)
• Entrapment (being lured into committing a crime due to law enforcement’s involvement)
• Lack of evidence proving guilt beyond a reasonable doubt (insufficient proof)
• Lack of intent to commit fraud (accidental decision making)
• Lack of knowledge that one’s actions were illegal (ignorance)

There may be different defenses available if you are facing criminal charges related to forgeries in Georgia. Depending on the degree of the forgery charge you face, you could be looking at up to 15 years in prison. The most important thing you can do after being charged with forgery in Georgia is to speak with a skilled and experienced lawyer who can help protect your rights and provide you with a solid defense to the charges against you.

The Savannah Criminal Defense Lawyers at Kicklighter Law Help Protect Your Rights

A criminal conviction in Georgia could result in jail time, prison time, loss of rights, and difficulties getting employment. To help you work to avoid these negative outcomes, speak with the Savannah criminal defense lawyers at Kicklighter Law. To learn more about how we can help you, contact us today to schedule your consultation by calling 912-754-6003 or inquire online. We proudly serve our Georgia neighbors in Springfield, Effingham County, Savannah, and surrounding areas.

When children are accused of committing crimes, their cases are handled differently than adult cases. Every state has separate courts for juvenile crimes, and the rules, procedures, and outcomes vary. No matter how things play out, the juvenile’s life will be changed forever. If your loved one is facing charges as a juvenile, contact an experienced criminal defense lawyer today.

What are the Most Common Juvenile Crimes?

Many, but not all, juvenile crimes are considered misdemeanors. Here are some of the most common ones, with some being much more serious.

• Assault: Teenagers often get into fights, or assault others when committing other crimes like stealing.
• Driving Under the Influence: A juvenile can be pulled over and charged with a DUI. Excessive drinking and drug use can also lead to a drunk and disorderly conduct charge.
• Illegal Purchases: This includes illegally purchasing alcohol, cigarettes, or drugs. These can come with possession and intent to distribute charges.
• Larceny: Stealing from other people, homes, and businesses. Auto theft is also a common charge.
• Sexual Offenses: This includes rape and sexual assault, sharing pornographic pictures of others, and abuse.
• Violent Crimes: There are many reasons why juveniles commit violent crimes, like previous abuse, drugs, alcohol, and mental illness.

 The Basics of a Juvenile Defense

Juvenile offenders are looked upon differently since adults are considered to be fully grown, have better judgment, and not be as vulnerable to outside influences. Courts tend to suggest preventative measures to help juveniles improve their lives, with the goal of helping the child while ensuring public safety. Once the seriousness of the crime is determined, the juvenile will be sent back to the parents or into a Juvenile Detention Center (JDC) to await trial. After court, the youth might return to JDC, be sent back to the parents, and/or be placed on probation.

A juvenile under the age of seven cannot be held responsible for criminal wrongdoing. However, if the accused is over than age of 17, they will go to an adult criminal court instead. The same thing could happen with serious charges like rape or murder, but there will be a hearing to determine that ahead of time. Like adults, juveniles must be presented before a court of law within 24 hours of being brought into custody and are entitled to general defenses. Examples of the latter might include self-defense against an attack and involuntary intoxication.

What if the Case Goes to Court?

Juvenile criminal courts are more informal than adult versions. The intake officials, law enforcement officers, and prosecutors have more discretion, but important procedures are still followed. Many child offenders do not end up at formal adjudicatory hearings.

Some cases will end up in court, so it is wise to contact an experienced criminal defense lawyer with a background in juvenile defense to provide guidance. Instead of waiting to see how things will start, reaching out for consultation makes sense. This way, you could form the foundation needed to build a strong defense and protect your loved one’s rights.

The Savannah Criminal Defense Lawyers at Kicklighter Law are Experienced with Juvenile Defense Cases

It is hard to know where to turn when a juvenile is accused of a crime, since they are young, vulnerable, and at the mercy of an expansive criminal justice system. At Kicklighter Law, our skilled Savannah criminal defense lawyers understand the system and will work to protect your juvenile’s rights. Call our Springfield, Georgia office at 912-754-6003 or complete our online form for a consultation. We help clients of all ages in Springfield, Effingham County, Savannah, and surrounding areas.

Robbery is a felony offense, which means that those charge with robbery could be facing serious penalties, including a lengthy prison sentence. There are several types of robbery charges, ranging from shoplifting to armed robbery, and severity of the penalties increases with the seriousness of the charge. Even shoplifting is considered a felony offense in Georgia if the value of the stolen merchandise is over $500. If you are facing any type of robbery charge, it is crucial that you have a skilled and experienced criminal defense lawyer on your side who can develop the most effective defense strategy and ensure that the charges against you are reduced or dropped. 

What Is Considered Robbery?

Robbery is a theft crime where an individual steals another person’s property, often by force, threat or intimidation, sudden snatching or placing the other person in fear of serious bodily harm. If a firearm or other type of weapon was used in the threat or intimidation, this would constitute armed robbery. Even if an unloaded gun or a replica of a weapon was used, the individual could be charged with armed robbery. Armed robbery charges can also be brought against those who only looked like they had a weapon — if you kept your hand concealed in your pocket, or behind your back while threatening a victim, this could be classified as armed robbery even if you were not carrying a weapon.

