Fitzgerald LawFitzgerald Law2026-08-15T20:51:25Zhttps://www.kef-law.com/feed/atom/WordPress/wp-content/uploads/sites/1104792/2023/08/cropped-Fitzgerald_Law_site_icon-32x32.pngOn Behalf of Fitzgerald Law<![CDATA[Flock cameras may provide evidence in criminal investigations]]>https://www.kef-law.com/?p=483162026-08-15T20:51:25Z2026-08-15T20:51:25Zsearchable database that can be used in criminal investigations as well as for other purposes. According to the manufacturer, it does not use facial recognition technology to identify anyone in these vehicles.
Concerns about misuse of the data
There have still been serious concerns about misuse of the data collected by the technology. In addition to law enforcement agencies, government, neighborhood and other private organizations can purchase a system.
Multiple law enforcement officers have faced charges for using the collected data for personal purposes. Civil liberties and privacy advocates have raised concerns about the potential uses of this technology, which most people don’t notice because they devices are typically placed above eye level on poles and other structures.
In response, the company has announced that it’s putting some auditing controls in place to help protect against such misuse and reducing the data retention timeframe from 30 to just 7 days. However, there can still be exceptions.
If you have been charged with a crime, you have the right to know what evidence is being used against you and if that evidence was collected and handled appropriately and in compliance with the law. That includes surveillance photos, videos and other data collected by Flock and other systems. This is just one reason why having experienced legal guidance may prove to be critical when it comes to protecting your rights.]]>On Behalf of Fitzgerald Law<![CDATA[5 acts that are considered as shoplifting in Georgia]]>https://www.kef-law.com/?p=483102026-08-13T09:40:05Z2026-08-13T09:40:05ZMany people think shoplifting only happens when someone walks out of a store without paying. That is a common misconception. In Georgia, state law defines shoplifting much more broadly. Here are five specific acts that can lead to a shoplifting charge and some of them may surprise even regular shoppers.
1. Hiding items inside the store
To start, one of the most well-known forms of shoplifting is concealing merchandise. If you place an item in your bag, pocket or coat while still inside the store, Georgia law may treat that as intent to steal. You do not even have to walk past the registers for this to become a legal issue. Under Georgia state law, the act of concealment alone can establish a legal presumption of intent, which means simply hiding the item is enough to raise suspicion.
2. Altering prices on items
Beyond hiding merchandise, tampering with a price tag or barcode also constitutes shoplifting under Georgia law. If you mark over a price with a pen or switch a discount sticker from one item to another, you can face charges. This applies even if you complete the transaction at the register.
3. Moving items into different containers
In addition to altering tags, transferring merchandise into a different container also qualifies as shoplifting. For example, Georgia law treats placing an expensive item inside a cheaper product's box and paying the lower price as theft. The determining factor is not the action itself but the intent to pay less than the actual retail value.
4. Swapping price tags between items
Along the same lines, swapping tags between items is a separate offense. If you remove a $100 price tag and replace it with a $10 tag from another item, Georgia law treats that as fraudulent conduct and prosecutes it as shoplifting.
5. Paying less than the full retail price
Similarly, any act that causes a retailer to receive less than the full retail price can result in shoplifting charges. This includes using counterfeit coupons, manipulating self-checkout scanners or collaborating with a cashier to avoid full payment, a practice that law enforcement commonly calls "sweethearting."
What happens after a shoplifting charge in Georgia?
Now that you understand these five acts, you can better recognize where the legal line is. A shoplifting charge in Georgia can feel overwhelming, especially if you believe the accusation does not accurately reflect what happened.In situations like these, having someone in your corner who understands Georgia's legal framework can make a real difference. The right guidance can help you sort through the details of your case, weigh your options and move forward with confidence. No matter what the circumstances are, you deserve a fair chance to tell your side of the story.]]>On Behalf of Fitzgerald Law<![CDATA[How might violent crime convictions change a person’s life?]]>https://www.kef-law.com/?p=482292026-08-13T22:25:18Z2026-08-06T00:59:12ZCollateral consequences can affect a person’s ability to work, find housing, go to school, handle family responsibilities, and participate in community life. Some of these consequences happen automatically, but others depend on the realities of life post-conviction.
Background check considerations
A violent crime conviction can inspire difficulties with finding a job because so many employers conduct background checks. Certain jobs, such as those involving children, the elderly, or vulnerable individuals may have restrictions regarding people who have violent crime convictions. Health care, security, transportation, education and regulated industries may also have strict restrictions about certain convictions.
