Stephen G. Adkins, Attorney at LawValdosta Criminal Defense Attorney | Lowndes County Family Law2024-03-25T17:22:05Zhttps://www.adkinsdouglaslaw.com/feed/atom/WordPress/wp-content/uploads/sites/1303330/2021/09/cropped-StephenAdkins_SITEICON_512x512_SEPT21-32x32.jpgOn Behalf of Stephen G. Adkins, Attorney at Lawhttps://www.adkinsdouglaslaw.com/?p=472952024-03-25T17:22:05Z2024-03-25T17:22:05ZPublic information is fair game
Police officials are increasingly scraping social media to uncover criminal activity. If you post anything that could link you to a crime online, you may have unintentionally helped speed up police work.
The protection of the Fourth Amendment may not apply to your public posts, which are visible to everyone, including law enforcement. Even if you do not post often, your profile can still reveal more about you than you may realize. It could provide clues about your recent activities, location and the people you know.
However, the situation becomes more complex when it comes to private social media accounts.
How police access your social media information
People feel more comfortable expressing themselves on a private social media account or while chatting with a friend, believing it will remain confidential. However, that is not always the case. Here are some ways the police could view your private interactions:
Requesting access from the social media company: While the terms and conditions of most platforms require a warrant before releasing user information, the police may meet that requirement easily.
Using informants: Some court rulings suggest that by sharing content with others, even privately, you give up any expectation of privacy for that content. If one of your social media friends is collaborating with the police, the police could access your profile through their account.
Going undercover: The police are no strangers to creating fake profiles. Accepting a friend or follow request from an account that is undercover police may give them access to content you shared in private.
Generally, the police need a valid warrant to access a private social media account. However, merely adjusting your privacy settings may not be enough to protect you. If you are accused of a crime, consider speaking to a criminal defense attorney for help understanding and defending your rights.]]>On Behalf of Stephen G. Adkins, Attorney at Lawhttps://www.adkinsdouglaslaw.com/?p=472932024-03-15T21:27:11Z2024-03-15T21:27:11ZSurveillance from above
One of the primary ways police use drones in suspect identification is through aerial surveillance. Equipped with high-resolution cameras and thermal imaging technology, drones can capture detailed images and videos from above. This allows law enforcement to monitor suspects from a safe distance and gather valuable evidence.
Search and rescue operations
Law enforcement also uses drones in search and rescue operations to locate missing persons or suspects. With their ability to cover large areas quickly and access hard-to-reach locations, drones can aid law enforcement in locating individuals who may hide or become lost.
Monitoring public events
During public events or gatherings, such as protests or rallies, police may deploy drones to monitor crowds and identify potential suspects engaged in criminal activity. From above, drones can provide a comprehensive view of the situation, helping law enforcement to maintain public safety.
Assisting in investigations
In criminal investigations, drones gather evidence and reconnoiter crime scenes. By capturing aerial footage and images, drones can provide valuable insights into the layout of an area and potential escape routes used by suspects.
While the use of drones in suspect identification offers several benefits to law enforcement, it also raises concerns about privacy rights. Critics argue that constant aerial surveillance infringes upon individuals' privacy and civil liberties. As such, there is an ongoing debate about the appropriate use of drones by law enforcement agencies.]]>On Behalf of Stephen G. Adkins, Attorney at Lawhttps://www.adkinsdouglaslaw.com/?p=472922024-03-13T15:19:23Z2024-03-13T15:19:23ZSuspension periods based on driver’s offense history
The length of a license suspension for a DUI offense depends on certain factors, but it’s mainly based on the number of prior DUI offenses the person has. Here’s an overview of how it works:
First DUI offense: For a first DUI conviction in Georgia, the license suspension period is typically up to 12 months.
Second DUI offense: A second DUI conviction within a five-year period can result in a three-year license suspension.
Third DUI offense: A third DUI conviction within a five-year period is a high and aggravated misdemeanor and can result in a five-year license suspension.
But while a court can suspend a driver’s license for their DUI offense, a driver may be able to restore some of their driving privileges – with a catch.