What Are the Defense Options for Robbery?

There are a range of defense strategies that your criminal defense lawyer may pursue, based on the circumstances of the case and the evidence that is available. The following are examples of defense strategies that are used in robbery cases:

• Innocence: If you are innocent of the crime for which you have been accused, you must be able to provide solid proof of your innocence. If you can provide an alibi that you were not in the location of the robbery when the robbery occurred, this can serve as a defense. If a witness can verify your alibi, this will help strengthen your defense.
• Burden of proof: In any criminal case, the prosecution has the burden of proving beyond a reasonable doubt that you are guilty of committing the crime of robbery. In order to prove that you are guilty, the prosecution must prove every element of the charge, from taking the other individual’s property to the presence of a weapon if you are charged with armed robbery.
• Lack of evidence: This is related to the burden of proof in that there must be sufficient evidence in order to successfully prosecute a robbery charge. If the evidence is lacking, or the prosecution is unable to prove that you were present at the time of the robbery, you will likely be found not guilty.
• Intoxication: This may be a viable defense strategy if certain elements of the robbery cannot be proven, and you were intoxicated at the time of the crime. There are two types of intoxication defenses, including the following:
  • Involuntary intoxication: This is when you have become intoxicated against your will or due to actions outside your control. Any criminal behavior that you engaged in while intoxicated may be excused.
  • Voluntary intoxication: If you became intoxicated voluntarily, it is unlikely that you will be able to use this as a defense to have the charges against you dropped. However, you may be able to plead a lesser charge if the crime was committed while you were under the influence of drugs or alcohol. Your criminal defense lawyer will determine whether this is a viable defense strategy.
• Entrapment: If you were forced by a government agent to commit a crime that you otherwise would not have committed, the entrapment defense may be a viable strategy. While this defense can be difficult to prove, if you can demonstrate that law enforcement agents persuaded or coerced you to commit a robbery, this may be an effective defense strategy.
• Duress: This defense strategy may be used if you were forced to commit the robbery until threat of bodily injury or death. However, this can be more challenging to prove, and courts will often reject this line of defense if you did not show a sufficient fear of harm, or if you had the opportunity to avoid committing the robbery without the risk of serious injury or death.
• True owner: Your criminal defense lawyer will only pursue this line of defense if you can prove that you are the true owner of the property that you are accused of stealing.

What Are the Penalties for Robbery Charges?

In the state of Georgia, any type of robbery is considered a felony offense, and the resulting penalties are severe. The severity of the penalty will increase based on the nature and circumstances of the crime, and whether there was a threat of physical harm or violence. The following are examples of penalties you could face based on the type of robbery charge:

• Robbery: If you are convicted of robbery in Georgia, you will spend a minimum of one year in prison, with a maximum prison sentence of 20 years. If you are 65 or older, you will face a minimum of five years in prison if you are convicted. 
• Armed robbery: As this is considered a serious violent felony, the punishment is more severe. If you are convicted of armed robbery, you will face a minimum prison sentence of ten years, and up to life in prison and the death penalty if the nature of the crime was particularly violent. 
• Armed robbery of a pharmacy: If you have been convicted of stealing controlled substances from a pharmacy or drug dispensary while armed with a deadly weapon, and you intentionally injured another individual while carrying out the robbery, you will face a minimum prison sentence of 15 years.
• Hijacking a vehicle: Also referred to as carjacking, this is a serious crime that involves stealing another person’s vehicle, whether the owner of the vehicle is present or not. In Georgia, hijacking is a felony offense, which carries a minimum prison sentence of ten years and fines of no less than $10,000 and a maximum of $100,000. If a weapon is used to obtain the vehicle, or intimidation or violence is involved, you may face a prison sentence of ten to 20 years. The penalty becomes much more severe if this is your second offense, in which case you could face life in prison and fines between $100,000 and $500,000.
• Repeat offenses: If you have been convicted of a second felony, including armed robbery, or hijacking a vehicle, you could be sentenced to life without parole. If you have three prior convictions from any other state, Georgia law states that you must serve the maximum sentence without the possibility of parole.

What Impact Does a Robbery Conviction Have?

A robbery conviction can have a significant impact on your life, especially if you are facing a lengthy prison sentence. In addition to the jail time, a robbery conviction will remain on your record for the rest of your life. This can make it difficult for you to find employment, apply for a mortgage, or take other steps towards a normal life. The stigma of a robbery conviction can cause irreparable damage to relationships with family, friends, and former colleagues. You might lose your right to vote in future elections. A highly skilled criminal defense lawyer will review the details of your case and recommend the best legal course of action.

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

If you have been charged with robbery, this is a very serious offense that requires an effective defense strategy. The skilled Springfield criminal defense lawyers at Kicklighter Law will thoroughly examine the details of your case, determine the best defense strategy based on the evidence available, and ensure that your legal rights are protected at all times. To schedule a confidential consultation, call us today at 912-205-6248 or fill out our online form. With our offices located in Springfield, Georgia, we proudly serve all clients of Springfield, Effingham County, Savannah, and surrounding areas.

