Charged and Innocent

It is very unfortunate to see people be punished for crimes they did not commit. Prosecutors have the burden of proof, and in some cases, there is evidence that makes it very hard to determine an offender, and even harder to prove that an innocent person is actually innocent. While no one would like for this to happen to them, it is very wise to know how to prepare yourself in situations such as these.

Many times, prosecution uses whatever reports and evidence the police may already have to pursue an individual and charge them with a criminal offense. Unfortunately, while this may be enough to pursue a charge, police reports do not always include enough information to successfully indict someone. There are instances where a report can work in favor of the individual that reaches the police officer on the scene before anyone else. This means the innocent can be depicted as a suspect in a criminal case based solely on a false report. Those at fault can sometimes tell the police officer that they are in more pain than they really are, and can even add false details to their story, just to make themselves look like a victim instead.

 Therefore, it is best to speak with a skilled criminal defense attorney as soon as possible. A smart attorney will be able to review all the details of your case and use these details to build a defense for you or your loved one. Hiring a criminal defense attorney does not guarantee all charges against you will be dropped but it does make it far more likely. With the right research and discovering the right evidence, your attorney can bring this to the courtroom and defend you in confidence. There are sometimes where there are holes in a case that clearly prove a defendant’s innocence. 

Oddly enough, due to the lack of evidence and the clear signs of some sort of false evidence, your defense can be to wait. Waiting is sometimes enough because things will unfold in your favor. However, you should not wait alone. Speak with a criminal defense attorney in Dekalb County, GA to be advised on what the best thing to do, in your case. Your options may come in a plethora or may be slim, but it is best to hire an attorney so that you are more aware of all legal options you may have.

Thanks to Andrew R. Lynch, P.C. for their insight into criminal law and charged vs. innocent.

Get Out Of Jail

Immediately after being taken to jail, you may wonder when are you able to get out of jail, and how? Of course, this is not a place you truly desire to be. There are not too many ways you can be placed under arrest and released other than the true suspect being detained, or a bond being granted for release which leads to a bail being paid on your behalf. When bail is paid, it assures the judge and prosecutor that you will appear in court when you are called, although you have been released from jail and there are pending criminal charges against you. Different courts allow different forms of payment, some courts allow cash, others may only accept a cashier’s check or some sort of certified funds. Because paying this bail is an oath to the court that you will be present at your scheduled court hearing, if you do not appear, the judge will issue an arrest warrant on your behalf and the payment made will not be returned to you.

Some people are held in the jail until they see a judge that will grant and list their bail amount, while some are fortunate enough to have a bail amount listed depending on the crime committed. This helps eliminate the wait. Of course, the more intense the crime, the less likely it is that a bail amount will be listed and available to be paid before seeing a judge. There are some cases where the listed amount may be lowered, but this is why it is wise to speak with a criminal defense attorney as soon as possible. Much like the sentencing system, even bail is sometimes set at impossible rates so that an individual cannot be released. It it is made to seem like it is because the bail is too high that the person has not been released, while in all actuality it is strategically numbered that way to punish the accused, it is also helps guarantee the suspect will report to court at a later date, in the event that it can be paid.

Having a criminal defense attorney that knows these things occur is more beneficial than not. Many criminal defense attorneys offer free consultations, so to make sure you are not being taken advantage of please speak with a skilled criminal defense attorney in Decatur, GA as soon as possible to discuss your case and see what your bail options are.

Thanks to Andrew R. Lynch, P.C. for their insight into criminal defense and getting out of jail.

Facing Criminal Charges

No matter your experience with the law, it will come as no surprise to anyone if you are shaken up when you are faced with criminal charges. If you do not study the law, you may not be aware of your rights and you should educate yourself, especially if you do not have a criminal defense attorney. Your initial reaction may be to do anything to prove your innocence, but that is not how the law works. In your attempt, while your intentions are good, you may also somehow incriminate yourself despite your innocence. Answering questions and admitting to small details in hopes that your honesty will save you, these things can incriminate you. There a few things to keep in mind if you land on the wrong side of the law and want to avoid jail as much as possible.