Limited driving privileges
It may be possible for a convicted driver to apply for a limited driving permit, which could allow them to drive to work, school, medical care, alcohol and drug treatment programs or other approved activities. As a requirement for this limited reinstatement of driving privileges, a court may require the driver to install an ignition interlock device (IID) on their car. This device prevents a car from starting until a driver blows into the device and the IID detects no alcohol from the breath sample.
So, how long will your driver’s license stay suspended for a DUI offense? It depends on the number of prior offenses you’ve committed. However, a suspension can hurt your quality of life, and being asked to participate in an IID program could be costly. Consider your legal options if you face DUI charges. A legal professional may be able to advise you on your case and fight to protect your rights in court.]]>On Behalf of Stephen G. Adkins, Attorney at Lawhttps://www.adkinsdouglaslaw.com/?p=472912024-03-06T16:39:11Z2024-03-06T16:39:11ZGeorgia’s citizen’s arrest law, the rules for using it have become stricter to prevent potential abuse. Even if the law permits a store or its employees to detain you for theft, there are still boundaries they must respect.
Retail owners in Georgia can detain shoplifters but not arrest
Retailers or employees can legally detain, rather than arrest, someone they saw stealing or have reasons to believe they did. Detention is only a temporary measure, allowing the store to investigate what happened and hold a suspect until the police can take over. It must be brief. If the police do not show up within an hour of detention, the store must let the detained offender go along with their belongings.
On the other hand, if the police arrive, they could arrest the suspect for theft by shoplifting. Still, neither the retail owners, employees or the police can use deadly force unless there is an immediate threat to someone’s safety.
Unfortunately, there are many instances of wrongful accusations or rights violations during detention or arrests in Georgia. If this is the case for you, stay calm and consider speaking with an attorney when you can.
Potential consequences of shoplifting
Facing shoplifting charges can be terrifying, mainly because the state imposes severe penalties. Even a first conviction could result in a felony if the value of the stolen property exceeds $500, subject to one to 10 years in prison.
Beyond criminal penalties, the retailer may pursue civil damages and demand payment for their losses.
If you are facing charges for shoplifting or similar offenses, a criminal defense attorney may act as your advocate. These situations can undoubtedly be frightening and life-changing if mishandled. Having a lawyer defend your rights or guide you through the process may allow you to confront accusations more effectively than you might alone.]]>On Behalf of Stephen G. Adkins, Attorney at Lawhttps://www.adkinsdouglaslaw.com/?p=472902024-03-05T18:59:42Z2024-03-05T18:59:42ZIf you are facing assault charges, you are likely feeling a mix of emotions - confusion, anxiety, maybe even fear. Take a deep breath. While the situation is serious, understanding the charges and your options can bring some peace of mind and a clearer path forward.
Breaking down simple assault charges
Simple assault in Georgia is a legal term that can seem quite broad, but it specifically refers to cases involving either an attempt to cause violent injury to someone or placing someone in fear of immediate physical harm.For instance, you could wind up facing charges if you make verbal threats to hurt someone or act in such a way that a person reasonably believes they are in danger of immediately receiving a violent injury.The critical components of simple assault charges in Georgia are the intent to cause fear or the attempt to cause injury, regardless of whether contact is made or injury occurs. It's this attempt or threat that the law takes seriously, and it can have significant legal implications if not addressed properly.
Penalties for simple assault
A simple assault conviction can trigger penalties, including:
Up to 12 months in jail
Fines up to $1,000
Probation
Community service
Anger management classes
You might also face consequences at work or school. Further, a violent criminal conviction can adversely impact housing or job applications as well as your personal relationships.
Escalation to aggravated assault
Simple assault charges are typically misdemeanors. However, certain factors can escalate a simple assault to aggravated assault, which is a more serious charge with harsher consequences. These factors include:
Using a deadly weapon or object that can result in serious injury
Assault with intent to rob, rape or murder
Assaults that occur in public transit vehicles or stations, against persons aged 65 or older, or against pregnant women
Aggravated assault is a felony, which can lead to more severe penalties, such as longer prison sentences, higher fines and lasting impacts on your personal and professional life.
