PJ Campanaro is a DUI Defense Lawyer in Augusta GA
Common criminal law terms - FAQs
The arraignment is your first court appearance after arrest. During arraignment, the judge reads the charges filed against you in the complaint and you can choose to plead "guilty," "not guilty" or "no contest" to those charges. The judge will also determine your bail and set dates for future hearings.
A preliminary hearing, or preliminary examination, is an adversarial proceeding in which attorneys questions witnesses and both parties make arguments. The judge then decides the ultimate finding of probable cause. In a grand jury, the jury hears only from the prosecutor. The grand jury can call their own witnesses and ask for further investigations be performed. The grand jury then decides whether sufficient proof has been presented to indict the defendant.
A guilty verdict or a plea bargain results in a conviction and a criminal record is established. The creation of a criminal record carries with it far-reaching affects. A conviction can carry a wealth of hidden consequences that can become effective under a variety of circumstances. A criminal conviction can have major repercussions. It can impact the individual on a more basic level when he attempts to seek employment. Federal law and most state agencies now requires background verifications and allow disqualification based on conviction in a wide variety of employment areas including education, healthcare services, child and eldercare, financial institutions and transportation. A previous will play an important role in the result of all future criminal charges.
Augusta GA DUI Lawyer | Georgia Criminal Defense Attorney
Augusta Georgia Criminal Defense Lawyer Defending Juvenile crimes
Georgia Criminal Defense Lawyer Defending Juvenile crimes
In juvenile law, the criminal process isn't like that of adults. Juveniles are usually charged with being a delinquent or engaging in delinquent behavior instead of being charged with a particular offense. The proceeding is brought before a juvenile court judge who sentences the juvenile with the intent to rehabilitate the juvenile. A special court called the Juvenile Court is designated to handle juvenile delinquency cases and dependency cases. Delinquency cases involve charges of criminal law violations against a minor. Dependency cases include allegations of child abuse or neglect against the parents or guardian of a minor. Juvenile cases can be transferred into adult courts if the juvenile court waives its jurisdiction. This is done to deny some offenders the rights and protections that have evolved in juvenile law. All states provide for some type of waiver mechanism, and most set a lower age limit (13 and 14 in a handful of states; 17 and 18 in most). The law on how to properly conduct waivers has been settled by the Kent v. US (1966).
Different laws apply to juveniles. Juveniles do not have the right to a trial by jury. If a juvenile is accused of committing a very serious offense, such as murder or rape, the District Attorney, with the court's permission, may decide to try the offender as an adult. The minimum age for a juvenile to be tried as an adult is varies from state to state, but can be as less as thirteen. A number of states (about 35) permit the execution of juveniles regardless of age.
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Drunk driving defense lawyer Augusta GA - Evans GA and Criminal Attorney in Richmond & Columbia County.
In juvenile law, the criminal process isn't like that of adults. Juveniles are usually charged with being a delinquent or engaging in delinquent behavior instead of being charged with a particular offense. The proceeding is brought before a juvenile court judge who sentences the juvenile with the intent to rehabilitate the juvenile. A special court called the Juvenile Court is designated to handle juvenile delinquency cases and dependency cases. Delinquency cases involve charges of criminal law violations against a minor. Dependency cases include allegations of child abuse or neglect against the parents or guardian of a minor. Juvenile cases can be transferred into adult courts if the juvenile court waives its jurisdiction. This is done to deny some offenders the rights and protections that have evolved in juvenile law. All states provide for some type of waiver mechanism, and most set a lower age limit (13 and 14 in a handful of states; 17 and 18 in most). The law on how to properly conduct waivers has been settled by the Kent v. US (1966).
Different laws apply to juveniles. Juveniles do not have the right to a trial by jury. If a juvenile is accused of committing a very serious offense, such as murder or rape, the District Attorney, with the court's permission, may decide to try the offender as an adult. The minimum age for a juvenile to be tried as an adult is varies from state to state, but can be as less as thirteen. A number of states (about 35) permit the execution of juveniles regardless of age.
