We’re growing and changing to serve you better so we’ve moved our blog! Please check out, The Boddie Law Group Blog today. Follow, subscribe to and share our new blog with your friends. We also welcome your comments and questions.*

You know you can continue to expect top quality content from The Boddie Law Group, LLC, including our popular “Tuesday’s Legal Tidbits”. But, we’re going to have other, equally outstanding content and information there for you. So, stay tuned as we develop the newest social media property from The Boddie Law Group, LLC.

Also, don’t forget to connect and engage with The Boddie Law Group on Facebook, Twitter and YouTube, too!

Finally, visit The Boddie Law Group, LLC website to learn more about our practice areas, particularly family law, criminal defense and personal injury. Or call us about your Georgia legal matter at 404-287-2393. We look forward to serving you.

*The Boddie Law Group, LLC blog is subject to our Disclaimer. Comments to our blog are moderated.

Question: My teenager was arrested for aggravated battery and his lawyer keeps telling me that the State is charging him under the Designated Felony Act. What does that mean?

Answer: The Designated Felony Act (DFA) under Code Section O.C.G.A. 15-11-63 is the term used for children between the ages of 13-17, that have committed a second offense for such charges of arson, kidnapping, aggravated battery, aggravated assault, arson in the second degree, robbery, armed robbery not involving a firearm, or attempted murder or attempted kidnapping.

DFA refers to the type of custody the child will be restricted to in the event that they admit to the charges or if they are convicted of the offense. A child facing a DFA will be sentenced to a mandatory minimum of 12 months in restrictive custody to a maximum of 60 months.

The term restrictive custody means that the child is monitored under intense supervision. The child will not be allowed to have any outside visitors for the first 6 months of that restrictive custody absent any emergency or medical needs.

Therefore, a child being pursued under the DFA statute is facing serious time in custody and should proceed forth with an attorney. Please call The Boddie Law Group, LLC at 404-287-2393 , if your Child needs legal representation for an offense under the Designated Felony Act or if you just have more questions about the DFA.

http://www.boddielawgroup3.com

My cousin was arrested last night in Clayton County for Armed Robbery. He just completed a ten year prison sentence for a 2001 Armed Robbery Conviction. What could possibly happen if he is convicted this time?

In the State of Georgia, Armed Robbery is considered one of “The Seven Deadly Sins.”  These felony crimes are deemed to be especially reprehensible and typically carry a minimum of ten (10) years in prison.  ”The Seven Deadly Sins” are:

(1) Murder

(2) Rape

(3) Kidnapping

(4) Armed Robbery

(5) Aggravated Sodomy

(6) Aggravated Sexual Battery

(7) Aggravated Child Molestation

The first conviction for one of “The 7 Deadly Sins” will bring a lengthy prison sentence with the low likelihood of early release on parole.  This is due to the violent nature of one of these crimes that involves at least one victim.  A second conviction for one of “The 7 Deadly Sins” means “Two Strikes” in Georgia.  The second conviction mandates a sentence of LIFE in prison without the possibility for parole. This means an individual’s natural life, and not the Georgia Parole Board’s Definition of Life as meaning thirty (30) years before an individual is eligible for parole consideration.

Please contact The Boddie Law Group, LLC at 404-287-2393, if you or someone you know have been arrested and accused of a serious crime.

We had 3 Burglaries in my neighborhood last week. What can I do to protect my home from Burglars?

Law enforcement officials estimates that American homes are victims of burglary about every 15 seconds. The typical homeowner suffers a loss of nearly $2,000 in stolen goods or property damage. With the national economy getting worse, burglary and break-ins are on the rise.

Here are 7 Tips for Home Burglary Prevention.

1) Use your locks. Even the best locks can’t protect you if you don’t use them.

2) Do some yard work. Trim hedges and bushes so thieves can’t hide out.

3) Know your neighbors. Neighbors who look out for each other are among the best, and least expensive, defenses against crime.

4) Secure your spare. Leave your spare key with a trusted neighbor. Never hide it on the property. Burglars have more experience looking for keys than you do hiding them.

5) Guard your garage. If you park your car outside of your garage, never leave the garage door opener in the car.

6) Let there be light. Make sure all outside entrances in the front, back and side of your home have good lighting. Take-away the blind spots around your home so burglars can’t easily hide.

7) Invest in an alarm. An alarm system controls access points to your home and lets you know if someone has invaded your space.