Because you are not a legal professional, you should seek legal counsel. After speaking with an attorney, they will be able to use their criminal defense attorney experience to lay out different options and begin to build your defense. The great thing about hiring or speaking with an attorney as soon as possible is that they will be able to build your defense from the ground up, and you can be advised before making any additional mistakes that can harm you. This means, try to avoid speaking about your case to anyone other than your legal counsel, friends, family, and even law enforcement included. Anything you say or do can and will be used against you later down the line if not immediately, always keep this in mind. This should go without saying, but to be safe, always note to avoid committing other criminal offenses while there are pending investigations against you. This is why is it great to hire legal counsel as soon as you can so that you have someone to guide you through this process and ensure that you do not make your situation worse.

Before making any moves, before admitting to any crimes, and before speaking to anyone else in regard to your criminal charges, speak with a skilled Decatur criminal law lawyer so you may have a better understanding of what your circumstances truly are. Facing criminal charges can be very unpredictable and very frightening, do your best to protect yourself during this time and understand that you cannot and do not have to go through it alone.

Thanks to Andrew R. Lynch, P.C. for their insight into criminal defense and criminal charges.

Accessory to The Commission of a Crime

Facing criminal charges is already a scary thing, but to face criminal charges and not technically commit any crime at all is even scarier. Did you know may possibly be an accessory to a crime in so many ways? Just so long as you knowingly indulge, in any way, in the commission of a crime, you are an accessory. It doesn’t matter if your involvement occurred before the crime was committed, while the crime was being committed, or after the crime was being committed, if you are involved you are an accessory to said crime. If you or someone you know happens to be charged with accessory to a crime, it must be proven that:

He or she did not, in fact, commit the crime in question,

The person’s involvement happened to assist the person who committed the crime in committing the crime, 

And the person being accused of an accessory understood that their involvement would assist in the commission of said crime. 

Unfortunately, it does not matter if the crime is violent or non-violent, as long as there was a crime committed. For example, if a friend comes by your home and asks that you take them to the bank and once you arrive and return you learn that they robbed the bank, you will not be considered an accessory to the crime. Now, if your friend comes by your home and asks that you take them to the bank, and in the car they mention that they intend to rob the bank and offer you a cut of what they make, you are then considered an accessory if you do not stop driving, or report what you learn to the police. By somehow making the crime possible, you are considered an accessory to the crime.

The tricky thing is, an individual is capable of being charged as an accessory to the commission of a crime even when a crime did not take place. This is much like attempted robbery, or attempted murder. These offenses are still considered criminal although they were unsuccessful, therefore you are still considered an accessory to the attempted commission of a crime. Just so long as the prosecutor can prove those three very important key factors previously mentioned.

If you or someone you know feels they may have been an accessory to a crime and would like to get out in front of the case, or if you or someone has been charged with an accessory to a crime, be sure to speak with a skilled criminal defense attorney in Dekalb County, GA as soon as possible.

Contact Andrew R. Lynch, P.C. for their insight into criminal defense cases and accessories to a crime.

Challenging a Ticket Citation

Having a traffic citation does not always mean you have to pay for it. Having what you assume to be a “good case” does not always mean you should fight it. When you receive a traffic citation, it is best to review every option available to you before spending your money or racking up more charges. Some traffic citations cannot be challenged at all, while several can. You must make yourself aware of which of the two tickets you have so that you know what your next step should be. Some people are not repeat offenders, one ticket is enough for them to avoid being cited ever again and if this is the case, maybe the ticket should just be paid. However, if this is not the case, you should weigh out your options. There is the option of traffic school and this assists in keeping points off of your license and keeping your record clear. If paying for the ticket and attending traffic school are not options you are willing to accept, you will need to build your defense for the courtroom and understand that it can go either way for you. Interestingly enough, the officer that wrote up the ticket for you, may not understand the law in its entirety, and there may be a loophole available. You must understand that law enforcement officers enforce the law, they do not study the law like lawyers. So there may be a ticket written up that was not fully understood, and this can be the basis of your strategy in court. To do so, you must understand what part of the charge you actually disregarded. If you dissect the law that you are accused of breaking, you may find where there are technicalities that excuse you and may get you off of the hook entirely. If there is at least one crack in the law that you broke that cannot be proven you may have saved yourself out of a traffic ticket. There may also be instances where the code of law that you violated cannot be challenged but the officer that wrote up the ticket may be. Law enforcement officers are human also and they are open to make mistakes such as stopping the wrong car, writing up a ticket for a speed you did not actually drive, did the offense they claim occurred even occur? If you or someone you know has received a traffic citation and would like to avoid paying the ticket and traffic school, speak with a skilled traffic or criminal defense attorney in Decatur, GA that would be able to assist you in your defense in the courtroom.