Defending against assault charges
An assault charge is not the end of the road. With the right approach and legal support, you can defend yourself, minimize exposure to consequences and focus on moving forward.]]>On Behalf of Stephen G. Adkins, Attorney at Lawhttps://www.adkinsdouglaslaw.com/?p=472842024-02-29T00:17:32Z2024-02-29T00:17:32ZIn general, too much of anything can be dangerous. While it is not wrong to have a drink or two after a tiring day, getting behind the wheel of a motor vehicle while intoxicated could pose threats to you and the people around you. Certain levels of alcohol intake can impair your judgment, which could cause accidents. But how much alcohol is considered too much?
What is BAC?
Blood alcohol content level, or BAC, rises as you consume alcohol. Alcohol tolerance does not affect BAC, but your gender, weight and the length of time when you stopped drinking alcohol does. The way BAC increases or decreases could be different for everyone.In Georgia, it is illegal to operate a car or any motor vehicle if your blood alcohol level reaches 0.08%. If you are younger than 21 years old or if you are a commercial driver, this limit could go lower to 0.02%. Reaching the legal BAC limit assumes that you are too intoxicated to drive.
How does BAC affect arrest and penalties?
When you have been subjected to a breath test and reached the legal BAC limit, the following scenarios could happen:
DUI charges: Under Georgia law, reaching the 0.08% BAC is enough evidence for intoxication. You may also receive enhanced penalties if your BAC exceeds a certain level.
Jail time: Depending on the number of your DUI offenses, you can serve a day or up to a year in jail.
Fines: The court may fine you $300 to $5,000 depending on the number of your offenses.
License suspension: Depending on the number of your offenses, your license may be suspended from 1 year to 5 years. There might also be additional fees to reinstate your license.
Other penalties: Aside from the items mentioned above, the court could also require you to do community service, undergo clinical evaluation or complete a substance treatment abuse program.
A high blood alcohol content level does not automatically convict you of drunk driving charges. A breath test is just one of law enforcement’s ways of obtaining evidence. However, it has its share of complications, like inaccuracy, miscalibration and improper handling. An experienced DUI lawyer can help provide strong defenses for your situation. ]]>On Behalf of Stephen G. Adkins, Attorney at Lawhttps://www.adkinsdouglaslaw.com/?p=472832024-01-29T15:08:33Z2024-01-29T15:08:33ZThe penalties in Georgia
The penalties for a DUI in Georgia are severe and can impact your life in many ways. They include:
Jail time: A driver convicted of DUI for the first time can face 10 days to 12 months in jail. A court can waive or reduce this duration, but if the driver’s blood alcohol level during the offense was over .08%, they must undergo a mandatory 24-hour incarceration period.
Community service: On top of imprisonment, a court may also order you to complete at least 40 hours of community service for a first offense.
Probation: A first offense usually includes 12 months of probation minus any time served in jail.
If you live out of state, attending court and serving a jail sentence far from home may be troublesome.
The penalties back home
Normally, a state reports an out-of-state driver’s offense back to the driver’s home state. This allows the home state to treat the offense as if the driver had committed it back in their jurisdiction.
Georgia isn’t a part of the Driver License Compact that allows members to share traffic violation and license suspension information. However, your DUI conviction is still entered into the National Driver Register (NDR).
If you try to apply for or renew a license in your home state, the licensing state will check the NDR’s database. If it finds information that Georgia has revoked your license due to a DUI, the licensing state will block your application until you’ve resolved the issue or served your sentence with Georgia.
As an out-of-state driver, it's vital to know your rights and responsibilities under Georgia law. Consulting with a local legal professional may be able to help mitigate these penalties and navigate the complexities of your case.]]>On Behalf of Stephen G. Adkins, Attorney at Lawhttps://www.adkinsdouglaslaw.com/?p=472822024-01-17T10:20:03Z2024-01-17T10:20:03ZDUI drug laws
According to state law, it’s illegal for persons to drive or have actual physical control of a moving motor vehicle while under the influence of any drug to the extent that it’s less safe for the person to drive. The law also prohibits persons under the combined influence of alcohol and drugs to operate a motor vehicle.
This definition might sound like it only applies to illicit substances such as cocaine, heroin, LSD and meth. However, the law specifies that any drug that can impair driving ability can lead to a DUI charge. This means prescription drugs and over-the-counter medications such as antihistamines, decongestants, muscle relaxants, antidepressants, opioids and even cough syrups that have sedative effects can trigger charges.