Whether you committed tax fraud or assaulted another person, you will face legal consequences for your actions. The severity of the penalty will depend on the nature of the crime, and whether you caused serious bodily harm to another person. While both non-violent and violent crimes can have serious legal consequences, violent crimes warrant severe punishments, including life in prison. 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 legal strategy that will result in the charges against you being reduced or dropped.

What Are Non-Violent Crimes?

Generally speaking, a crime is considered non-violent if there was no use of force or injury to another person. There are a wide range of crimes that fall under this category of crimes, including:

• Alcohol and non-violent drug-related crimes
• Bribery
• Embezzlement
• Gambling and racketeering
• Insurance fraud
• Larceny
• Personal property arson
• Prostitution
• Tax crimes, fraud, and other white-collar crimes
• Vandalism

What Are Violent Crimes?

Violent crimes involve the use of force and/or serious bodily injury to another person. All violent crimes come with serious penalties, including steep fines and significant jail time. Examples of violent crimes include the following:

• Armed robbery
• Assault and battery
• Carjacking
• Domestic violence
• Homicides, including murder and manslaughter
• Kidnapping
• Sexual assault and abuse

What Are the Legal Penalties for Non-Violent Crimes?

In most cases, non-violent crimes are punishable by some type of fine or a short jail sentence, although the amount of the fine and the length of the jail sentence will depend on the type of crime that was committed and the circumstances surrounding the crime. Felony charges may include certain drug crimes, burglary, embezzlement, and larceny, whereas crimes like certain traffic offenses, petty theft and public intoxication are considered misdemeanors and will come with less severe consequences in accordance with the nature of the crime.

What Are the Penalties for Violent Crimes?

Most violent crime convictions come with a mandatory minimum prison sentence, which means that you will not be eligible for parole or early release, regardless of good behavior. In addition to the prison sentence, you will face additional penalties, including steep fines, restitution to the victims, probation, the loss of professional licenses, difficulty finding a job and restricted financial opportunities.

What Are Possible Defenses for Non-Violent and Violent Crimes?

Whether you have been charged with a non-violent crime, or a more serious violent crime, it is important that you have an experienced criminal defense lawyer on your side who can review the details of the case and recommend the most effective defense strategy. The following are examples of possible defenses:

• Duress and/or necessity: This defense may be used if you can prove that you committed the crime under the threat of bodily injury or death.
• Insanity: This defense if applicable if you were suffering from a severe mental illness when the crime was committed.
• Intoxication: If you became intoxicated voluntarily, and you can prove that you committed the crime due to your diminished capacity, it is possible that the charges against you will be reduced. However, it is unlikely that they will be dropped, unless you were involuntarily intoxicated after being unknowingly drugged or forced to consume a significant amount of alcohol.
• Self-defense: This defense may be used if you can prove that your actions were in response to a threat, and that you believed that you were in imminent danger.

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

If you have been charged with a crime, you are urged to contact the Springfield criminal defense lawyers at Kicklighter Law. Our dedicated legal team will thoroughly review the nature of the charges, including whether you have been charged with a violent or non-violent crime, and recommend the most effective defense strategy. Protecting your legal rights is our top priority. To schedule a confidential consultation, call us today at 912-754-6003 or contact us online. With our offices located in Springfield, Georgia, we proudly serve all clients of Springfield, Effingham County, Savannah, and surrounding areas.

If you have been charged with a drug crime in the state of Georgia, the charges that come with severe penalties, ranging from steep fines to jail time. The severity of the penalty will depend on the nature of the crime, and the type of drug that is found in your possession. Whether you have been charged with a misdemeanor or a felony, it is imperative that you have a highly skilled criminal defense lawyer on your side who will protect your legal rights and recommend the most effective defense strategy that will result in the charges against you being reduced or dismissed.

What Are the Most Common Types of Drug Crimes?

Georgia has some of the strictest laws against drug possession and distribution in the country. When facing drug charges, it is important that you understand the type of drug crime that you have been charged with, as the penalty will vary based on the severity of the crime. The following are examples of the different types of drug crimes in Georgia:

• Drug use: If you were charged with drug use, it means that you were caught taking an illegal drug. You could also be charged with possession if you took a prescription drug like opioids, sedatives, or stimulants without a prescription.
• Drug possession: This is the most common type of drug offense. It occurs when you are in possession of a drug, but you do not have a valid prescription. There are two types of drug possession, including actual possession, which could be charged with if the drug is found on your person. The second type of drug possession is constructed possession, which occurs if you were in close enough proximity to a drug to possess it. 
• Manufacturing: If you are involved in any step of the production of an illegal drug, including growing marijuana or manufacturing methamphetamines, you could face manufacturing charges. Repackaging a drug for resale is also illegal and may lead to manufacturing charges.
• Possession with the intent to distribute: This charge involves the sale, smuggling, and delivery of illegal drugs and substances. If you are caught with scales, syringes, pipes, rolling papers, packaging, and other materials that are generally used to profit from illegal drugs, a possession charge can escalate to an intent to sell, which comes with additional severe penalties. However, the arresting police officer must be able to prove that you were selling drugs, and that there was no other reasonable use for the materials found in your home.
• Drug trafficking: If you are facing a drug trafficking charge, this is one of the most serious drug crimes, and the penalties are severe. This charge usually involves the transportation of a significant amount of drugs, so if you are in possession of a large quantity of illegal drugs, a police officer will likely assume that you plan to sell the drugs, which will result in a distribution charge. The officer does not have to prove that you intend to sell the drug in order to charge you with drug trafficking.

