While most men and women who have a Georgia Weapons License know when and where they can carry their firearm, there are still those that have questions regarding certain areas of the law that may be murky. If you fall into this category, keep reading to see answers to questions that have that will help inform you on how to properly carry a weapon in Georgia.
Am I allowed to carry a firearm into a church?
No, you cannot carry a firearm into a church or any other place of worship for that matter. However, it is not illegal to have a firearm in your car in the parking lot of a place of worship such as a church, so long as you have a valid Georgia Weapons License.
Can I carry my firearm into a restaurant?
The SB308 law does not stop you from carrying your firearm into a restaurant, so long as you have a valid Georgia Weapons license. It should be noted, however, that if the owner of the establishment does not want you in his or her restaurant because you are carrying a firearm, you must leave. Failure to do so within a reasonable amount of time is breaking the law, and may end badly, as you may be charged with criminal trespass.If you have been charged with criminal trespass, but followed proper procedure and left the eating establishment in a quick manner, contact a reputable Savannah criminal defense attorney who can help protect your rights as a gun owner.
Can I carry at a Wildlife Management Area or a State Park?
Yes, and State law preempts any local ordinances that may take issue with this. You are also allowed to carry your firearm into any publically owned and operated buildings on these types of properties.
I know that it is illegal to carry a firearm into a government building. My question is what exactly is a government building?
A government building is any building that houses an institution, division, body, board, commission, authority, department, agency or office of the state or any county, consolidated government, municipal corporation, or board of education in the state of Georgia. You should also know that if a government entity meets in a privately owned building, you cannot carry a firearm into the area of the building where the government entity exists and meets.
I have been cooperative in every aspect of my first DUI case. What happens if I plead guilty in court?
Because of the DUI laws in the state of Georgia, if you plead guilty to your first DUI charge you will receive mandatory jail time. Despite your cooperation, the judge ruling over your case has no other choice but to sentence you to jail time. When you plead guilty to your first DUI charge your license will also be suspended for one year, and you will have a DUI on your criminal record which may result in less employers hiring you. You will also experience higher automobile insurance rates among other consequences.
I do not recall my arresting officer reading me my Miranda rights. Can my case be thrown out?
A police officer only has to issue you your Miranda rights after you have been arrested and before he or she interrogates you. Under Georgia law, a police officer does not have to give a Miranda warning during an officer’s initial DUI investigation. It is a good rule of thumb to keep quiet and not say anything that may incriminate you before, during or after you have been arrested. However, if you have been placed into custody, interrogated, and not issued a Miranda warning any incriminating statements you make will not be admissible in the court of law.
It is always a good idea to contact one of the Savannah DUI lawyers if you have any questions regarding Miranda rights or any other facet of DUI law.
A colleague of mine mentioned the 10 day rule. What is this?
The 10 day rule comes into play if you refused to take a urine, blood or breath test. If this is the case in your situation, you are looking at a one year suspension of your driver’s license. You can avoid this by requesting a hearing to the Georgia Department of Public Safety, which must be hand written. If you do not make this request within 10 business days of your arrest, then your Georgia driver’s license will be suspended automatically.
If you or somebody that you know is involved in a case where the outcome may be a probationary sentence outside of jail or prison, you may have some questions that you have not had the opportunity to ask your future probation officer. Below are a few frequently asked questions that arise concerning probation in the state of Georgia.
Question: I’m on probation, but I have to move for work. Is this possible?
Answer: This is a common question, and one that P.O’s (probation officers) and judges get quite often. Courts will often grant a request to move to a different state, as long as such a request is for good reason. Your best course of action would be to ask your probation officer if you are allowed to move. You will still be responsible for any payments and special conditions that have been mandated by your judge and/or probation officer. It is always wise to consult with a Savannah criminal defense attorney such as Dennis O’Brien, who may be able to help you secure your request in a more effective fashion.
Question: Must I serve my entire probation sentence?
Answer: Typically you must serve your entire probation sentence. In some cases you may be allowed to mail in your monthly probation fee payments rather than visiting the probation office in person, if you have completed everything that you were required to do. However, having your lawyer file for a petition for an early release from your probation sentence is common and can be successful as well.
Question: What is the difference between parole and probation?
Answer: Parole is a kind of supervision that starts after an individual’s release from prison or country jail after already serving a part of the sentence that they received. Probation is a kind of supervision that a judge gives to an individual instead of serving their sentence behind bars. A man or woman who violates his or her probation or parole will likely have to serve the remainder of their sentence in jail or prison.
Having an experienced criminal defense attorney on your side can help increase the chances of achieving a reduced sentence or a form of supervision such as probation. Contact our office today for a free consultation to see how O’Brien Law Firm PC can help you with your legal matters.