Testing and evidence
If a police officer pulls you over for a suspected DUI, they’ll still have to test whether you’re intoxicated due to drugs or alcohol. Officers may use a variety of tests to determine drug-based impairment, such as field sobriety tests and chemical tests.
Unlike alcohol DUIs, where drivers must have a blood alcohol or breath level of .08% to face charges, officers can charge drivers for drug DUI for any amount of controlled substances or drugs in their system.
Keep in mind that Georgia has an implied consent law; by driving on state roads, you automatically give consent to blood, breath and urine chemical tests if arrested for DUI. If you refuse to submit to chemical testing, it can lead to an immediate license suspension, separate from the criminal penalties you face for a DUI.
The penalties for a drug DUI include fines, jail time, community service, and mandatory DUI school.
In Georgia, driving under the influence of drugs can carry severe consequences that affect your freedom, finances, and future. If you are facing DUI drug charges, it is imperative to seek legal advice to understand your rights and the defenses available to you.]]>On Behalf of Stephen G. Adkins, Attorney at Lawhttps://www.adkinsdouglaslaw.com/?p=472812024-01-12T16:05:43Z2024-01-12T16:05:43ZStopping pedestrians
Valdosta has a relatively low walk score of 30, but some neighborhoods score as high as 69. Residents in these areas can perform many errands on foot. If someone who is walking matches the description of a suspect in a recent crime or is acting in a manner that raises suspicion, an officer may have grounds to initiate a stop and ask for identification.
This suspicion must derive from specific, articulable facts. These facts must lead the officer to believe a crime is taking place or occurred. Such suspicions may arise from observations of behavior, the location or other factors that warrant further investigation.
Showing identification
Citizens in Georgia have the right to refuse to provide identification during a pedestrian stop. However, refusal may raise suspicions and could worsen the situation. Officers must have a valid reason for the stop, and individuals have no obligation to provide identification without reasonable suspicion.
In Georgia, the authority of police officers to stop individuals while walking and request identification comes from the concept of reasonable suspicion. Balancing the need for law enforcement to maintain public safety with citizens' rights is an ongoing challenge that emphasizes the importance of awareness and education regarding individual rights in such encounters.]]>On Behalf of Stephen G. Adkins, Attorney at Lawhttps://www.adkinsdouglaslaw.com/?p=472802024-01-10T12:36:45Z2024-01-10T12:36:45Zfourth DUI conviction within the 10-year timeframe.
A DUI can also become a felony when you cause an accident that results in injury or the death of another person. Furthermore, driving under the influence with a child under the age of 14 in the vehicle can result in an additional charge of child endangerment, which may elevate the DUI to a felony if there are multiple counts. Understanding when a DUI crosses this threshold is crucial for Georgia drivers because the consequences and penalties are much more severe.
Consequences of felony DUI in Georgia
Drunk driving can become a felony under certain circumstances, particularly when it involves repeat offenses or results in harm to others. The penalties for a felony DUI are significantly more severe than those for a misdemeanor. They can include:
Extended jail time: A felony DUI conviction can come with a prison sentence ranging from one to five years, which could increase to 15 years if you caused significant injury or death.
Hefty fines: Fines for a felony DUI can be substantial, sometimes exceeding $5,000.
License revocation: A felony DUI often results in a lengthy revocation of your driver's license, potentially for five years or more.
Probation: Probation for a felony DUI can last for a considerable period and comes with strict conditions that you must follow.
License plate surrender: A felony DUI convicted driver must surrender the license plates of the vehicles registered under their name.
Remember, you could face even harsher penalties depending on the damage you caused while driving under the influence. The state will also consider you a convicted felon, and it will appear on your criminal record permanently.
Why you should fight felony DUI charges
A felony DUI conviction can negatively impact your life and ruin your reputation. It could affect career opportunities and prevent you from securing loans. One DUI misdemeanor could be the first step toward a felony. Therefore, when facing DUI charges, you must consult an experienced attorney to find the best way to avoid a conviction or lessen the possible penalties.]]>