Timothy O. McCalep

Atlanta Georgia Criminal Law Blog

The important role of the grand jury in criminal matters

When you hear about criminal cases on television or read about them online, you might see the term grand jury. This is a very important part of the criminal justice system, so anyone who might be facing charges should understand some basic points about what this is.

Unlike the trial jury, the grand jury isn't here to determine if you are guilty of a crime. Instead, they review the prosecutor's case to determine if a charge is appropriate. The grand jury is a larger jury than the trial jury. There are usually 23 people on this type. The group might be set for months at a time, but they don't hear cases daily like a trial jury.

Primary differences between misdemeanors and felonies

Criminal charges are divided into two primary classifications: misdemeanors and felonies. This single difference can have a significant impact on your life if you are convicted. In the most general sense, misdemeanors aren't as serious as felonies. The penalties for these lesser crimes are usually less serious than those for a felony.

There are several differences between felony charges and misdemeanors. In most cases, you are facing time in the local jail for a conviction of a misdemeanor; however, you will likely go to prison for a felony. Not all cases in either classification will result in incarceration. More serious charges or subsequent convictions are more likely to end with a jail or prison sentence.

Drivers' biggest distractions are their own children

Atlanta commuters stuck in rush-hour traffic may be tempted to yell, "Hang up and drive!" to clueless motorists. It's certainly true that cellphone usage behind the wheel is the culprit in many distracted-driving accidents. But what also is a contributing factor to many collisions may come as a surprise.

As a Monash University study revealed, exasperated parents interacting with crying or misbehaving children while driving is a real safety hazard.

Drug possession charges can be hard to fight

Drug possession charges are one of the more common that people addicted to illegal substances will face. These charges are sometimes thought to be minor; however, they can still have a big impact on the person's future. They must be handled very carefully because there are times when this might be a breaking point for the person.

One of the things that you must know is that there are specific criteria that must be present for the charge to stick. Being able to challenge these during your defense might work in your favor.

Complex criminal law matters have to be handled carefully

Criminal law matters are often complex, especially when there are more serious crimes at the heart of the case. There are many times when a person might face more than one charge in connection with a single incident. These cases can be very difficult because they are multifaceted. We know that you might have some concerns about what you are going to do about it all.

One thing that makes these cases so complex is that you have to look at each option you have from multiple standpoints. What helps to show that you aren't guilty of one charge might lead to an assumption that you are guilty of another. All of this has to be weighed so that you aren't throwing yourself under the bus.

The wrongfully convicted should be compensated

People who are wrongfully convicted usually lose a good number of years due to being in prison for a crime they truly didn't commit. The Innocence Project notes that people spend an average of more than 14 years in prison by the time their innocence has been proven by post-conviction DNA tests. This is a long time to be locked away from the world.

Once these people are released, they will likely have to rely on friends and family members for support. They have no money, transportation, health insurance or ability to support themselves. A lack of job experience and education usually plague them. Moving past all of these challenges can be difficult, but it might not be impossible.

What constitutes drug possession?

A drug possession charge must be taken seriously. Just like with any other criminal matter, there are specific criteria that must be met in order to be convicted of the charge. Understanding a few points about drug possession can help you if you are facing this charge.

Each of these points is one that could potentially make a big difference in your defense strategy. A defense's goal is to make the jurors question the claims of the prosecutors so that there is reasonable doubt about your guilt.

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.

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

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