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Drunk driving defense lawyer Augusta GA - Evans GA and Criminal Attorney in Richmond & Columbia County.
Sex crime lawyer Augusta GA | Richmond County Georgia Sexual offense attorney
Sex crime lawyer Augusta GA
Richmond County Georgia Sexual offense attorney
Statutory rape is described as nonforcible sexual intercourse with a person who is less than the legal age of consent. Statutory rape is a crime and refers to sexual relations with a person who has not reached the statutory age of consent. Sexual relationship even with the consent of that person is statutory rape.
Incest is defined as nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited under the law.
The families and friends of a rape accused can be supportive — or not — and their neighbors, coworkers, and larger community will all be morbidly interested in the rape charges. The accuser may well be given more credibility compared to the accused. Rape charges should be of serious concern for an individual. He may be looking at a jail or prison time, loss of employment, and lifelong stigma. Even though the rape charges are subsequently dropped, the rumors or impression of rape can follow the accused for the rest of their lives.
On being, the accused will face severe penalties including prison term, rehabilitation, fines and probation. An adult who is convicted of statutory rape has to register as a sexual offender and will also be prohibited from voting and owning a gun.
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Augusta GA DUI Lawyer | Criminal Defense Attorney
Richmond County Georgia Sexual offense attorney
Statutory rape is described as nonforcible sexual intercourse with a person who is less than the legal age of consent. Statutory rape is a crime and refers to sexual relations with a person who has not reached the statutory age of consent. Sexual relationship even with the consent of that person is statutory rape.
Incest is defined as nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited under the law.
The families and friends of a rape accused can be supportive — or not — and their neighbors, coworkers, and larger community will all be morbidly interested in the rape charges. The accuser may well be given more credibility compared to the accused. Rape charges should be of serious concern for an individual. He may be looking at a jail or prison time, loss of employment, and lifelong stigma. Even though the rape charges are subsequently dropped, the rumors or impression of rape can follow the accused for the rest of their lives.
On being, the accused will face severe penalties including prison term, rehabilitation, fines and probation. An adult who is convicted of statutory rape has to register as a sexual offender and will also be prohibited from voting and owning a gun.
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Augusta GA DUI Lawyer | Criminal Defense Attorney
Juvenile justice system in Georgia - Augusta GA Criminal Lawyer
Juvenile justice system in Georgia - Explained
Augusta GA Criminal Lawyer
The juvenile law criminal process is different from that of adults. Juveniles are usually charged with being a delinquent or engaging in delinquent behavior instead of being charged with a specific offense. The proceeding is brought before a juvenile court judge who sentences the juvenile with the intent to rehabilitate the young offender.
A special court called the Juvenile Court is designated to handle juvenile delinquency cases and dependency cases. Delinquency cases concern charges of criminal law violations against a minor. Dependency cases involve allegations of child abuse or neglect against the parents or guardian of a minor. Juvenile cases may be transferred into adult courts if the juvenile court waives its jurisdiction. This is done to deny some offenders the rights and protections of juvenile law. All states provide for some type of waiver mechanism, and most set a lower age limit (13 and 14 in a handful of states; 17 and 18 in most). Kent v. U.S. (1966) has become the settled law on how to properly conduct waivers.
Juveniles have different laws. Juveniles do not have the right to a trial by jury. A juvenile accused of committing a very serious offense, such as murder or rape can be tried as an adult by the the District Attorney, with the judge's permission. The minimum age for a juvenile to be tried as an adult is varies from state to state, but can be as less as thirteen. A number of states (about 35) allow the execution of juveniles regardless of age.
Augusta GA Criminal Lawyer
The juvenile law criminal process is different from that of adults. Juveniles are usually charged with being a delinquent or engaging in delinquent behavior instead of being charged with a specific offense. The proceeding is brought before a juvenile court judge who sentences the juvenile with the intent to rehabilitate the young offender.
