| Gambling Law Defense Information for Atlanta, GA and Surrounding Counties |
| |
| A person commits the offense of gambling when he or she makes a bet on the result of a game or contest or on the performance of a participant in the game or contest; when he or she makes a bet on the result of a political nomination, appointment, or election, or on the success of any political nominee, candidate, or appointee; or when he or she plays and bets for money or for any item of value on any game that is played with cards, dice, balls, or other gambling devices. |
| |
| Bank Fraud and Financial Institution Criminal Defense in Atlanta and Georgia |
| |
| Congress enacted a bank fraud statute as part of the Comprehensive Crime Control Act of 1984. The purpose of the bank fraud statute was to fill the gaps that existed with respect to fraud against federally chartered or insured institutions. Thereafter, other federal acts were passed to expand the scope and coverage of the bank fraud statute. Some of the other acts included the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, the Crime Control Act of 1990, and the Racketeering Influence and Corrupt Organizations Act. |
| |
| Criminal Defense Info. About Manufacturing Controlled Substances Litigation in Atlanta, Georgia |
| |
| A person commits a criminal offense if he or she manufactures a controlled substance without authorization, if he or she manufactures a counterfeit or a simulated substance with the intent to deliver a controlled substance, or if he or she manufactures drug paraphernalia with the intent to deliver the drug paraphernalia to a person who intends to violate the drug laws. |
| |
| Atlanta Georgia Right to Appeal Information and Procedures |
| |
| A defendant has a right to appeal his or her final judgment of conviction and sentence by a trial court to a state's appellate court. In order to be considered a defendant for purposes of an appeal, the defendant must have been charged with a crime or the defendant must have committed a criminal offense. |
| |
| Theft Defense Law in Atlanta and Georgia |
| |
| A person commits the offense of theft when he or she unlawfully appropriates property with the intent to deprive an owner of the property. The essential element of the offense is depriving the owner of the use, benefit, enjoyment, or value of the property without the owner's consent. |
| |
| Possession of Controlled Substances Law in Atlanta and Georgia |
| |
|
Controlled substances are drugs, which are used for the diagnosis, cure, treatment, or prevention of disease in humans and animals and which must be obtained under a valid prescription from a licensed practitioner. Possession of controlled substances without a valid prescription is a criminal offense.
Controlled substances are categorized according to schedules and penalty groups. The schedules list a controlled substance according to its history for abuse, its potential for abuse, its pharmacological effect, its risk to the public health, and its potential to produce physical or psychological dependence. The penalty groups set forth the punishment for offenses that involve the scheduled substances.
|
| |
| Terms & Conditions Of Probation for Atlanta and Georgia |
| |
| A trial judge generally has discretion whether to grant probation to a defendant. The trial judge also has discretion to determine the terms and conditions of the defendant's probation. Only the trial judge that presided over the defendant's trial has the authority to determine the terms and conditions of the defendant's probation, unless the trial judge transfers jurisdiction of the defendant's case to another court. Although a jury may recommend probation for a defendant, the jury does not have the authority to determine the terms and conditions of the defendant's probation. |
| |
| Criminal Forfeitures and Attorney Fees Information for Atlanta and Georgia |
| |
|
Although a defendant has a right to an attorney and although the attorney has a right to be compensated for her services, the defendant does not necessarily have the right to transfer an asset to that attorney in lieu of payment when the asset may be subject to criminal forfeiture. Generally, the defendant may transfer an asset for compensation to him or her attorney if:
- the transfer was made for legitimate services rendered by the attorney and
- where reasonable grounds existed for the attorney to believe that the asset was not subject to criminal forfeiture.
|
| |
| Information on Search Warrants it Atlanta and Georgia |
| |
| The Fourth Amendment of the United States Constitution guarantees the right to be secure against unreasonable searches and seizures. It provides that warrants for an arrest or for a search shall be based on probable cause, shall be supported by an oath or an affirmation, and shall describe with particularity the placed to be searched or the person or thing to be seized. |
| |
| |
| |
