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PoliceSearch

Can I Refuse a Police Search If I’m on Probation?

By Hawkins Spizman |

The Fourth Amendment to the U.S. Constitution normally protects a person’s right to be free from “unreasonable search and seizures.” This means that, absent certain exceptions recognized by the courts, the police must first obtain a warrant before searching you or your property without your consent. Such a warrant requires a magistrate to find… Read More »

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CrimLegal

Is It Still Theft If the Victim Gave You Their Property?

By Hawkins Spizman |

Criminal theft is often associated with armed robbery or shoplifting. But theft can also occur when the victim gives you their property without the threat of violence. For example, if someone gives you a valuable piece of jewelry for safekeeping and you later refuse to return it to them, that is still considered a… Read More »

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PIClaims4

Does a Criminal Prosecution Extend the Time to File a Personal Injury Lawsuit in Georgia?

By Hawkins Spizman |

You only have a limited amount of time to bring a personal injury lawsuit in Georgia. For most cases this period is 2 years from the date when the injury occurred. For example, if you are injured in a car accident that took place on February 1, 2022, you would have until February 1,… Read More »

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DUI_Law3

How Does Having a Child in the Car Affect a Georgia DUI Case?

By Hawkins Spizman |

A drunk driving arrest is never a good thing. If convicted of a first DUI offense in Georgia, you face up to one year in jail, a fine of $1,000, and the suspension of your driver’s license for up to one year, among other penalties. And these consequences escalate if you have additional or… Read More »

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BreathalyzerTest

Can You Be Charged with DUI If Your Car Was Parked?

By Hawkins Spizman |

When the average person hears the term “driving under the influence” (DUI), they may assume that the police can only arrest you on such a charge if the suspect was actually driving. In other words, the police officer must observe you actually operating your car on the road. Surely, a person could never be… Read More »

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Are All Felons Barred from Owning Firearms in Georgia?

By Hawkins Spizman |

Georgia is considered a “constitutional carry” state with respect to firearms. This means that most Georgia residents can lawfully carry an open or concealed handgun without a license in most public places. But you can still obtain a Weapons Carry License from the State of Georgia to enable you to legally carry a concealed… Read More »

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DrEval2

The Importance of Seeking Medical Treatment After a Slip and Fall Accident

By Hawkins Spizman |

A slip and fall accident can result in serious–and potentially fatal–injuries. That is why you should always seek medical attention following a fall, even if you think you feel well enough to get up and walk away. In many cases, the injuries produced by a fall accident are not immediately obvious, and any delay… Read More »

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How Does Proximate Causation Affect a Georgia Car Accident Lawsuit?

By Hawkins Spizman |

One of the necessary elements of any Georgia personal injury case is establishing proximate causation. In simple terms, the plaintiff must prove that “but-for” the defendant’s negligent or reckless act, the plaintiff’s injury would not have occurred. This means that a defendant can avoid liability by showing that an intervening act by a third… Read More »

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DefenseLaw

What Is the Role of a Grand Jury in a Georgia Criminal Case?

By Hawkins Spizman |

When someone is charged with a crime in Georgia it takes the form of either an accusation or an indictment. An accusation–also known as an “information” in other jurisdictions–is where the district attorney or county solicitor’s office files a formal charge following a suspect’s arrest or citation by the police. Accusations are used in… Read More »

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Can a Broken Taillight Lead to a Felony Drug Arrest in Georgia?

By Hawkins Spizman |

For many of us, getting pulled over for a traffic ticket is an inconvenience that leads to a misdemeanor charge at worst. Unfortunately, once the police initiate a lawful traffic stop–even on something as benign as driving with a broken taillight–that can lead to further investigation and potential arrest on a more serious felony… Read More »

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