How Are Drugs Classified?

The type of drug that is found in your possession will affect the seriousness of the crime for which you are charged. Drugs are categorized into five different “schedules,” based on their potential for abuse. The following are the five drug schedules, and examples of drugs that fall into each category:

• Schedule I drugs and substances: These drugs have the highest potential for abuse, and they have no accepted medical use. They include drugs like heroin, lysergic acid diethylamide (LSD), psilocybin mushrooms, and 3,4-methylenedioxymethamphetamine, also known as ecstasy. 
• Schedule II drugs and substances: These are also highly addictive, but they are accepted for medical use and treatment under certain circumstances. They include oxycodone, fentanyl, cocaine, methadone, hydromorphone, Adderall, and Ritalin.
• Schedule III drugs and substances: These are drugs that have an accepted medical use and have a low to moderate potential for dependence. They include drugs containing less than 90 milligrams of codeine per dosage, ketamine, anabolic steroids, and testosterone.
• Schedule IV drugs and substances: These drugs have an accepted medical use and have a lower potential for abuse. They include drugs like Xanax, Valium, Ativan, Ambien, and Darvocet.
• Schedule V drugs and substances: These have an accepted medical use and have the lowest potential for abuse. They include cough medications with less than 200 milligrams of codeine or per 100 milliliters, like Robitussin AC, as well as Lyrican, Lomotil, and Parapectolin.

What Are the Penalties for Drug Crimes?

Drug crimes are taken seriously in the state of Georgia and the penalties for a drug-related conviction are severe. If you have been wrongly accused of a drug crime, it is imperative that you have a skilled and experienced criminal defense lawyer on your side who can review the charges that have been brought against you and recommend the best legal course of action. In addition to steep fines, losing your driver’s license and the loss of financial aid, scholarships and other financial holdings, the following are the legal penalties you could face if convicted of a drug crime:

 Penalties for Schedule I and II Substances

• If you have been charged with purchasing or possessing a Schedule I or II drug, and it is your first offense, penalties include imprisonment for a minimum of two years and a maximum of 15 years. Penalties for subsequent offenses include a prison term ranging from five year to a maximum of 30 years.
• If you sell, or intend to distribute Schedule I or II substances, the penalties for a first offense include a prison term of five to thirty years. For subsequent offenses, you could face a prison term of ten years to a life sentence.

Penalties for Schedule III, IV, and V Substances

• If you have been charged with purchasing or possessing a Schedule III, IV or V substance, and it is your first offense, the penalty includes a prison term of one to five years, and one to ten years for any subsequent charges.
• If you are charged with selling or intent to distribute Schedule III, IV or V substances, the penalties include a prison term of one to ten years. 

What Are the Most Effective Defense Strategies for Drug Crimes?

If you have been charged with a drug crime, there are a number of defense strategies that are available, depending on the circumstances of the case. Your criminal defense lawyer will thoroughly review the charges and recommend the most effective defense strategy. The following are examples of common defense strategies that may result in the charges against you being reduced or dismissed:

• Unlawful search and seizure: This is one of the most common defenses used in drug possession cases. According to the Fourth Amendment to the U.S. Constitution, law enforcement may only search a person’s body or property under certain circumstances. If the drugs are found through illegal means, including searching your vehicle’s trunk without permission, this may be an effective defense strategy.
• Entrapment: This occurs when a police officer forces a suspect to commit a crime that he or she would not otherwise have committed. While this can be an effective strategy if a police officer harassed or threatened you into committing a crime, law enforcement officials may set up sting operations to catch drug dealers or go undercover to buy or sell drugs to a suspect. A criminal defense lawyer will determine whether this is the best legal course of action based on the circumstances of your case. 
• Chain of custody issues: If the drugs that have been seized during an arrest are missing from the evidence room or locker, your criminal defense lawyer may argue that the police officer did not handle the drugs properly during the course of the investigation.
• Faulty lab analysis: If there are any errors or inconsistencies in the crime lab analysis report, your criminal defense lawyer may require the crime lab analyst to testify at your trial. This line of defense can be used to poke holes in the prosecution’s case.
• Drugs belong to someone else: Defendants who have been charged with a drug crime often claim that the drugs do not belong to them. This may or may not be an effective defense strategy because the prosecution only needs to show that you had control of or access to the drugs. Your criminal defense lawyer will determine whether this is a viable defense strategy.