Contact Andrew R. Lynch, P.C. for their insight into criminal defense cases and challenging a ticket citation.

Disorderly Conduct

“Disorderly conduct” could mean so many things that you may not understand what you have been charged with. To gain more clarity, you should seek to thoroughly understand what disorderly conduct means, and what it is. So that if you are charged with this offense, you understand the possible consequences, defenses available to you, and if charges are even accurate.

In layman's terms, when an individual conducts his or herself without conduct, they are committing disorderly conduct. There are rules, and laws put in place so that individuals in the general public can coexist peacefully and the “freedom” that everyone is entitled to is limited, for the greater good. Disorderly conduct interrupts these laws, at times. When an individual is charged with disorderly conduct, he or she has likely disturbed peace. This can occur when someone is excessively loud in a generally quiet place, drunk and uncontrollable in public, or is downright displaying disruptive behavior. Because this is so easy to commit, this is a very common criminal offense. 

In most cases, disorderly conduct laws are put in place to avoid the likelihood of an even greater offense taking place. Disorderly conduct may sometimes lead to public intoxication, physical altercations, and even DUIs or other unlawful activities. Someone may be charged with disorderly conduct if they are residential areas screaming aggressively up the street in the middle of the night, causing a disturbance of peace for people in the homes.

Unfortunately, unlike other criminal charges, the prosecution does not have to prove that someone was actually affected or shaken up by the person being accused, as long as it can be proven that the behavior COULD have affected or shaken up by a reasonable individual. This means there does not have to be a victim, just proof that your behavior was, in fact, disruptive and could have possibly been seen as offensive.

There is a certain level of peace expected in certain areas such as churches, schools, hospitals, libraries, and residential neighborhoods. Therefore, if there is a level of disturbance in these places, it is that much more likely that you can be charged with disorderly conduct. While it is mostly charged as a misdemeanor, depending on the extent of the offense an individual may still face jail time. For this reason and many others, it is best to speak with a criminal lawyer in Decatur, GA if you or someone you know has been contacted about or charged with disorderly conduct. The more you know and understand, the better.

Contact Andrew R. Lynch, P.C. for their insight into criminal defense cases and disorderly conduct.

DUI Manslaughter

Having a driving under the influence (DUI) charge is already an extreme offense and should be taken very seriously if you are charged. It gets even more serious if this driving under the influence has lead to a death. No matter if the killed individual was in the vehicle, or walking on the streets, their death will fall on the drunk driver. In these situations, there are several different charges a person may face. Laws vary from state to state and thus so do the appropriate charges. Any DUI that leads to a death could be charged with:

Vehicular homicide

DUI manslaughter

Vehicular manslaughter

Aggravated DUI

Negligent homicide, amongst a few others.

The charges that you may face may vary because ultimately, two offenses took place, driving under the influence and vehicular homicide. Some charges are specific to the offense, and some combine the two. There is a slight punishment difference between a vehicular homicide, and vehicular homicide while intoxicated.