If you have any legal questions or concerns, please call The Boddie Law Group, LLC at 404-287-2393.

Know Your Rights and Options!

I was arrested for DUI late Friday in Douglas County, after being stopped at a roadblock and blowing a .14 at the police station. Was the roadblock legal?

In order for a roadblock to comply with the Constitutional Standards laid down by the Georgia Court of Appeals, it must be shown that all drivers were stopped at a specific location, that the delay to the motorists was minimal, the roadblock was well identified as a police checkpoint, and the screening officer had sufficient training and experience. Perhaps most importantly, it must be shown that the roadblock (sometimes called a license checkpoint or sobriety checkpoint) had what the courts call “a legitimate primary purpose at the programmatic level.” In other words, it must be approved by a supervisor for a purpose other than general law enforcement, and that supervisor must be cloaked with the authority to approve roadblocks.

Some roadblocks have been upheld even when a supervisor testifies that the primary purpose was enforcement of traffic laws. On the other hand, when it can be shown that the interception of drugs and drug money were the primary focus of the roadblock, the roadblock itself may be struck down as illegal. Occasionally it can be shown through dispatch and testing records that the roadblock was not systematic and police were selective in the automobiles that were stopped. Additionally, from time to time the delay to motorists at a roadblock is anything but minimal. When a roadblock does not meet the criteria set forth by the Court of Appeals, all evidence obtained as a result of that roadblock should be suppressed. Therefore, any charges including a DUI Charge may consequently be dismissed.

If you or someone you know has been stopped at a police roadblock and arrested for a DUI, please call The Boddie Law Group, LLC at 404-287-2393 OR visit our website www.boddielawgroup3.com

I got stopped and arrested for a DWI in Cobb County. The police officer said that I was under the influence of marijuana while driving. However, he found no marijuana on me or in my car. How did he come to that conclusion?

In Georgia you can be arrested and prosecuted for driving a motor vehicle under the influence of drugs. Some law enforcement officers have completed the Advanced Roadside Impaired Driving Enforcement (A.R.I.D.E.) course and are trained to conduct additional tests to determine if someone should be arrested for operating a vehicle under the influence of drugs.

Law enforcement officers learn three additional tests that are used on the roadside to determine if someone is under the influence of a drug. Drugs are broken down into seven categories: CNS Depressants, CNS Stimulants, Hallucinogens, Dissociative Anesthetics, Narcotic Analgesics, Inhalants, and Cannabis. To test to determine if a person is operating a vehicle under influence of drugs, law enforcement officers look at general indicators and place them into a matrix. This procedure is used to determine what drug the person is under the influence of at the time of a stop. Law enforcement officers are required to administer the Horizontal Gaze Nystagmus (HGN), Vertical Gaze Nystagmus (VGN), Walk and Turn and One Leg Stand tests. Next they perform three more evaluations: Pupil Size Observation, Lack of Convergence and the Romberg Balance Test. Failure to pass one or more of these tests will generally lead to an arrest for DWI in Georgia. The roadside test results can also be introduced at trial as evidence that a person was under the influence of a drug and impaired while driving.

DUI/DWI are very technical and scientific areas of criminal law. They are not merely your average traffic offense with average traffic offense consequences. If you have any questions about a DUI/DWI Arrest, please call the Boddie Law Group, LLC at 404-287-2393.

I got stopped on New Year’s Eve and arrested for a DUI in DeKalb County. What could happened if I am convicted of a DUI in Georgia?

If you are stopped and arrested by a law enforcement officer for a DUI in the State of Georgia, you may face several penalties if you are convicted. The maximum penalty for a first (1st) DUI conviction in Georgia is twelve (12) months in custody and a one thousand dollar ($1,000.00) fine. The minimum penalty for a first DUI in Georgia is ten (10) days in jail and three hundred dollar ($300.00) fine.

Additionally, there are a few mandatory requirements for a DUI Conviction in Georgia as well. Some of the requirements are that the Court must order forty (40) hours of community service, completion of a Risk Reduction course (known as DUI school), and submit to an Alcohol/Drug Evaluation with any recommended treatment. There is also a one (1) year suspension of your State-Issued Driver’s License. You may be eligible for a temporary limited driving permit with a Affidavit of First (1st) DUI Conviction from the Court.