Springfield Criminal Defense Lawyers at Kicklighter Law Represent Clients Facing Drug Charges

If you have been charged with a drug crime, you are strongly urged to contact the Springfield criminal defense lawyers at Kicklighter Law at your earliest convenience. Our dedicated legal team will work tirelessly to ensure that your rights are protected and that the charges against you are reduced or dropped. To schedule a confidential consultation, call us today at 912-754-6003 or contact us online. With our offices located in Springfield, Georgia, we proudly serve all clients of Springfield, Effingham County, Savannah, and surrounding areas.

If you are charged with a crime in Georgia, you may be eligible for bail. Bail is a financial payment that allows you to stay out of jail while you await trial. By paying bail, you promise that you will show up for your court hearings. The bail and bond process is complex and has several important steps.

It is important for anyone facing criminal charges to understand how bail works, so they can make informed decisions for their case and their future. If you have been released on bail, it is wise to contact an experienced criminal defense attorney before your trial.

What Is a Bond Hearing?

After a person is arrested in Georgia, they are detained while awaiting charges. If they are not charged with a crime within a specified period, they must be freed. In Georgia, detained persons are entitled to a bond hearing within 72 hours of the arrest (not including weekends and holidays.)

During the bond hearing, the judge decides if the defendant should be detained or released pending trial. If the judge allows their release, they grant a bond allowing the defendant to leave jail until their court hearing.

What Is the Difference Between Bail and Bond?

The terms bail and bond are often used interchangeably, but they have different meanings and functions. Bond is the assurance given to the state of Georgia that the defendant will appear in court as instructed. Bail is the financial deposit that ensures they will appear in court.

A bondsman is a person or company who guarantees a bond. They provide bail bonds for individuals who have been charged with crimes but are unable to pay the entire bail amount to the court. By paying that money, the bondsman essentially guarantees the defendant will go show up to court.

It is not necessary to use a bail bondsman to post bail. However, because bail is typically a significant amount of money, a bondsman may be financially necessary to get a defendant out of jail.

How Is the Bail Determined?

Judges have the authority to set bond amounts, often in accordance with established “bail schedules” based on the severity of the crime. When a bail schedule is used, the defendant may not have to wait to see the judge.

Several factors affect bail. They include but are not limited to:   

• The seriousness of the crime
• The defendant’s ability to pay
• The defendant’s community ties
• The defendant’s criminal history
• The defendant’s reputation and character
• How likely the defendant is to reoffend
• How likely the defendant is to appear in court (based on past cases)
• Whether the defendant poses a risk to public safety

What Does “No Bond” Mean?

The opportunity for bail is not available to every defendant. More serious crimes are not eligible for bond. These typically include crimes that are punishable by a life sentence or capital punishment like armed robbery, rape, and murder.

Georgia criminal justice code 13 lists all of the “non-bondable” offenses in the state. Offenders cannot post bail for these crimes unless they receive permission from a Superior Court Judge.

4 Kinds of Bail Bonds

There are four types of bonds used to release a defendant from jail:

• Cash Bond: The defendant pays the entire amount and gets that money back at the completion of their case, regardless of the outcome—provided they do not miss any court dates.
• “Own Recognizance”: Instead of making a payment, the defendant signs a form promising they will attend all court appearances. This is an option for traffic offenses and other minor misdemeanor offenses.
• Professional Bondsman: A professional bail bondsman pays the client’s bail and collects a fee in return. This fee ranges anywhere from 10 to 15 percent of the bond amount. When the defendant’s case is resolved and the bail returned, the bondsman keeps that fee.
• Property Bond: With a property bond, the defendant (or family member or friend on their behalf) uses a home as collateral to pay bail. There are certain requirements to do so in most jurisdictions. The mortgage and taxes must be current and the presence of anyone listed on the deed must be present.

What Happens If I Cannot Afford Bail?

If a defendant does not receive bond or if the bond is too high, the defendant’s attorney can petition for another hearing to reconsider that decision.

When a defendant cannot pay bail, they must borrow the money using a home or other property as collateral, ask a friend or family member for assistance, or remain in jail until the judge determines they can leave.

As discussed above, a bail bondsman is another option to pay bail. They typically charge a non-refundable fee in exchange for paying the entire bail amount. If the defendant does not show up in court, the bondsman keeps that fee but loses the rest of the bail amount—unless they can locate the defendant and convince them to turn themselves in. If not, the court keeps the bail money and issues a warrant for the defendant’s arrest.

Bond and Bail Conditions

Once the defendant posts bail, there are certain conditions for their release. The defendant must obey the law and remain in the area. Some additional conditions may apply to the specific offense at hand.

For example, if the case involves allegations of domestic violence, the courts may prohibit all contact between the suspect and the person who filed the complaint. Violating these conditions will likely land the defendant in jail until the case is over.

How Can a Lawyer Help Me with the Bail Process?

If you have never been through this situation before, you probably feel overwhelmed and anxious. Having an experienced criminal defense lawyer working on your behalf can give you much-needed peace of mind.

