Newton DUI-DWI Lawyer, Georgia

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John M. Vansant

Private Schools, Government, Family Law, Criminal
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Thomas Duck

Criminal, Divorce & Family Law
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William F Underwood

Real Estate, Government, Wills & Probate, Family Law, Criminal
Status:  In Good Standing           Licensed:  17 Years

Howard J. Stiller

Education, DUI-DWI, Criminal, Medical Malpractice
Status:  In Good Standing           Licensed:  46 Years

Alfreda Lynette Sheppard

Criminal, Litigation, Employment, Civil Rights
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Robert Joseph Pinnero

Family Law, Criminal, Insurance, Bankruptcy
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Thomas V. Duck

Family Law, Criminal, Children's Rights
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Chris Cohilas

Accident & Injury, RICO Act, Complex Litigation, Commercial Bankruptcy, Civil Rights
Status:  In Good Standing           

Willie Cecil Weaver

Motor Vehicle, Family Law, Criminal, Personal Injury, Divorce & Family Law
Status:  In Good Standing           Licensed:  32 Years

Stephen J Kaplan

Traffic, Workers' Compensation, Criminal, Personal Injury
Status:  Deceased           Licensed:  54 Years

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LEGAL TERMS

CONSTABLE

A peace officer for a particular geographic area -- most often a rural county -- who commonly has the power to serve legal papers, arrest lawbreakers and keep t... (more...)
A peace officer for a particular geographic area -- most often a rural county -- who commonly has the power to serve legal papers, arrest lawbreakers and keep the peace. Depending on the state, a constable may be similar to a marshal or sheriff.

INTENTIONAL TORT

A deliberate act that causes harm to another, for which the victim may sue the wrongdoer for damages. Acts of domestic violence, such as assault and battery, ar... (more...)
A deliberate act that causes harm to another, for which the victim may sue the wrongdoer for damages. Acts of domestic violence, such as assault and battery, are intentional torts (as well as crimes).

PRESUMPTION OF INNOCENCE

One of the most sacred principles in the American criminal justice system, holding that a defendant is innocent until proven guilty. In other words, the prosecu... (more...)
One of the most sacred principles in the American criminal justice system, holding that a defendant is innocent until proven guilty. In other words, the prosecution must prove, beyond a reasonable doubt, each element of the crime charged.

JURY NULLIFICATION

A decision by the jury to acquit a defendant who has violated a law that the jury believes is unjust or wrong. Jury nullification has always been an option for ... (more...)
A decision by the jury to acquit a defendant who has violated a law that the jury believes is unjust or wrong. Jury nullification has always been an option for juries in England and the United States, although judges will prevent a defense lawyer from urging the jury to acquit on this basis. Nullification was evident during the Vietnam war (when selective service protesters were acquitted by juries opposed to the war) and currently appears in criminal cases when the jury disagrees with the punishment--for example, in 'three strikes' cases when the jury realizes that conviction of a relatively minor offense will result in lifetime imprisonment.

ELEMENTS (OF A CRIME)

The component parts of crimes. For example, 'Robbery' is defined as the taking and carrying away of property of another by force or fear with the intent to perm... (more...)
The component parts of crimes. For example, 'Robbery' is defined as the taking and carrying away of property of another by force or fear with the intent to permanently deprive the owner of the property. Each of those four parts is an element that the prosecution must prove beyond a reasonable doubt.

PROBABLE CAUSE

The amount and quality of information police must have before they can arrest or search without a warrant or that a judge must have before she will sign a searc... (more...)
The amount and quality of information police must have before they can arrest or search without a warrant or that a judge must have before she will sign a search warrant allowing the police to conduct a search or arrest a suspect. Reliable information must show that it's more likely than not that a crime has occurred and the suspect is involved.

PROSECUTOR

A lawyer who works for the local, state or federal government to bring and litigate criminal cases.

INFORMED CONSENT

An agreement to do something or to allow something to happen, made with complete knowledge of all relevant facts, such as the risks involved or any available al... (more...)
An agreement to do something or to allow something to happen, made with complete knowledge of all relevant facts, such as the risks involved or any available alternatives. For example, a patient may give informed consent to medical treatment only after the healthcare professional has disclosed all possible risks involved in accepting or rejecting the treatment. A healthcare provider or facility may be held responsible for an injury caused by an undisclosed risk. In another context, a person accused of committing a crime cannot give up his constitutional rights--for example, to remain silent or to talk with an attorney--unless and until he has been informed of those rights, usually via the well-known Miranda warnings.

MCNAGHTEN RULE

The earliest and most common test for criminal insanity, in which a criminal defendant is judged legally insane only if he could not distinguish right from wron... (more...)
The earliest and most common test for criminal insanity, in which a criminal defendant is judged legally insane only if he could not distinguish right from wrong at the time he committed the crime. For example, a delusional psychotic who believed that his assaultive acts were in response to the will of God would not be criminally responsible for his acts.

SAMPLE LEGAL CASES

State v. Underwood

... Did the Court of Appeals err in affirming the grant of a defendant's motion to suppress the results of a State-administered breath test where an officer who had probable cause to arrest a defendant for DUI read the implied consent rights of OCGA § 40-5-55[ [2] ] to the defendant ...

State v. Rish

... In granting that motion, the trial court found that the State lacked probable cause to arrest Rish for DUI-less safe (OCGA § 40-6-391(a)(1)). While we affirm the trial court's ruling on this issue, we also find that, as a matter of law, the State did have probable cause to arrest Rish for ...

Wade v. State

... Following a bench trial, factually stipulated for trial purposes (to preclude the State's witnesses from having to appear), while preserving the due process issues for appellate review, Brittany Wade appeals her conviction of DUI less-safe, [1] contending that her bent of mind or ...