A special court called the Juvenile Court is designated to handle juvenile delinquency cases and dependency cases. Delinquency cases concern charges of criminal law violations against a minor. Dependency cases involve allegations of child abuse or neglect against the parents or guardian of a minor. Juvenile cases may be transferred into adult courts if the juvenile court waives its jurisdiction. This is done to deny some offenders the rights and protections of juvenile law. All states provide for some type of waiver mechanism, and most set a lower age limit (13 and 14 in a handful of states; 17 and 18 in most). Kent v. U.S. (1966) has become the settled law on how to properly conduct waivers.
Juveniles have different laws. Juveniles do not have the right to a trial by jury. A juvenile accused of committing a very serious offense, such as murder or rape can be tried as an adult by the the District Attorney, with the judge's permission. The minimum age for a juvenile to be tried as an adult is varies from state to state, but can be as less as thirteen. A number of states (about 35) allow the execution of juveniles regardless of age.
Criminal Lawyer Augusta GA Theft and Shoplifting in Georgia
Theft and Shoplifting in Georgia
Criminal Lawyer Augusta GA
The legal definition of shoplifting differs from state to state, but usually refers to the theft of property which is worth less than $500 and which occurs with the intent to deprive the owner of that piece of property.
Shoplifting is the theft of goods from a retail establishment either by sneaking it out of the store or by altering or switching the tags on an item in order to pay less. If the total value of the goods is less than $300 it is a misdemeanor. It is a felony if the total value exceeds $300. In Georgia, the law allows the store owner or employee to detain a person suspected of shoplifting till the police arrive. The law however does not permit them to conduct a physical search of the suspect.
Prior convictions can affect the outcome of a case. If you have a prior conviction for felony, you will be sentenced to the maximum penalty on the second conviction. Conviction on other states including probated sentence will be counted as prior conviction. Georgia has the three strikes law. Under the three strikes law, any felony can constitute a third strike and thus may subject a defendant to a term of 25 years to life in prison. After a second felony conviction, and offenders sentence is double what a single felony conviction would demand. Three-strikes is applied after the third conviction, with an uncommonly severe penalty of 25 years to life.
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Augusta GA DUI Lawyer | Criminal Defense Attorney
Criminal Lawyer Augusta GA
The legal definition of shoplifting differs from state to state, but usually refers to the theft of property which is worth less than $500 and which occurs with the intent to deprive the owner of that piece of property.
Shoplifting is the theft of goods from a retail establishment either by sneaking it out of the store or by altering or switching the tags on an item in order to pay less. If the total value of the goods is less than $300 it is a misdemeanor. It is a felony if the total value exceeds $300. In Georgia, the law allows the store owner or employee to detain a person suspected of shoplifting till the police arrive. The law however does not permit them to conduct a physical search of the suspect.
Prior convictions can affect the outcome of a case. If you have a prior conviction for felony, you will be sentenced to the maximum penalty on the second conviction. Conviction on other states including probated sentence will be counted as prior conviction. Georgia has the three strikes law. Under the three strikes law, any felony can constitute a third strike and thus may subject a defendant to a term of 25 years to life in prison. After a second felony conviction, and offenders sentence is double what a single felony conviction would demand. Three-strikes is applied after the third conviction, with an uncommonly severe penalty of 25 years to life.
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Augusta GA DUI Lawyer | Criminal Defense Attorney
Theft and Larceny Criminal Lawyer Augusta Georgia
Theft and Larceny in Georgia
Augusta GA Criminal Lawyer
"Theft" is committed by stealing anything of value. The value of the property relates to the classification of the crime and the nature and extent of the penalty that will be imposed upon conviction. A person commits theft by larceny when that person: (1) takes possession (2) of personal property (3) owned or possessed by another, (4) by means of trespass and (5) with the intent to steal the property, and (6) carries the property away.