Legal guidance is essential if you are charged with a crime. A lawyer can help with the bail process is several ways. Once bail is determined, they explain your payment options and provide the pros and cons of each based on your individual financial situation.

A lawyer will present testimony on your behalf to show you intend to return to court as required and will show you are not a “flight risk”. The act of hiring an attorney alone shows you are committed (and invested) in the judicial process and willing to uphold the conditions of release.

If you decide to use a bondsman, they will contact one for you. Because criminal defense attorneys have dealt with hundreds–if not thousands–of cases, they will recommend a reputable bail bond company. They can handle the details and secure bail as quickly as possible.

Completing the bail bond paperwork can be the most time-consuming part of the process. Errors or omissions on these forms can lead to frustrating delays. Your layer completes the paperwork correctly and returns it to the bail bond company quickly to get things moving. They deal with any issues that come up along the way.

A criminal act causes or represents bodily harm to a person or harm to society. The outcome of a criminal case can be life-changing. Punishment can include incarceration. It is vital to understand your rights and obtain legal advice if you or someone you care about has been arrested in Georgia.

Effingham County Criminal Defense Lawyers With Kicklighter Law Provide Timely and Effective Guidance for Charged With Crimes in Georgia

The Georgia criminal process can be stressful and overwhelming. But you do not have to navigate the system alone. Effingham County criminal defense lawyers at Kicklighter Law represent clients facing a range of criminal charges. We advocate for your every step of the way to protect your rights and achieve the best possible outcome for your case.  In criminal cases, time is of the essence. Call 912-754-6003 or contact the firm online to schedule a consultation today. Located in Springfield, Kicklighter Law serves all of Effingham County, Savanah, and the surrounding areas throughout Georgia.

Disorderly conduct is a charge that is meant to penalize behavior that disturbs the peace, threatens to disrupt public life, or behavior that is considered obnoxious and disruptive. In Georgia, disorderly conduct charges can be used by police officers to detain individuals or prevent them from causing more serious problems, resulting in more serious charges. If you have been charged with disorderly conduct, contact a skilled criminal defense lawyer at your earliest convenience.

What Is Disorderly Conduct?

Also referred to as “disturbing the peace,” disorderly conduct includes behaviors that create alarm or anger in others, or that have the potential to conduct illegal acts. Disorderly conduct is one of the most common charges filed in Georgia, and other jurisdictions. In the state of Georgia, there are a number of ways that an individual can be charged with disorderly conduct, including the following:

• When someone acts in a way that is violent or tumultuous towards another person, and causes him or her to fear for the safety of their life or health.
• When the violent of tumultuous behavior causes another person’s property to be damaged or destroyed.
• When someone uses abusive or offensive words to incite a disturbance of the peace or provoke violent resentment. These are also known as fighting words.
• When an unprovoked person uses vulgar or obscene language in the presence of a child who is under the age of 14, which threatens an immediate breach of peace.

What Does Disorderly Conduct Cover?

There are a number of factors that are considered when someone has been charged with disorderly conduct. While the laws vary from state to state, disorderly conduct generally covers the following:

• Circumstances: Oftentimes, disorderly conduct cases involve actions or behaviors that would not be considered disorderly if it occurred at a different time and in a different location. For example, if someone is standing outside in a residential neighborhood late at night and starts yelling loudly, this would be considered disorderly conduct. However, if the same person was saying the same words at the same volume, but at a construction site in the middle of the day, this is not considered disorderly conduct.
• Location: While any type of disorderly conduct that occurs in places, including public restrooms, hospital emergency rooms and private buildings available for public rental is prohibited, disorderly behavior that occurs in private will meet the public requirement if the conduct disrupts or disturbs even a single person’s peace of mind.
• Objectivity: It is not always necessary for the prosecution to demonstrate that the other person was alarmed or threatened by the accused’s behavior. The prosecution must only be able to prove that a reasonable person would not have been threatened by the behavior. The courts apply an objective standard in disorderly conduct cases.

What Are Examples of Disorderly Conduct?

Disorderly conduct is a common charge, and includes a range of actions and behaviors that cause a disturbance of the peace. The following are examples of actions that are considered disorderly conduct:

• Fighting: Depending on the circumstances and the nature of the argument, fighting or any other type of physical altercation may be considered disorderly conduct. However, the individuals involved could face the more serious charges of assault or battery if the situation becomes more violent.
• Protests: All citizens have the right to participate in peaceful protests. However, protests that become disruptive are considered disorderly conduct. For example, protesters who participate in a sit-in demonstration that blocks traffic may be charged with disorderly conduct.
• Disturbing an assembly: If a person or group of people interrupt a city council meeting, religious ceremony or public rally, it may qualify as disorderly conduct.
• Public misconduct: Public urination, public masturbation, public intoxication or any other behavior that should normally be conducted in private may be considered disorderly conduct.
• Police encounters: Arguing with a police officer is not necessarily considered disorderly conduct. However, using threatening language or engaging in physical contact with a police officer does count as disorderly conduct.