Last, there are collateral consequences with a DUI Conviction such as the loss of automobile insurance coverage or increased insurance premiums. Termination of employment and the loss of driving privileges for use of company vehicles are also potential consequences of a DUI Conviction.   

If you or someone that you know have been arrested for a DUI, please call The Boddie Law Group at 404-287-2393. We are experienced in handling and litigating DUI Cases throughout North and Middle Georgia.

Know Your Rights and Options!

Could pleading the 5th Amendment help or hurt you if you are brought in for questioning by your Employer?

This scenario comes up a lot with retail jobs, when a store’s Loss Prevention Department is investigation a theft crime.  A person has the right to invoke the 5th Amendment typically when dealing with law enforcement, a governmental agency (ie. The U.S. Congress), or governmental agent (ie. Federal Investigator).  The 5th Amendment is intended to protect a person from making incriminating statements against themselves.  The incriminating statements can in turn be used against that person in a Court of Law and could possibly led to jail or prison time.  It is important to know that the 5th Amendment and Miranda Rights, typically do not apply to a Private Agent such as a Loss Prevention Officer or Insurance Investigator.

Some employers may contractually require an employee to submit to making a written statement when an inquiry arises at the workplace.  The inquiry could be related to a theft, mismanagement of work-related funds, or sexual harassment.  Everyone of those employment scenarios have dual criminal consequences.  Be careful because a written statement to your employer maybe used in a criminal prosecution against you down the line.  Please request and consult with an Attorney to be on the safe-side before making any statements to anyone.

Please call The Boddie Law Group, LLC at 404-287-2393 for any questions regarding criminal defense issues.

www.boddielawgroup3.com

Shopping during the holiday season can present unique danger.  Taking a few preventive measures can help keep your holiday season joyous.

1)      Do not leave wallets, purses, Ipods, laptops, and other valuables in plain-sight when you leave your vehicle.  Always lock those items in the trunk of your vehicle.

2)      Shop during daylight hours whenever possible.  If you must shop at night, go with a friend or family member.

3)      Dress casually and comfortably.

4)      Avoid wearing expensive jewelry.

5)      Do not carry a purse or wallet, if possible. Always have your cell phone within arms reach.

6)      Always carry your driver’s license or identification along with necessary cash, checks and/or a credit card you expect to use.

7)      Even though you are rushed and thinking about a thousand things, stay alert to your surroundings.

8)      Be extra careful if you do carry a wallet or purse.  They are the prime targets of criminals in crowded shopping areas, transportation terminals, bus stops, on buses and other rapid transit.

9)      Avoid overloading yourself with packages.  It is important to have clear visibility and freedom of motion to avoid mishaps.

10)  Beware of strangers approaching you for any reason.  At this time of year, con-artists may try various methods of distracting you with the intention of taking your money or belongings.

Enjoy your holiday season and remember to be safe and sound! Visit our website at www.boddielawgroup3.com as well like us on facebook http://www.facebook.com/pages/The-Boddie-Law-Group-LLC/175052059211538

The Fifth Amendment of the United States Constitution states “…No person shall be compelled in any criminal case to be a witness against himself or be deprived of life, liberty, or property, without due process of law.”  So what does the 5th Amendment mean to the Everyday Joe Citizen who has been arrested? 

It means that law enforcement must inform all criminal suspects of their right to remain silent.  This right extends from the point of arrest throughout the suspect’s involvement in the current or future criminal proceedings.

A large number of police cases are built and founded upon statements made by the accused.  In the United States, the government has the burden of proving that the accused is guilty beyond a reasonable doubt.  The prosecutor has to recreate the crime and prove beyond a reasonable doubt what did or did not happen, but the accused does not have the burden of proving or disproving anything.  Thus, there is very little benefit in saying anything to a law enforcement officer once you know that you are a possible suspect.  It is important to remember that the 5th Amendment only applies after we are arrested.  There is a difference between being detained and arrested.  

 Therefore, the 5th Amendment right against self-incrimination does not apply once we are approached and questioned by police, but does apply once we are arrested or no longer free to leave. Finally, everyone is always a possible suspect, so it is better to stay silent from the beginning.  You cannot talk yourself out of an arrest; you can only talk yourself into an easy conviction for the prosecutor.  If you have been arrested and questioned about a criminal offense, please call The Boddie Law Group, LLC.  Our office telephone number is 404-287-2393 or visit our website - www.boddielawgroup3.com/

Know your Rights and Options!