Prosecution will sometimes consider all factors when deciding what to charge an individual with. Having a history of DUIs, or having a criminal record at all may affect your punishment. Prosecution may also consider your mental capacity, and this may make all of the difference in your case. While your mental state does not entirely matter in DUI cases that much, it can be considered. However, all the prosecution has to prove is that you were, in fact, operating a motor vehicle while under the influence of drugs or alcohol. In some states, all that has to be proven is that someone was murdered by another individual that was operating a motor vehicle while they were under the influence of drugs or alcohol. DUI and vehicular homicide cases are typically strict liability offenses, depending on the state laws.

Vehicular homicide by way of driving under the influence of drugs or alcohol is a hard charge to beat or challenge, this does not mean that the criminal offender is not entitled to legal counsel for the charges. If you or someone you know has been charged with any form of DUI manslaughter or any charge listed above, please contact a skilled DUI defense attorney in Decatur, GA with experience in DUI cases as well. In these cases, your criminal defense team will make all of the difference in the consequences you face. Although a death, and proof of driving under the influence had been discovered, before you accept any plea, or before it is too late for you or your loved one.

Contact Andrew R. Lynch, P.C. for their insight into criminal defense cases involving DUI manslaughter.

Lying on a Police Report

Much like telling a lie in the courtroom, telling a lie to law enforcement on a police report can get you into legal trouble. Telling a lie to a police officer is one thing, but when a police report is filed with those accusations written you may face jail time. The extent of your punishment varies based on the city or state the false police report was filed. There are times where an individual may face a misdemeanor charge, and other times a felony. The punishment may fit the crime in these cases, in a sense that the more severe the accusations that were falsely made, the more severe the false accusers punishment.

Unfortunately, many people believe they will not get caught in their lie, and in most cases this is correct. Several people falsify police reports for their own personal vendetta against an individual. For example, if you happen to get into a verbal altercation with some and they storm out before you are able to say everything that you may have wanted to say. In your immediate anger, you contact the police and make false claims that this individual got physical and left. Now the person may be charged with simple battery and also have a warrant out for their arrest, although they did anything wrong. Now, you may not be thinking straight at that exact moment and do not realize, there were witnesses that can contest your false claims, and now the tables have turned on you instead. In the heat of the moment, it is very easy to incriminate yourself while you are angry and not thinking clearly. Now you are facing criminal charges, and this is hoping the other party does not wish to press charges for your false accusations and defamation of character.

There are several different instances where an individual may decide to file false claims on a police report. And there are other types of reports that carry larger weight than the example listed above. And the larger the accused offense, the more likely you are to be charged with a felony. No matter your reason, it is not in your best interest to lie on a police report. However, if you or someone you know is battling criminal charges from falsifying a police report, there are defenses available to you. Speak with a skilled criminal defense attorney in Decatur, GA as soon as possible so that you may see what options you have.

Contact Andrew R. Lynch, P.C. for their insight into criminal defense cases and lying on police reports.

Missed Court

When you are summoned to appear in court, it is best to appear in court. It is likely that you have been called to court for a criminal matter that can possibly determine your future. When you have appointments anywhere else, you can likely reschedule with no repercussions or maybe a small fee. It does not work that way with court hearings. Failure to appear warrants are usually written up by a judge when you do not show up to a court hearing. This means at any point you come in contact with law enforcement and they learn your name, you can be detained and placed under arrest, and you do not want that. There are some cases where you will be held in jail until the next scheduled court date, and this helps ensure you will be in attendance. In other cases, once bail is paid and other court fees you may be released with no court date at all. There are reasons that are excusable and at that point, there may be certain exceptions. Things like being hospitalized may excuse your absence entirely. When you have realized there has been a missed court date, it is best to contact a criminal defense attorney as soon as possible to see what your options are, and to possibly avoid being arrested. A skilled criminal defense attorney may be able to have your warrant lifted entirely depending on the facts of your case.

Although attorneys are not free, you may end up saving money by speaking with them instead of paying whatever it is that the court is asking of you. Regardless of why you may have missed a court date, the judge does not care. Taking responsibility for your negligence no matter why, is better than avoiding your responsibilities entirely. True or not, a good attorney can both build your defense for missing your court date and build your defense regarding whatever the matter was initially. When dealing with a criminal matter you should speak with an attorney to weigh out all options, but missing a court date may make your case much worse and no reason is good enough. If you or someone you know has been charged with a criminal offense and has missed a court date, speak with a skilled attorney before making any decisions regarding these charges. Many Decatur lawyers offer free consultations, so it can likely not cost you a dime to be advised on what you next move should be.