What Are the Legal Penalties for Disorderly Conduct?

In most cases, disorderly conduct is considered a misdemeanor offense that is punishable by a maximum of twelve months in jail and a fine of up to $1,000. Depending on the severity of your conduct, you may receive a ticket for your actions, or you may be arrested, which means you will be booked and someone will need to bail you out. Whether you received a citation or you were arrested, once you have been charged with disorderly conduct, you are required to appear in court where you will enter a plea of ‘guilty’ or ‘not guilty.’ If you entered a ‘not guilty’ plea, the court will decide whether you can be released on recognizance or remain in jail until your court date.

While disorderly conduct is a misdemeanor, if it is a second or third offense, repeat offenders are subject to more severe penalties, including higher fines and extended jail time. In addition, if the disorderly conduct occurred when someone was committing another crime, like stealing, he or she may face multiple charges, particularly if the individual was caught fleeing. The exact penalty for disorderly conduct will depend on the specific nature of the crime, however, the following are examples of possible punishments for disorderly conduct:

• Alcohol education
• Community service
• Court ordered counseling
• Criminal fine
• Drug testing
• Jail time of up to one year
• Probation

What Are Effective Defense Strategies for a Disorderly Conduct Charge?

If you have been charged with disorderly conduct, it is imperative that you have a skilled criminal defense lawyer on your side. He or she will thoroughly review the charges that have been brought against you and fight to have them dismissed or dropped. The following are examples of possible defense strategies that may be used:

• Self-defense: This line of defense may be used if a reasonable amount of force was necessary to prevent a threat of violence by another person. If the self-defense strategy is used, it is important to understand that it will only be effective if the defendant only used a comparable amount of force that the aggressor used.
• Imperfect self-defense: If the defendant sincerely believed that force was necessary to prevent an injury, but the belief was unreasonable, this line of defense may be used. An example would be if the defendant hit another person because he or she believed he or she was about to be struck by the other person.
• Intoxication: There are two options when it comes to this line of defense. Involuntary intoxication occurs when someone becomes intoxicated against their will. This can occur when someone is drugged or forced to drink an alcoholic beverage, causing them to engage in some type of disorderly conduct. The voluntary intoxication strategy is used as a defense to specific intent crimes if it prevents the defendant from forming the intent necessary to commit the crime.
• Mistake of fact: This is another defense strategy that may be used to fight a disorderly conduct charge. This argues that the defendant should not be found guilty because they were mistaken about a fact that is essential to the case. For example, if the case involved the destruction of property, but the defendant reasonably and honestly believed that they were destroying their own property, a criminal defense lawyer may pursue the mistake of fact strategy.
• Duress: This defense strategy may be effective if the defendant faced an immediate threat of violence, and believed that they would have been injured if they did not commit a specific crime. In other words, they would have been unable to avoid the threat unless they committed the crime.
• Necessity: If the defendant claims that they committed an act of disorderly conduct in order to prevent a greater, more severe crime, this may be a viable defense strategy. This may also be effective if the defendant’s actions were necessary to address an emergency situation.

How Can a Criminal Defense Lawyer Help Me?

If you have been charged with disorderly conduct, it is very important that you speak to an experienced criminal defense lawyer as soon as possible. While this is a minor charge, it can have serious consequences on your personal and professional life. A highly skilled criminal defense lawyer has a thorough understanding of the laws related to disorderly conduct and will pursue the defense strategy that will have the best possible outcome, whether that is having the charges dropped or the case dismissed.

Springfield Criminal Defense Lawyers at Kicklighter Law Assist Clients Who Have Been Charged with Disorderly Conduct

If you or someone you know has been charged with disorderly conduct, do not hesitate to contact our Springfield criminal defense lawyers at Kicklighter Law. To schedule a confidential consultation, call us today at 912-754-6003 or contact us online. Our office is located in Springfield, Georgia where we serve clients from Springfield, Effingham County, Savannah, and surrounding areas.

Georgia has laws against simple assault and aggravated assault. “Simple assault” means you meant to cause harm to a person. A punch to the face would be a good example of simple assault. You also could commit simple assault by just threatening to harm someone.

Simple assault often is paired with a battery charge. “Battery” means you touched another person without that person’s consent, such as a knee to the groin.

Simple assault is a misdemeanor criminal act that might land you in jail. It certainly would trigger a fine. An aggravated assault is a more serious felony that could put you into prison for many years.

How an Assault Becomes Aggravated?

Assaulting someone never is a harmless crime. The way in which you assault someone is the difference between facing a misdemeanor and a felony criminal charge.

There are four general ways in which a simple assault crosses the line and becomes a felonious aggravated assault. An aggravated assault occurs when you:

• Intend to rob, rape, or murder the victim.
• Use a deadly weapon or object that could cause great bodily harm.
• Attempt to strangle the victim with an object designed for that purpose.
• Discharge a firearm while inside a vehicle.

A conviction for the felony charge could land you in jail for between one and 20 years. Georgia laws impose additional penalties for extreme cases.