In federal criminal law, prior sentences, including misdemeanors where incarceration is not imposed, play an important role in determining the sentence. The criminal history score affects the sentencing of repeat offenders when they are convicted of a new crime. Pursuant to the United States Sentencing Guidelines, sentences for misdemeanors and petty offenses are included when calculating the criminal history category for sentencing. A minor misdemeanor charge could, in fact, transform into a felony and result in a permanent strike, and if there are any prior felony convictions bring an even more severe penalty.
An employer cannot discriminate against an individual based on criminal history but the law permits employers to inquire about an applicant’s criminal history. A conviction for petty theft can have major repercussions. It can affect the individual on a more basic level when he attempts to seek employment. The establishment of a criminal record carries with it far-reaching consequences.
Augusta GA Criminal Lawyer
"Theft" is committed by stealing anything of value. The value of the property relates to the classification of the crime and the nature and extent of the penalty that will be imposed upon conviction. A person commits theft by larceny when that person: (1) takes possession (2) of personal property (3) owned or possessed by another, (4) by means of trespass and (5) with the intent to steal the property, and (6) carries the property away.
In federal criminal law, prior sentences, including misdemeanors where incarceration is not imposed, play an important role in determining the sentence. The criminal history score affects the sentencing of repeat offenders when they are convicted of a new crime. Pursuant to the United States Sentencing Guidelines, sentences for misdemeanors and petty offenses are included when calculating the criminal history category for sentencing. A minor misdemeanor charge could, in fact, transform into a felony and result in a permanent strike, and if there are any prior felony convictions bring an even more severe penalty.
An employer cannot discriminate against an individual based on criminal history but the law permits employers to inquire about an applicant’s criminal history. A conviction for petty theft can have major repercussions. It can affect the individual on a more basic level when he attempts to seek employment. The establishment of a criminal record carries with it far-reaching consequences.
GA Sex Crime Defense Attorney in Augusta Georgia
Sex Crime Defense Attorney in Augusta Georgia
Statutory rape is defined as nonforcible sexual intercourse with a person who is under the statutory age of consent. Statutory rape is a criminal offense and refers to sexual relations with a person who has not reached the statutory age of consent. Sexual relationship even with the consent of that person is statutory rape.
Incest is defined as nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
The families and friends of a rape accused may be supportive — or not — and their neighbors, coworkers, and larger community will all be morbidly interested in the rape charges. The accuser may well be given more credibility than the accused. Rape charges are a very serious matter for an individual. He or she may be facing jail or prison time, loss of a job or career, and lifelong stigma. Even though the rape charges were dropped, the rumors or impression of rape may follow the accused for the rest of their lives.
If convicted, the accused can face severe penalties including prison term, rehabilitation, fines and probation. An adult convicted of statutory rape must also register as a sexual offender and will also be o be prohibited from voting and owning a gun.
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PJ Campanaro Augusta Criminal Defense Attorney
Statutory rape is defined as nonforcible sexual intercourse with a person who is under the statutory age of consent. Statutory rape is a criminal offense and refers to sexual relations with a person who has not reached the statutory age of consent. Sexual relationship even with the consent of that person is statutory rape.
Incest is defined as nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
The families and friends of a rape accused may be supportive — or not — and their neighbors, coworkers, and larger community will all be morbidly interested in the rape charges. The accuser may well be given more credibility than the accused. Rape charges are a very serious matter for an individual. He or she may be facing jail or prison time, loss of a job or career, and lifelong stigma. Even though the rape charges were dropped, the rumors or impression of rape may follow the accused for the rest of their lives.
If convicted, the accused can face severe penalties including prison term, rehabilitation, fines and probation. An adult convicted of statutory rape must also register as a sexual offender and will also be o be prohibited from voting and owning a gun.
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PJ Campanaro Augusta Criminal Defense Attorney