Contact Andrew R. Lynch, P.C. for their insight into criminal defense cases and missed court.

Domestic Abuse

Individuals that have close relationships, such as a spouse, child, or even friend are considered the victims in domestic violence cases. Any form of a violent act between an individual and a close social or intimate partner is domestic violence, even any threats made. People often misconstrue domestic violence for only being a charge for a spouse. This applies to a roommate or even just a boy or girlfriend. Domestic violence cases typically involve a verbal dispute, slap or pushing of an individual, or any other form of physical abuse that is not as intense as murder or rape. Domestic violence charges typically lead to restraining orders being put into effect as well. Seeing as how the defendant is likely someone that may return due to the closeness of a relationship, and one may be unsure as to whether they will not be repeat offenders. Strangers are not usually charged with domestic violence.

When someone in the household or that has a relationship such as spousal or codependent, domestic violence may be considered:

Causing one pain or harm on purpose

Intentionally making any physical condition worse

Sexual assault

A physical threat that invokes fear

Each state has laws and stipulations that classify what domestic violence is in that state.

The common issue with domestic violence cases is victims fear to report or testify regarding any occurrences. A victim may do so out of fear they possess due to the accused, or refusal to believe it will occur again because of the extent of the relationship. Failure to report these incidents sometimes makes it impossible for them to come to an end and makes it hard for the police officers or prosecutors involved.

Some states do not need the victim to testify, only the evidence that the domestic violence incident occurred. This takes the victims power away, as in many cases they cannot refuse to press charges; the state may press charges no matter what.

Being a victim of domestic abuse is in no way easy. If you or someone you know has a potential or current domestic violence case, speak with a skilled criminal attorney as soon as possible. With the right attorney, you will get help understanding the law in your area and seeing what options are available to you in these incidents entirely, as a victim or accused. Be sure to speak with a knowledgeable attorney in Dekalb County, GA as soon as possible.

Contact Andrew R. Lynch, P.C. for their insight into criminal defense and domestic abuse.

Consequences For Writing A Bad Check

Sometimes bad checks are written by total accident, and sometimes an individual may be in desperate need of a service or product, they feel they have no other choice. As minor, as it may seem to some, there are consequences to writing a bad check. This is considered a criminal offense, so it is wise to understand your legal rights if you come to face criminal charges for writing a bad check.

Writing a bad check occurs when an individual writes a check in an amount that is not available in the account the check is written. The person that wrote the check must somehow already be aware of the lack of funds available in the account in order to be held accountable for the bad check.

There are also instances where an individual can write a bad check by writing a check in an excessive amount, with knowledge that the available balance is less than the check states. Another form of  “writing a bad check” would be depositing or writing a check with knowledge that the funds are not available, however, they are expected to be in the account at a later date and should cover the funds made out on the check. While the final example is not always considered criminal, if any check is written and the funds on the check are not available in the account, this is a form of writing a bad check. And depending on the amount, you may need to consult with a criminal defense attorney because you could be formally charged for a criminal offense.

Laws concerning the consequences for writing bad checks vary from state. It is assumed that the person that writes the check knows the available balance of the account, so they are held responsible. For this reason, prosecution does not have to exactly prove the individuals' knowledge of the available funds, in most states.

In most cases, an accused party faces fine penalties. However, there are instances where an individual may face criminal charges as well as be responsible for fines, not to mention any civil lawsuits banks may pursue on top of normal bank fees for bounced checks.

It is best to speak with a skilled criminal defense attorney to have a better understanding of what your rights are in these scenarios. The right attorney will be able to review the details of your case and work towards building your defense. It is possible to have any charges completely dropped, or at least reduced. If you or someone you know is facing criminal charges for writing a bad check, speak with a skilled attorney in Dekalb County, GA as soon as possible.