Evidence Requirements to Prove Aggravated Assault

If you are charged with aggravated assault, the prosecutor must show that you acted violently. Punching someone in the face or hitting someone with a blunt object would be two examples of how that might happen.

The violent act must demonstrate that you had the ability to cause the victim to fear that a violent injury would occur. The victim must have a reasonable concern that you were going to inflict an injury through violence and that threat was imminent.

For example, you might be working on your home and had a hammer in your hand to perform that task. Holding the hammer when someone initiates a verbal dispute would not be a threat of great bodily harm. It would be unreasonable to conclude that you intended to use the hammer in a violent and offensive manner.

On the other hand, you might not be working on your home and picked up a hammer to use as a weapon. In such instances, a reasonable person could conclude that you intended to cause great bodily harm. You might use the same item, a hammer, in a threatening manner that triggers aggravated assault. You also might simply have it in your hand by coincidence because it is the right tool for whatever job you were doing at the time.

That would not rise to the level of aggravated assault. What a reasonable person would conclude given the same circumstances can mean the difference between a simple assault that is a misdemeanor and an aggravated assault that is a felony.

Specific Examples of Aggravated Assault in Georgia

The following offenses are specifically listed as specific ways in which aggravated assault could occur in Georgia. An aggravated assault charge could be automatic whenever you assault someone:

• Performing official duties like a police officer, corrections officer, or officer of the court.
• Aged 65 or older.
• While using a public transportation system.
• With a firearm while on school property.
• A child under age 14, while attempting to rape that person.

You also could face an aggravated assault charge by assaulting a current or former spouse of any children living in the home.

The penalties for such instances of aggravated assault could result in a sentence of up to 20 years in prison if you are convicted. The penalty for aggravated assault while raping a child is more severe – between 25 and 50 years imprisonment.

A prior felony conviction would trigger the maximum sentencing for a subsequent conviction for aggravated assault., A court also could impose a fine and require you to pay restitution to one or more victims.

Possible Legal Defenses to Aggravated Assault Charges

Many felony charges are filed for aggravated assault because one person was really mad at the other. Emotional intelligence refers to the ability to not make dumb mistakes just because you are mad.

Committing aggravated assault is a good example of losing your cool and committing a felony that might put you behind bars for a couple of decades. Odds are you would not try to defend yourself by claiming the person “had it coming” or uttered “fighting words.”

Such a poor legal defense would land you in prison, and a lack of remorse might convince the judge to sentence you to the maximum time allowed by Georgia law.

More effective legal defenses could lower the charge to a simple assault or possibly get it dismissed. The following are some of the more successful legal defenses that might apply in your case and many others.

No Intent to Cause Harm

Just because you got into a fight that resulted in harm to another person does not mean you intended to do so, and without intent to commit the assault, there is no aggravated assault.

Maybe you were minding your own business and someone decided to pick a fight with you. If that person loses the fight, you are not necessarily the one who committed an assault and especially not an aggravated assault.

An experienced criminal defense lawyer could help you to lay out a sensible defense based on the lack of intent.

Defense of Self, Another Person, or Your Property

The right to self-defense is a very strong one. If another person threatens you with bodily harm, you have the right to defend yourself. A simple self-defense argument against an aggravated assault charge might result in a dismissal of the charge or an acquittal.

You also might have acted to prevent harm to another person. For example, if you are walking with your wife and someone assaults her, you could protect your wife against that assault.

If someone is trying to damage your home or maybe tries to break into it, you have the right to defend your property. That does not mean you can just shoot someone.

Shooting someone only is legal if you are under a threat of great bodily harm or otherwise face an imminent danger of harm occurring. You cannot use your firearm to protect property.

If an intruder shows up inside your home, it would be more reasonable to conclude that person is an imminent threat of great bodily harm. The same person trying to break into your car is not necessarily an imminent threat.

You cannot use a firearm to defend your car or similar property. You also could not use a deadly object. Those only are allowed when you face an imminent threat of great bodily harm.

Did Not Use a Deadly Weapon

You might get into a fight and prevail. If that person claims that you possessed a deadly weapon, it might trigger an aggravated assault charge.

You could argue that you did not possess a deadly weapon or use one to assault the individual. The prior hammer example is a good illustrator of how you might have an object that has an intended use, like driving nails into wood.

A fight might occur while you possess that hammer with the intention of using it to get work done. If your intent was not to use the hammer to inflict great bodily harm upon another person, you would not have committed an aggravated assault.

A prosecutor might overlook the circumstances and charge you with aggravated assault anyway. An experienced criminal defense attorney could help you to present a strong defense that shows the hammer or another object was not used as a deadly weapon. That could get an aggravated assault charge lowered or dismissed.

Springfield Criminal Defense Lawyers at Kicklighter Law Uphold the Rights of the Accused

If you were charged with aggravated or simple assault, we can help. Arrange a meeting with one of our experienced Springfield criminal defense lawyers at Kicklighter Law. Call us at 912-754-6003 or contact us online to schedule a consultation at our law office in Springfield, Georgia. Our clients are located in Springfield, Effingham County, Savannah, and surrounding areas.