Monthly Archives: June 2015

Minors Not In Possession of Alcohol Can Still Be Charged

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In the state of Georgia, any minor that has even just a small trace of alcohol in their blood stream can be charged with possession of alcohol, even if they do not actually have alcohol on their person. This can lead to an arrest for possession of alcohol, even if no bottles or drinks are physically present. This could lead to a potentially frightening situation should you find yourself with a police officer who smells alcohol on your breath or a faulty Breathalyzer that has led to false reading of your body’s blood alcohol content levels.

Now, all an officer needs to testify is to find an odor of alcohol on a minor’s breath. With one breath, an officer has a potential case against you. Should an officer wish to testify and the minor is convicted as a minor in possession of alcohol, the penalties are quite substantial, including the minor’s driver’s license possibly becoming suspended for six months. That is why it is important to find a criminal defense attorney in Savannah, or in the surrounding area, that is knowledgeable in this field, such as O’Brien Law Firm PC.

Alcohol on your breath is not the only way an officer can have a potential case, however. False readings from a machine that measure the blood alcohol content levels, like a Breathalyzer, can also lead to a conviction of this offense with just one breath. If you believe that you have undergone a Breathalyzer exam that found false results, it is important to find a Savannah criminal defense attorney to help back up your case. Being convicted of a crime that you did not commit can cause major issues for you in the future. Minors especially are can find themselves in quite a lot of trouble if a machine throws a false reading as the smallest trace can land them into a heap of trouble.

There are many options if you are charged as a minor in possession. If you are in need of a knowledgeable criminal defense attorney that will try their hardest to help you fight against these charges, O’Brien Law Firm PC wants to help. If you believe a faulty machine was at work or that you were wrongly accused by a police officer that supposedly smelled alcohol on your breath, the best defense attorneys in Savannah, GA can help you figure out the best way to tackle this trial. Give them a call today.

The Best Criminal Defense for Teenagers and Young Adults

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If you or a loved one is ever in need of a criminal defense attorney in Savannah, GA, O’Brien Law Firm PC is the firm to contact. Teenagers can be arrested, just like adults, for breaking any law in Savannah, GA. Although teenagers get a more lenient prosecution and sentencing compared to adults, it is still important to have an expert Savannah criminal defense lawyer to protect the offender. Here at O’Brien Law Firm PC, we have a team of criminal defense lawyers that are knowledgeable in both adult and juvenile defense law.

Keep reading for examples of criminal cases, and how they are handled by the legal system

Teenage Pranks

Teenage Pranks (TP) are a common occurrence in Savannah, GA. Whereas the ideal situation is that most high school students are under the age of 18, it does happen that some 18-year-olds still find themselves in high school. Pranks are considered harmless, especially if no one gets hurt and no property is destroyed. The legal system in Savannah GA often lets serious pranks, by under 18-year-olds, slide with only a stern warning. However, in the event that an 18+-year-old (high school student) executes a teenage prank that goes awry, the leniency with which the law treats under 18-year-olds is no longer practiced. The 18+-year-old can be charged with trespassing and vandalism to the full extent of the law as he is considered an adult. An O’Brien Law Firm PC criminal defense attorney can represent the young adult in a light that poses him/ her (the offender) as a person whose emotional and cognitive functions are still those of a teenager in order to get a lenient sentencing

Possession of Drugs

As the abuse of prescription drugs, especially painkillers, increases in Savannah, GA, the laws that seek to curb this vice tighten. Teenagers (under 18 years old) can still be prosecuted for having prescription drugs, especially excessive quantities, without an authentic prescription. Unfortunately for 18+-year-olds, the possession of such drugs poses an even bigger legal implication that could earn them up to 9 years in prison. Again, an O’Brien Law Firm PC criminal defense attorney in Savannah, GA can mitigate the damage that such an offense can have on the offender through expert intervention.

Conclusion

Anyone in Savannah GA can find him/ herself on the wrong side of the law. Thankfully, O’Brien Law Firm PC has adult and juvenile defense attorneys that can handle each offender’s case with the expertise needed to minimize the legal implications of committed offenses on the accused. Whether its teenage pranks or the possession of drugs, young adults can get lenient sentencing such as would be granted teenagers, if and when they get adequate legal representation. If you find yourself facing a criminal charge in Savannah, GA, contact us for more information on your case, as well as stellar legal representation

Gun Rights: Long Term Consequences to Pleading Guilty in Georgia

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Quite a few rights can be denied if you are to plead guilty to certain crimes. Gun rights are a right that is often revoked for those who plead guilty to many crimes. Some convictions can even lead a defendant to be unable to possess a firearm for up to ten years. A few of these convictions include threats to public officers or police officers, possession of a deadly weapon with intent to intimidate or threaten a witness, and outright intimidation of witnesses.

A few violent crimes can lead to the defendant losing gun rights where an injury is created or a greater bodily injury could have occurred. These include assault, including any assault with a firearm, battery, and sexual battery. A grossly negligent discharge of a firearm will also result in gun rights being banned. As you might guess, domestic violence is an area where these rights are commonly revoked. No matter if there was measurable harm or not, stalking, threats, and harassment can also trigger a ban.

Another great annoyance to people who have found themselves in a banned state is the seemingly secret ban laws in place. This can cause a ten year ban that can actually lead to a lifetime ban according to federal law. These secret ban laws also restrict people with restraining orders from possessing a firearm. With the right Savannah criminal defense lawyer, you can more easily understand these supposedly secret ban laws.

Many people do understand that convicted felons are not allowed to possess guns. Mentally incompetent, insane, or mentally disordered sex offenders are also unable to possess firearms.

Expungement does not mean that your right to possess a firearm is automatically restored. Say you had what is known as a wobbler, or a felony conviction that should have been just a misdemeanor. In this situation, you could have the matter reduced, but then would have to expunge the conviction. Sometimes, however, the rights cannot be restored even after the ten year period. Those convicted of brandishing or discharging a firearm will likely be placed under a lifetime ban.

If you have been accused of a crime, or have family member that is in need of a criminal defense lawyer in Savannah, give O’Brien Law Firm PC a call today to learn more about your charges and how you should respond to them. They can answer many questions on crimes, convictions, and bans.

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