Archive for the Criminal defense attorney savannah ga Tag

FAQ’s about Burglary in the State of Georgia

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Criminal Defense Attorney in Savannah Dennis O’Brien –  Answering Questions About Burglary

Burglary is defined as illegally entering a building for the purpose of committing a crime. It is often referred to as housebreaking or breaking and entering. Keep in mind that a person can be charged with burglary even if he or she does not steal anything from the home. The vast majority of burglaries are committed in houses, but they can be committed in just about any building.

There are a number of questions that people frequently ask criminal defense lawyers in Savannah about burglary. Below are some of the most frequently asked questions about this crime:

What Happens If I Break Into Someone’s House Without Stealing Anything?

Again, burglary may not involve stealing. If you break into a building, then you could be charged with burglary even if you do not steal anything. Burglary is a felony in the state of Georgia.

In some cases, simply going inside a person’s house can be grounds for a burglary charge. Here is an example of such a scenario:

A woman gets a restraining order against her ex-husband. The ex-husband shows up to her home and goes inside. This man could be charged with burglary. He could also be charged with aggravating stalking. Aggravated stalking is a felony in the state of Georgia.

What Exactly Constitutes Burglary?

In order for the crime to be considered burglary, a person must have an intention to steal or commit a felony. Without the intention to steal or commit a felony, one will be charged with criminal trespassing. Criminal trespassing is a misdemeanor in Georgia.

What Is The Penalty For Burglary?

Burglary is a crime that can have serious consequences. If it is your first offense, you could  spend anywhere from one to 20 years in prison. Upon a second offense, you could spend  two to 20 years in prison. If it is your third offense, then you could spend a minimum of five years in prison and a maximum of 20 years. With the help of a Savannah GA criminal defense attorney, your chances of getting off with a lighter punishment will be greater.

If you or somebody that you know has been accused or charged of burglary, your first step should be contacting a seasoned attorney that can help guide you through your or your loved one’s case. Dennis O’Brien will work aggressively to protect your rights as a citizen, day and night.

The Safety Is on – Places In Georgia Where You Can Carry

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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.

Living the “High” Life and Losing Your Licence

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Some of the most common cases that the Courts in the State of Georgia hear are cases involving the possession of marijuana. The penalty for such a charge, as is the case with most misdemeanors, is imprisonment for up to 12 months in jail, in addition to a fine up to $1,000. While most people are concerned about the potential for jail time in a marijuana possession case, a significant number of those who are charged are more worried about having their license suspended. Having a suspended license is not only a hassle, it can bring about serious problems if you or somebody you know relies on their car to make ends meet, or is caught driving on a suspended license.

Below is a table of the penalties involving possession of marijuana and license suspensions.

Conviction Nolo Contendere Available? License Suspension Limited Permit Available? Requirements for Reinstatement
1st Conviction in 5 Years Yes If the Court accepts a plea of Nolo Contendere, a suspension of 180 days will be implemented. No Defendant must complete a DUI Alcohol or Drug Risk Reduction Course, in addition to a $200 license reinstatement fee.
2nd Conviction in 5 Years No 1-Year Suspension No Defendant must complete a DUI Alcohol or Drug Risk Reduction Course, in addition to a $200 reinstatement fee.
3rd Conviction in 5 Years No 5-Year Suspension Yes, but only after two (2) years of what some Courts call “Hard Suspension” is completed, in addition to a Drug Treatment Program licensed by the Department of Driver Services. Defendant must also meet all other requirements from the DDS. Defendant must complete a DUI Alcohol or Drug Risk Reduction Course, in addition to a $200 license reinstatement fee.

If you have been accused of possession of marijuana in the State of Georgia, and have questions about your charges, contact Dennis O’Brien at O’Brien Law Firm PC today. Dennis has years upon years of experience offering clients criminal defense for drug cases in Savannah GA and also as as a police officer. As such, he has dealt with many cases involving marijuana. His dynamic approach to defending client’s cases has made him one of the most trusted defense lawyers in the State of Georgia.

FAQ’s On Sexual Offenders

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In today’s age of ultra-sophisticated technologies, where any man or women with a regular income can purchase high speed internet for their home computer, laptop, mobile device or tablet, more and more citizens in the State of Georgia are finding themselves in situations involving internet sex crimes. It is a known fact that federal agencies as well as local police departments have units that specialize in finding sexual predators.

Those who are convicted of these types of crimes often have to deal with very harsh consequences, including lengthy prison time as well as time on parole, when that sex offender will register with the Georgia Sex Offender Registry. Because of this reality, it is wise for every citizen to know and understand some important questions that are commonly asked pertaining to sexual crimes in the State of Georgia.

What is a Sexual Offender?

  • A sexual offender is any individual who has been convicted of a criminal offense against a victim who is a minor or any dangerous sexual offense.
  • A person who has been convicted under the laws of another state or territory, under the laws of the United States, under the Uniform Code of Military Justice, or in a tribal court of a criminal offense against a victim who is a minor.

What is a Sexually Dangerous Predator?

  • A person who was designated as a sexually dangerous predator between July 1st, 1996, and June 30, 2006.
  • A person who has been determined by the Sexual Offender Registration Review Board to be at risk of perpetrating a dangerous sexual offense in the future.

Who is Required to Register with the Georgia Sex Offender Registry?

  • Any man or woman that has been convicted after July 1st, 1996 of a dangerous sexual offense.
  • Any man or woman that has been previously convicted of a criminal offense against a victim who is a minor and may be released from prison or placed on supervised release, probation, or parole after July 1st, 1996.
  • Any man or woman that has been previously convicted of a sexually violent offense or dangerous sexual offense and may be released from prison or placed on parole, supervised release, or probation on or after July 1, 1996.

If you or somebody that you know or love has been accused of being an internet sex offender, and you live in the State of Georgia, it is crucial that you contact a quality Savannah criminal defense attorney who offers sex offender criminal defense such as O’Brien Law Firm PC, so that you or your loved one’s case can be reviewed.

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Savannah GA, 31401
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