Contact Andrew R. Lynch, P.C. for their insight into criminal defense and writing bad checks.

First Offender

So you have been involved in a criminal activity that has placed you on the wrong side of the law. This is the first time you’ve been involved in a criminal act and you are extremely worried about your future. Fortunately for you, there is a law that protects first-time offenders and gives them a chance at a better opportunity for their wrongdoing, it is called the First Offender Act. Although there is a range of people that commit crimes for the first time, from non-violent to extremely violent, there are qualifications to be granted first offender privileges. The First Offender Act allows an offender to have their criminal record sealed and the conviction is removed as well, so long as the sentence has been completed. To qualify for first offender privileges you must:

In fact, be a first offender.

Make sure the offense must not be a felony, and there must be no felony convictions on your record.

Not commit criminal offenses against law enforcement.

Not commit a DUI

Ensure your offense is not sexual against anyone.

To being the process of First Offender Act privileges it is best to speak with a criminal defense attorney that can explain to you what your rights are. By speaking with an attorney you increase your chances of gaining these privileges. The judge that is over your case will not automatically sentence your case under the First Offender Act, so you or your attorney must request it from the judge. However, if the judge refuses, you cannot challenge that decision.

Much like probation or parole, if the terms of your sentence under the First Offender Act are violated your First Offender status can be revoked and will not be granted again. When you violate these terms, you are also increasing your chances of receiving the maximum sentence permitted for the criminal offense committed.

There are particular steps that should be taken to obtain First Offender privileges and it is best to speak with a skilled criminal defense attorney to ensure that you get a full understanding of how the First Offender law works, so that the proper steps may be taken if you are eligible. If you or someone you know has come to be on the wrong side of the law for the first time, speak with a criminal defense attorney in Atlanta, GA before it is too late so that you may work towards the best options available to you.

Contact Andrew R. Lynch, P.C. for their insight into criminal defense and first offenders.

Ways to Get Out of Your Speeding Ticket

Most of us have been here, driving on the wide-open highway enjoying the wind blowing in your hair from the crack in windows while the air conditioning blows and the sun shining on your face ever so slightly. You are so busy enjoying these simple pleasures that you missed the traffic sign listing the speed limit, so now you’re speeding. The sound of sirens suddenly disrupts your drive and you notice law enforcement in your review mirror. A speeding ticket is some way to ruin your trip before it has even started. To avoid any further damage, there are a few things you can do from then until the court date on your citation.

Cooperate with the officer. Carefully pull over and do as you are told and be sure to keep your seatbelt on at all times. If the officer happens to ask you to step out of the car, do so carefully.

Do not be combative. Answer any questions asked carefully and truthfully, but please be sure to refrain from anything incriminating or accepting fault.

Read the information listed on your citation. There is usually a court date listed on your citation, and if you happen to miss this court date a warrant can be put out for your arrest for a failure to appear.

Do not sign any citation before you understand what you are being cited for. You may be pulled over for speeding but an officer could write the incorrect charge or a charge you are not familiar with at all.

Speak with an attorney. Because you do not study the law, there may be something’s you do not understand or make worse due to your lack of knowledge. This is typically necessary for more serious citations.

Investigate the scene of the incident. There are some cases where a case can be thrown out due to certain stipulations. Maybe a traffic sign was in fact not up in a fair radius of where you were stopped. Therefore there was no way to actually know the speed limit it that area. Anything that can be used in your defense will be beneficial.

Ask that the court date be continued It is likely that the cop that issued the ticket will not be able to show up in court, and your case can be dismissed.

If you feel that the majority of these steps cannot be done alone, contact a Dekalb County attorney sooner than later. The right attorney will be able to walk you through the proper steps to assist in getting you the best possible outcome regarding your citation.

Contact Andrew R. Lynch, P.C. for their insight into criminal defense and speeding tickets.

