Timothy O. McCalep

Atlanta Georgia Criminal Law Blog

Criminal charges from the holiday must be addressed

A criminal trial is a time when you need to be willing to think outside of the box. If you are facing charges stemming from this 4th of July holiday, now is the time to get started on your case. We understand that holidays sometimes lead to circumstances that cause people to act in an uncharacteristic manner.

It doesn't matter what kind of charge you are facing now. It can be anything from a violent felony to a minor misdemeanor. In all of these cases, you have the legal right to present a defense. We will help you get your strategy planned so that you can determine exactly where to place your focus. Once we do that, we can fine tune the specifics of the case.

Personal injury cases can come with many damages

Filing a civil lawsuit after you are injured in an accident is one way that you can attempt to get back the money that you've had to spend on the effects of the crash. Many people who do this don't realize some basic points about this process. You need to make sure that you are including every type of possible damage.

There are many different types of damages that might be associated with these cases. It is imperative that you thoroughly explore each so that you can seek the appropriate amount of money. Here are a few of the common categories of damages to get you started:

Recidivism shows some problems with the criminal justice system

The criminal justice system in the United States is broken in some ways. One of these ways is that it does little to help people rehabilitate as part of their sentence and focuses on punishment instead. This increases the chance that the person will reoffend and end up right back in the criminal justice system.

Recidivism is a huge problem because the offenses that people are charged with on subsequent trips through the criminal justice system get worse than the initial one. This is because they might learn some tactics and get more hardened while they are incarcerated. When this happens, there are some major issues that need to be addressed.

Felony charges must always be taken very seriously

One of the first questions that might come to mind when you are charged with a crime is what type of crime it is. There are two classifications of criminal charges: felony and misdemeanor. Of these, the felony is the more serious.

Typically, the decision to categorize a specific charge as a felony has to do with the amount of prison time you are facing. The incarceration periods for felonies are longer than misdemeanors. The severity of the crime is what is used to determine this. For example, not all murders are the same. You will likely face more time in prison for a first-degree murder, which is the most heinous type, than you would for a second- or third-degree charge, which are less serious.

Carefully plan your drug charge defense

In criminal cases, the prosecution has the burden of proving its claims. The issue with this is that many people tend to automatically believe the prosecutors during a court case. This can be a very dangerous blind trust that can lead to innocent people being convicted of crimes they didn't commit.

Juries are instructed to ensure that a conviction only comes when the facts of the crime are proven beyond a reasonable doubt. The defense's duty is to introduce this reasonable doubt into the mind of each juror. This isn't always easy, but it might be possible with careful planning.

Prisoners have rights during their incarceration

Many people assume that people who are incarcerated don't have any rights. This isn't the case. While it is true that they do have limited freedom, there are some specific rights that can't be infringed upon. The courts have stood behind some of the most basic rights that inmates can expect when they are behind bars.

Anyone who is in prison, as well as those who have a loved one who is incarcerated, should know what is included in a basic list of a prisoner's rights. If any of these are violated, the prisoner might opt to pursue legal action.

Drug paraphernalia charges can lead to considerable life issues

Many drug charges come with considerable time in jail. When you think of these charges, you might think of possession or sales. While these are very common charges, they aren't the only ones that are associated with drugs. Some people who use, manufacture or distribute drugs might also have drug paraphernalia on them. This could lead to criminal charges.

Anyone who is involved with drugs in any manner should understand what these charges mean. Most importantly, you should know that you don't have to be in possession of drugs or have them close to you to face paraphernalia charges. Instead, you only have to have items that are typically associated with drug use.

Know your rights and responsibilities during a traffic stop

Seeing the flashing lights of a police vehicle in your rear view mirror can conjure up fear. It is imperative that you understand your rights and responsibilities so that you can try to ensure that the traffic stop doesn't turn into a nightmare.

With all of the instances of police misconduct and brutality, many people are afraid when they are being pulled over. This is understandable but you can't let your fear lead you to make mistakes during the traffic stop. Here are some points to remember if you are pulled over by police:

Determine the focus of your criminal defense

A criminal defense strategy takes a lot of different aspects into account. Many of these have to do with the crime itself. Trying to call the defense's allegations into question is the goal of your defense, but you often need to dig deeper than just that.

While you hope that your case won't result in a conviction, it is best to remember that juries are often notoriously unpredictable. A part of your defense should be geared toward trying to minimize the penalties that you will face if convicted.

Felony convictions come with many life challenges

The life that you have after a criminal conviction might not be anything close to the one that you had before the conviction. There are many aspects of life that might change when you have a criminal record. If that charge was a felony, you are likely going to suffer tremendously.

Many people don't realize that the effects that a felony has on your life will extend far beyond the sentence the court imposes upon you. There are several areas of your life that might be affected.

Get the help you need when you've been wronged.

Call 404-692-7525 to speak to Timothy today.