It can also be challenging to find suitable housing because many landlords have similar restrictions about criminal convictions. Housing that’s available without a background check might be in less desirable areas. Public housing and other government benefits might not be available because of the nature of the conviction at issue.
Other potential effects of a violent crime conviction
A violent crime conviction can also lead to restrictions on firearm possession, jury service or voting rights. Some convictions may also affect child custody, the ability to adopt and other family-related situations. Social opportunities might also change as people learn about the conviction.
The effects of a violent crime conviction can last for years, even if a person has already completed their court-imposed sentence. Understanding all the ways a conviction can impact a defendant’s life may help them to determine how they want to shape their defense strategy.]]>On Behalf of Fitzgerald Law<![CDATA[Can a Georgia DUI be reduced to reckless driving?]]>https://www.kef-law.com/?p=482302026-07-27T17:52:28Z2026-07-27T17:52:28ZKey factors that influence a charge reduction
The chance to lower your charge relies heavily on specific details of your case, like how solid the officer's evidence is, your personal driving background and whether any accidents happened. Having an experienced Georgia DUI lawyer in your corner dramatically improves your chances of securing a favorable plea deal.
Strength of evidence
Prosecutors agree to reduce charges when they realize their case has weak spots. A skilled defense attorney reviews every detail of your arrest to find these mistakes. They check if the police officer had a valid legal reason to pull you over in the first place. They examine whether the officer gave field sobriety tests correctly or if improper steps ruined the test results.
Your attorney also checks if the breathalyzer or blood testing equipment had regular maintenance and calibration. If officers violated your constitutional rights during the search or failed to read your rights, the court might throw out key evidence. When the evidence falls apart, prosecutors often choose to offer a reckless driving plea rather than lose in court.
Criminal history
Your past driving record plays a huge role in negotiations. If this is your very first arrest and you have a clean driving history, prosecutors view you much more favorably. They are far more willing to offer a second chance to a driver with no prior offenses than to someone with past DUI convictions on their record.
Aggravating circumstances
The specific facts surrounding your arrest directly impact your reduction options. If your stop involved a car crash, property damage, injuries or an extremely high blood alcohol level, prosecutors take a much harsher stance. On the other hand, if you had a lower alcohol level, cooperated with officers, and caused no accidents, negotiating a lower charge becomes much easier.]]>On Behalf of Fitzgerald Law<![CDATA[3 things to know when a loved one gets arrested]]>https://www.kef-law.com/?p=482312026-07-21T00:10:43Z2026-07-21T00:10:43ZAn arrest simply means that your loved one is going to have to interact with the criminal justice system.
#1: Bail may be set
One of the most immediate concerns of someone who’s arrested is how they’re going to get out of jail while their case is moving through the criminal justice system. A judge may set a bail, which is an assurance that the person will appear in court that’s backed by property, assets, or cash. It’s often possible to use a bail bondsman if paying the full bail isn’t possible. Alternatively, some defendants may be released on their own recognizance.
#2: Release conditions vary
There are often conditions present when a person is released while awaiting the outcome of their criminal case. These often depend on the type of charge. For example, violent crime charges may include a no contact order. Other charges may require the defendant to wear an ankle monitor.
#3: Different paths to resolution are possible
Not all criminal justice cases go to trial. The majority of cases are resolved through a plea deal. Alternative sentencing options or diversion programs are also possible in some cases. The charge, defendant’s criminal history and other factors have a role in what options are possible in a specific case.
People who are facing criminal charges should work with a legal professional who can assist them with determining what defense strategy to use. Ideally, this will be done as early in the criminal justice process as possible. If your loved one is still in custody, strongly consider calling for support right now. Given all that is at stake, doing so can potentially be the best decision you ever make.]]>On Behalf of Fitzgerald Law<![CDATA[What if I got blamed for drugs that are not mine?]]>https://www.kef-law.com/?p=482322026-07-02T13:25:18Z2026-07-02T13:25:18ZFinding out that police believe the drugs belonged to you can feel shocking, especially if you never expected to face criminal charges. Maybe you accepted a ride from a friend, shared an apartment with roommates or were simply in the wrong place at the wrong time. When officers find drugs in a space that several people use, it is not always obvious who should be held responsible. Understanding how Georgia handles these situations can help you make sense of what happens next.
Does sharing a space mean everyone is responsible?