Trial Process

When you are accused of a crime it does not stop there; there is a process that you must go through. Just because you are accused does not mean you have to plead guilty or are in fact guilty at all. You are entitled to a trial. This is where both the prosecution and defense get to plead their cases to a judge and/or jury to receive an actual verdict. How long a trial process will take may be unknown, but sometimes it is in a defendant’s best interest to have a trial, only sometimes.

Trials follow a process, much like any other legal procedure.

Selecting the jury

Opening statements given by both the Defense and the Prosecution.

Testimony from witnesses

Jury instructions from the judge

The jury discusses the case and comes to a verdict

Closing arguments from Defense and Prosecution

Jury announces the verdict

Selecting the jury.

You may or may not be familiar with Jury Duty. This is something that everyone is subjected to. Selected individuals are asked to come to court and are interviewed by the defense and the prosecution to ensure that the people selected are not prejudiced or unjust.

Opening statements given by both the Defense and the Prosecution.

This is the beginning of the actual trial. Both sides will, to the best of their ability, sum up the details of the case that likely prove the point they intend to make and highlight throughout the trial.

Testimony from witnesses.

Witnesses come to the stand and are cross-examined by both the defense and the prosecution. When this happens, the opposing counsel will aim to get answers that assist their case and somehow dismantles the other party’s argument.

Jury instructions from the judge

After the opening statements and cross-examinations, the judge will inform the jury of the next step, including guidelines they must follow to make a decision by using the information that they learned.

Closing arguments.

This is the defense and prosecutions last opportunity to plead their case. They will again sum up the case and summarize how their side is the true side.

Jury Announcement

While this can take a while, this is the time that the jury reviews all information gathered and make a guilty or not guilty decision.  When this decision is made, it is brought back to the court and heard. Then the judge may schedule another day for sentencing depending on the outcome.

Speak with a skilled Decatur criminal lawyer to ensure that you understand how a trial goes if you are in legal trouble.

Contact Andrew R. Lynch, P.C. for their insight into criminal defense charges and the trial process.

Types of Drug Related Offenses

There are several different types of drug-related offenses. Typically, they are categorized by state drug crimes and federal drug crimes. Much like any other criminal offense, federal drug crimes tend to carry much heavier consequences over state drug crimes. While each state is different, the stigma that comes with a drug related conviction or accusation stains roughly the same nationwide. If you or someone you know has been convicted on a drug crime, it is likely related to one of the following:

Paraphernalia

Possession

Grow Houses

Dealing

Manufacturing

Trafficking

Importation

Each charge carries its own legal punishment, but it is best to understand the difference between each, in the event that you are involved in legal drug trouble. The most common drug charges are related to the crimes listed below.

A paraphernalia charge will come from the possession of any tools necessary to use the drug, or conceal the drug. A few items that are commonly seen as paraphernalia are:

Scales. Which is used to weigh the drugs. These are typically used when preparing to distribute.

Pipes. Used normally to inhale drugs, or smoke them.

Rolling papers. Also used to prepare to use drugs, or smoke them.

A possession charge is self-explanatory for most. Individuals are charged with possession of drugs, when drugs are in their possession. This does not mean oh their person. If you are driving, and drugs are in the vehicle, this is considered possession. A personal amount, or a small amount of drugs in your possession may not be considered as alarming and does not carry the weight of “possession with intent”, which is normally charged if someone has a larger amount of drugs in their possession.

Manufacturing drugs is the production of the drug. If an individual is in any way creating a drug, or growing drugs, they are charged with drug manufacturing. The extent of the charges for manufacturing varies from state to state because the use of medical marijuana is legal in some places.

When someone is selling drugs, this is called dealing. Dealing is not to be confused with drug trafficking, as trafficking is typically one individual selling a small amount of the drugs.

Whereas, much like possession versus possession with intent, trafficking includes a much larger portion of drugs.

If you or someone you know has had a run in with the law regarding a drug crime you need to speak with a skilled criminal defense attorney that understands the difference of each charge and can assist with building a defense strategy. The consequences can vary from minor to severe, so it is best to speak with a drug lawyer Dekalb County, GA offers before it is too late.

