Timothy O. McCalep

Criminal Defense Archives

New GA law requires high-BAC first-time DUI offenders to submit to ignition interlock

When a driver is charged with DUI, there are a number of potential consequences if the driver pleads guilty or is convicted. These consequences can include jail time, fines, alcohol abuse education, community service, and other conditions. In many states, use of an ignition interlock device for a period of time is another possible consequence.

Work with experienced attorney to build strong defense against drugged driving charges

Last time, we mentioned the recent arrest of Tiger Woods and his subsequent statement that he was under the influence of prescription drugs at the time of the arrest. As we noted, DUI laws do not distinguish between illegal and prescription drugs, so drivers can be charged for DUI whenever they are found to be operating or in control of a motor vehicle while under the influence of any drug.

Tiger Woods arrest highlights issue of DUI charges based on prescription drug use

Many readers may have heard that Tiger Woods was arrested last week on suspicion of driving under the influence near his Florida home. Police reportedly found Woods asleep behind the wheel. Shortly after the arrested, Woods released a statement that he was not intoxicated at the time of the arrest, and that he had an unforeseen reaction to prescription medications.

Work with experienced defense attorney to fight sexual assault, rape charges

In recent posts, we’ve been looking at the issue of consent as it is defined with respect to sexual assault charges here in Florida. As we’ve noted, consent is an issue that has yet to be addressed in the context of the emerging trend of “stealthing,” but consent is often an issue in sexual assault cases.

Issue of consent at center of debate around practice of “stealthing”

Previously, we began looking at the troubling practice of “stealthing,” which is becoming increasingly popular even as some are urging states to make adjustments to sexual assault laws to make the practice clearly illegal. At present, Georgia law doesn’t really address the issue of stealthing, but some criminal measures move in that direction.

Does “stealthing” fall within the definition of rape or sexual assault in Georgia?

An emerging trend in dating culture is not only raising alarm from a health and safety perspective, but also from a legal perspective. The practice involves a man secretly removing his condom in the middle of the sex act. The practice is known as “stealthing,” and it is even promoted in some circles. Specifically, the trend raises questions about the proper definition of sexual assault.

Work with experienced criminal defense attorney to sort out probation issues in criminal defense

In our last post, we looked briefly at a House bill currently under consideration which would make it easier for offenders participating in probation to have their supervision terminated after several years. It remains to be seen how much support the bills will generate, but it could be a way for the state to reduce the burden on its probation officers.

Bill would make early termination of probation an automatic consideration

When an individual is charged with a crime, there are different ways the case can be resolved. In some cases, the defendant decides to plead not guilty and proceed to trial. In other cases, the defendant agrees to resolve the case with a plea deal or is entered into a diversion program in which penalties are suspended, both of which can involve probation.

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