Simply being near illegal drugs does not automatically make someone guilty of possessing or distributing them. However, prosecutors may argue that a person had "constructive possession," meaning they knew about the drugs and had the ability to control them even if the drugs were not found in their pocket or personal belongings.When several people have access to the same location, investigators often look beyond where the drugs were discovered. They may examine who had access to the area, whether anyone exercised control over it and whether evidence links a particular person to the drugs. Depending on the circumstances, prosecutors may also allege that someone intended to distribute the drugs rather than possess them for personal use.
What evidence can affect a drug distribution case?
The presence of drugs alone does not always establish an intent to sell. Prosecutors rely on additional evidence to support more serious charges.Depending on the circumstances, they may consider factors such as:
Packaging materials, scales or other items associated with distribution
Large amounts of cash or financial records
Text messages, phone records or other communications
Statements made during a police investigation
Understanding how investigators build these cases can help you better evaluate the allegations and the evidence involved.
Protect your rights early
A drug charge does not mean the outcome is already decided. Every case depends on its own set of facts, including how the evidence was collected, whether prosecutors can connect the drugs to a specific person and whether the available evidence supports the charges filed.If you have been accused of possessing drugs that were not yours or are facing allegations of drug distribution in Georgia, seeking legal guidance as early as possible can help you understand your rights, evaluate the evidence and make informed decisions about your next steps.]]>On Behalf of Fitzgerald Law<![CDATA[Private browsing does not entirely hide online activity]]>https://www.kef-law.com/?p=482332026-07-01T08:52:55Z2026-07-01T08:52:55ZMany browsers have a private mode built in. This may just be called private browsing or incognito mode. The exact terms differ from one company's product to the next, but the general idea is that you can use the browser and it will not track your history or your online activity, keeping that information private.
But one key thing to remember is that private browsing is nothing more than a local feature. The browser essentially runs an independent session where it does not locally store information about the sites you have visited and things of that nature.But because that information is only being deleted locally, it may still exist in other places. Your internet service provider likely still has a record of all the sites you visited, even in private browsing mode. If you are on a network at a school or an office building, the administrator can see the sites you visited. That information simply is not stored on your physical device, but it does still exist.
Why this matters in criminal cases
This is an important thing to keep in mind if you are facing criminal charges. Investigators may believe that they can obtain evidence based on your internet activity, such as if you ran searches related to the alleged crime – looking up how to make or sell illegal drugs, for example.Even if you used private browsing mode when running those searches, remember that they may be able to get the information they are looking for. It may not be saved on your computer, but they can still talk to your internet service provider or other entities to seek the appropriate evidence in your case.Exactly how evidence is gathered can have a large impact on a criminal case, and you must know what defense options you have.
]]>On Behalf of Fitzgerald Law<![CDATA[Can travelers bring legal marijuana into Georgia?]]>https://www.kef-law.com/?p=482342026-06-19T22:43:25Z2026-06-19T22:43:25ZInterstate transportation is illegal and dangerous
Marijuana acquired in Missouri or any other state with a legalization law on the books is only legal to use and possess in that state. Marijuana is still subject to federal prohibition rules and restrictions on interstate trafficking.
People who cross state lines with marijuana purchased in one legal jurisdiction are at risk of federal prosecution if they get caught by government authorities while on the highway. Even if they get arrested in Georgia by state authorities, they are at risk of drug charges despite the theoretical legality of the marijuana in the jurisdiction where they purchased it.
Especially for those who travel with large quantities to reduce the need to make return trips to another location, the risk of traveling with marijuana is high. The state could pursue felony charges or allegations that they intended to distribute the drugs to others.
People facing charges because of a mistake they made during a vacation to another state or while traveling through Georgia may need legal guidance. Fighting Georgia drug charges related to legally-purchased marijuana can be a challenging undertaking that requires knowledge of both federal rules and Georgia state statutes.]]>On Behalf of Fitzgerald Law<![CDATA[What are the penalties for first-time drug possession charges?]]>https://www.kef-law.com/?p=482352026-06-18T10:57:33Z2026-06-18T10:57:33ZHow does Georgia classify drug possession?
Georgia puts drugs into schedules, similar to federal law. Schedule I includes drugs with a high risk of abuse and no accepted medical use, such as heroin and ecstasy. Schedule II includes substances like cocaine and methamphetamine, which also carry severe penalties.
The type of drug you possess affects the penalties you may face. Courts use the official list of controlled substances from the Georgia Drugs and Narcotics Agency when deciding charges and penalties.
Georgia usually treats first-time possession of most controlled substances as a felony. This classification alone can have significant implications for your future, including employment opportunities and housing options.
