Gwinnett County, situated in the Atlanta metropolitan area, is a go-go area and like any other County, it is prone to criminal behaviors. Minor and serious offenses might turn to legal trouble for citizens at some stage within their lives Autonomously, if you or a cousin is dealing with a criminal case in Gwinnett County, it is fundamental for you to understand the common charges together with knowing the steps of defending against them. No matter the charges, whether misdemeanor or felony, the services of a criminal lawyer gwinnett county will benefit you.
1. DUI (Driving Under the Influence)
Crimes related to driving under the influence of alcohol, narcotics and other illegal drugs is within the county as is a phenomenon in the rest of the state of Georgia. Penalties assigned for crimes of this nature vary from fines, suspension of license and/or incarceration under the control of law enforcement for a considered period of time. An individual can be arrested if he/she is caught with a BAC (Blood Alcohol Content) of 0.08 % or higher, and is doing driving, to be subsequently charged for DUI.
How to Defend Against a DUI Charge:
- Challenge the Traffic Stop: A reasonable suspicion must exist in order for someone to be pulled over. If the traffic stop is found to be flawed, any evidence gathered during the traffic stop may not be admissible in a legal proceeding.
- Challenge the Sobriety Tests: There are certain factors which can have an effect on the results of a field sobriety test. Weather that is too poor, medical issues, or bad executing of the tasks can all affect the accuracy of the test results.
- Challenge the Breathalyzer Results: Breath tests can also have their biases when it comes to accuracy. A competent lawyer is able to question if the device in question was calibrated, if the officer followed the proper procedures, or if there was a blunder concerning the administering of the test.
2. Drug Possession
The drug possession accusations are rampant within Gwinnett County due to its proximity to Atlanta, which is a major deportation center. The consequences of being found in possession of drugs, whether they are marijuana, prescription pills, or any other illegal drugs, can be severe.
How to Defend Against a Drug Possession Charge:
- Illegal Search and Seizure: If police did not possess a strong reason to suspect or a legitimate warrant to search a vehicle, house, or personal items, the evidence can be omitted from the case.
- Lack of Knowledge or Control: It can be argued that you were completely oblivious of the drugs, or that they were not physically within your control. This is often the defense in drug related cases.
- Chain of Custody Issues: A moving of drugs from one region to another without proper paperwork, verification or evidence is termed as a “break” in the chain of custody. Without proper documentation, such evidence can be contested.
3. Theft and Burglary
Theft and burglary charges are prevalent in Gwinnett County, as with many areas. Theft refers to unlawfully taking someone else’s property with the intent to permanently deprive them of it, while burglary involves unlawfully entering a building with the intent to commit a crime, such as theft.
How to Defend Against a Theft or Burglary Charge:
- Alibi or Mistaken Identity: This includes proving that the accused is guilty, or abscent for proof that there is intention to committ crime, therefore alibi is a strong form of defense.
- Lack of Intent: In every prosecution of theft, the defendant is required one way or the other to prove oblique intent which in this case is theft. A rebuttal can put forth that there was never any such intent designated to commit the “crime”.
- Permission to Enter: In cases of burglary, possession of a permission slip to the building or having no intention of committing an offense can acquit you of a conviction.
4. Assault and Battery
Assault and battery are two forms of violent crimes that involve an intentional infliction, or attempted infliction, of bodily harm or threat of harm to another person or a combination of these. Circuit Court of Gwinnett County processes a significant number of both assault and battery cases, including those that arise from domestic violence or from fights in drinking places.
How to Defend Against an Assault or Battery Charge:
- Self-Defense: A self-defense claim can be made to justify that your actions were suitable in preventing a realistic dangerous situation towards yourself or others.
- Lack of Intent or Harm: If the supposed victim did not suffer any injury and there was lack of intent to inflict harm, then it is possible to argue that the charges should be lessened or completely withdrawn.
- False Allegations: In some instances, the accused of battery or assault is unjustly accused. A lawyer gwinnett county can gather evidence and talk with the needed people to confirm the claims and build the needed evidence to dismiss the accusations.
5. Domestic Violence
Gywinnett County witnesses a disturbing number of domestic violence cases and allegations can wreak havoc on a person’s life. Domestic violence has a broader definition that includes emotional intimidation and threats along with physical abuse, which is often seen to accompany them.
How to Defend Against a Domestic Violence Charge:
- Lack of Evidence: Allegations must be proved by the prosecution or else the case is not valid. Most allegations come with a lacking proof or with contradictory statements that permit the defense attorney to seek dismissal.
- False Accusations: Many disputes in domestic settings lead to violence, but at times they are exaggerated or completely fabricated. In these scenarios, an attorney has to do intensive scrutiny of the claims to present a case to defend the victim.
- Mutual Combat: If an altercation happens, it can justifiably be accepted that both sides contributed to it, which makes the alleged victim also a perpetrator at some level.
6. Weapon Charges
Having inappropriate possession of firearms, concealed weapons without permits and making threats using a weapon can all lead to charges in Gwinnet County. With Georgia being unforgiving with weapon laws, those charged with weapon crimes can expect heavy repercussions.
How to Defend Against a Weapon Charge:
- Lack of Knowledge or Ownership: If the weapon was not yours or you were unaware it was in your possession, this could be a potential defense.
- Unlawful Search and Seizure: As with other charges, if the weapon was discovered through an illegal search or without a valid warrant, the evidence may be inadmissible.
- Self-Defense: If you can demonstrate that you were carrying a weapon for self-defense, this may reduce or dismiss the charge.
Conclusion
The criminal charges stemming from offenses from Gwinnett County tend to have jumped consequences. But usually with the help of legal defense, these charges are reduced or set aside. If it is a DUI, drug possession, theft, assault, domestic violence, or a weapon charge case, you need the best criminal defense lawyer gwinnett county. The defense lawyer will put the case together, point out the gaps on the prosecution’s side and fight for you and your liberties. You need legal assistance? Talk with one of the professional criminal defense lawyers in the area, like Banks Stubbs Law.