Contact Andrew R. Lynch, P.C. for their insight into criminal defense and drug-related charges.

Disturbing The Peace

Yes, there is a such thing called “freedom of speech”, but there is also an offense called “disturbing the peace” that can get you involved in some legal trouble. It does not seem that major to many, but any act of unruly behavior in the public could be deemed as disturbing the peace. Disturbing the peace occurs in acts such as starting a brawl, or very aggressive screaming or arguing in public. Simply put, when an individual’s actions disturb the peace of another person, that individual may be charged with disturbing the peace.

Disturbing the peace laws vary by state but in most cases, it is any form of public disruption, such as:

Attempting to fight in public

Volatile actions and vulgar word use

Blasting loud music intentionally through the night

A public and disruptive meeting. Such as unauthorized protests.

Making loud and violent threats

Intentionally annoying or disrupting others

Many of these actions are not always done with the intent to disrupt other, so in order to be charged with disturbing the peace there must be purposeful intent behind the actions and knowledge of said actions causing a disturbance. A judge and jury will review the circumstances of the incident to determine any consequence for guilt. Parties involved in the incident, such as law enforcement, children, or innocent bystanders, play a role in the determination of guilt.

Disturbing the peace is not to be confused with simply irritating someone or embarrassing someone. There must be an intent to be loud and abrasive. Disturbing the peace is not a serious offense, just so long as no other criminal offenses took place due to the disturbance. Therefore, an individual can simply be charged with fines or community service. Disturbing the peace is usually a lesser charge offered by prosecution in other cases such as:

Public intoxication

Indecent Exposure

Disorderly conduct

Having this lesser charge be added to your record rather than the above-listed charges opens the possibility for a lesser punishment and can avoid the stigma attached to more serious criminal offenses.

If you or someone you know has been charged with disturbing the peace, there is no reason to worry. There are defense options available to you, speak with a skilled criminal defense attorney that understand your rights and the extent of the offense. The right criminal defense attorney Atlanta, GA relies on will be able to make a huge difference in the outcome of your case if you were to handle it on your own.

Contact Andrew R. Lynch, P.C. for their insight into criminal defense and disturbing the peace charges.

Criminal Defenses

Every criminal defendant has a right to present a defense to a judge, or jury when they are being potentially prosecuted. Successful prosecution comes about when the prosecutor can indeed prove that the defendant is guilty beyond a reasonable doubt. There are several different defense options that may not guarantee a break but can assist in potentially changing the outcome of your conviction.

Out of fear, pride, or simple honesty, many criminal defendants will immediately deny involvement. Which is the easiest way to go, but not always the easiest to prove. When you hire the right defense attorney, they can use that defense in your favor to possibly debunk all accusations and possibly even witness statements. If you decide to stick by your claim of innocence as your defense, this is fine, and until you are proven guilty, you are in fact innocent. It is the job of the prosecutor to discredit your defense by presenting evidence that proves you to be guilty because just a hunch that the defendant committed an offense, is not enough to convict them.

Many defendants have alibis that prove their innocence. An alibi is evidence that the person being accused could not have committed the crime in question simply because they were not there at the time of the commission of the crime. Evidence such as receipts of items purchased at a different location at the time of a crime, or movie tickets, or even being clocked into work, all help in an alibi defense.

Now, in the event that a defendant did, in fact, commit the offense, he or she is still innocent until proven guilty, therefore there are still defense options available such as, self-defense. Self-defense is not the admission of guilt; however, it is the admission of involvement. To prove your actions were due to self-defense you cannot be the aggressor, and your actions must be both justifiable, and reasonable. You should be able to protect yourself when you fear for your safety and have no other choice.

If you or someone you know has been accused of a criminal offense and feel there is a defense available to them, no matter the extremity of the charges, there may be. Speak with a skilled Decatur criminal lawyer that will be able to study the facts of your case and build the defense that works best in your favor. There are several different options, the right attorney can lead you to them.

Contact Andrew R. Lynch, P.C. for their insight into criminal defense strategies.