What penalties might you face?
A first-time felony drug possession conviction leads to one to five years in prison for Schedule III, IV and V drugs. However, a first-time felony possession conviction for Schedule I or narcotic Schedule II drugs carries a tier-based prison sentence depending entirely on the aggregate weight. This ranges from one to three years for less than one gram, and between one to 15 years for four to 28 grams.
Judges can give alternative sentences in some cases. Financial penalties can be severe, ranging from a maximum of $1,000 for minor misdemeanors to tens of thousands of dollars for felony offenses.
Felony convictions often result in the loss of certain civil rights, including the right to vote while incarcerated and on parole, the right to serve on a jury and the right to possess firearms. A felony conviction can affect your professional license and can also appear on employer background checks.
Do these penalties also apply to marijuana?
Marijuana possession follows different rules than other controlled substances. Possession under one ounce is treated as a misdemeanor for first-time offenders. This charge could result in up to 12 months in jail and fines up to $1,000.
The state also distinguishes between simple possession and possession with intent to distribute based on factors such as:
Quantity
Packaging
Scales
Cash
Sales activity
Law enforcement officers often look for these indicators when making arrests. Possession of larger amounts or with the intent to distribute carries much steeper penalties. Not only does possession of over one ounce count as a felony, you may also face between one to 10 years in prison for first offenses.
What alternative options do you have?
Georgia offers programs that help first-time offenders avoid harsh penalties. Drug court programs focus on rehabilitation rather than punishment. If you complete these programs, the court may reduce or dismiss your charges.
Conditional discharge is another possibility for first-time offenders. This option lets you complete probation and treatment requirements. If you meet those requirements, the court may dismiss the charge.
Pretrial diversion programs provide opportunities to avoid conviction altogether by completing specific requirements like community service, drug education classes or counseling sessions.
What factors influence sentencing decisions?
Georgia judges review several factors before sentencing first-time drug offenders. The amount of drugs in your possession plays a critical role, as larger quantities may suggest intent to distribute rather than personal use. Your criminal history, even if you have no prior drug convictions, may still influence the outcome.
Drug possession near a school, park or housing project increases penalties. Georgia law also allows judges to consider your employment status, family responsibilities and willingness to participate in treatment programs. Cooperation with law enforcement and acceptance of responsibility may work in your favor during sentencing.
Protecting your interests after a possession charge
Understanding first-time drug possession penalties helps you prepare for what comes next. By learning how Georgia law classifies offenses and what alternatives may exist, you can make more informed decisions about your case. Careful attention to your options allows you to protect your future and pursue a favorable outcome.]]>On Behalf of Fitzgerald Law<![CDATA[2 factors that can affect a breathalyzer’s accuracy]]>https://www.kef-law.com/?p=482362026-06-07T11:52:28Z2026-06-07T11:52:28ZSome factors can lead to a breathalyzer giving a false positive or a higher blood alcohol concentration (BAC) than the subject’s actual BAC.
Examples of those factors include the following.
Poor calibration
A breathalyzer’s sensor degrades over time due to wear and tear, environmental exposure and sensor drift. Regular calibration ensures a device remains accurate and reliable. A breathalyzer that is not properly inspected and calibrated for accuracy can give inaccurate readings.
In Georgia, the Division of Forensic Sciences (DOFS) of the Georgia Bureau of Investigation (GBI) oversees such inspections. The department requires breathalyzers to be inspected once every three months by members of the Georgia State Patrol Implied Consent Unit under DOFS guidelines. Law enforcement officers keep records of a device’s periodic inspections, maintenance and calibration.
If you believe the breathalyzer used to measure your BAC was poorly calibrated, such records can help you demonstrate that.
Foreign substances
Foreign substances in the mouth that contain alcohol can react with a breathalyzer’s sensor and give a false positive or inaccurate BAC readings. These include mouthwash, breath spray and medication. Besides, eating certain fermented foods can cause trace amounts of alcohol in the mouth, which can be detected by a breathalyzer.
A breathalyzer may also be triggered by acetone, as its chemical structure closely mimics ethanol. This is frequently reported among individuals with diabetes, on keto diets and those fasting. Additionally, medical conditions that cause stomach acid to backflow into the esophagus, such as acid reflux, can lead to mouth alcohol that can affect a breathalyzer’s results.
If BAC readings that led to a recent DUI charge may have been inaccurate, consider seeking legal guidance to confirm the accuracy of your results and defend your future.]]>