An inappropriate touching of a child can be enough for a conviction. Even though neither of these crimes requires sex to have occurred, the punishments are severe. Many people believe the misconception that they cannot be convicted if intercourse did not ensue and are shocked when they hear otherwise at trial. Call now if this applies to you and let us evaluate all of your options! Georgia law does not continue to label people as sexually dangerous predators, but in the past, it was a designation given to some offenders.
It refers to a people who were designated between July 1, , and June 30, A sexually dangerous predator as defined by O. In many cases, yes, we advise our clients to hire an investigator. It is important to have a third-party interview witnesses and have answers to important questions that they can later testify to in court. Remember, your attorney cannot be a witness in your case. An investigator can be extremely beneficial during the trial because then we can hold people down to their answer that they provided to the investigator. A discrepancy in information can make a witness look less credible or could result in evidence being thrown out if there are conflicting sources.
In addition, it is vital to investigate family members or other close friends for motive. We have represented hundreds of innocent clients that were set up by people close to them or blamed for an action they did not commit. Investigators will utilize unique techniques to collect data and information surrounding your case.
Before hiring an investigator, it is important to discuss your matter with an attorney. Kimberly Berry is here to answer any questions you have and to explore whether an investigator is needed for your situation. Yes, they can as long as the crime does not fall under the category where a superior court judge has to issue the bond. A bond is an assurance that the accused gives the state while in prison promising to come to court when required. The suspect has the choice to choose what kind of bond they would like to use. There are three types of bonds: cash, surety, and property bonds.
Cash bonds are just what you would expect. They are the quickest way to get someone out of jail but many times people do not have cash on hand, and that is why they have to use a surety bond. However, cash bonds are not returned at the end of the case. A surety bond is an agreement between three parties where the bonding company surety agrees to pay the bond in return for the accused attending their court appearances.
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If the accused fails to show up for court, then the court receives the full amount from the surety, and the company generally goes after the defendant to recover the payments made on their behalf. The last type of bond is a property bond. This occurs when the accused pledges that in exchange for their release, they will encumber some of their property. They can produce a warranty deed or another statement showing the property's fair market value.
We rarely recommend property bonds because until the case is completed, the property cannot be sold, refinanced, or divided. However, if the bond is too high for a family member to post or they were unable to secure a surety bond, then a property bond will be the last option.
For more information about superior court bonds, please visit our page here. There are several crimes where only a superior court judge can set the bond. Unfortunately, no. Due to the first amendment right of free speech and freedom of the press, there are very little ways to control what the media says about you.
We understand that this is frustrating and while you want to prevent them from disseminating your information; there is little you can do to stop them.
While you can't control what they say, you can control what you say and how you respond. If you were wrongfully charged with a crime, then let's attack that in the courtroom. If inaccurate facts are being reported, we can try to address those, but it can be dangerous because you don't want to reveal any other information. We advise that you focus on fighting your case and building your defense instead of trying to manage your media.
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You could not sue the state if they had probable cause. Georgia has a very low standard of probable cause, so it does not take much to meet that standard. There are two main types of defamation cases: libel and slander. Both involve harmful statements that could cause damage to a person's reputation. Libel requires that the information is in writing or somehow published. With slander, the only requirement is that the defamatory statement be spoken to a third party. The majority of the time you are unable to file a claim against the State if you were defamed. However, you could file against the individual who made the statements.
For example, if a person falsely accused a public figure of rape but later admitted that her accusation was false and dropped the charges, you may be able to file a lawsuit if you can demonstrate that your reputation suffered. This is a frequently asked questions from our clients. However, there is no set answer. While some cases may take months, others may take years. It is difficult to predict how long your case can take. We understand the stress criminal proceedings can put on you and your family. Kimberly Berry will take the time to explain the entire criminal process to you and what you can expect from every stage.
She will be available to answer any questions you have whenever you need her. The criminal justice system is not made for self-service. Your best outcome can only be obtained by working with a lawyer who deals with these cases every day. Many of our clients have heard about the rape shield law and wonder if it would apply to their case. Evidence relating to the alleged victim's past sexual behavior is generally admissible.
This law was created to protect potential victims of sexual offenses from character attacks related to the guilt or innocence of the accused. Other evidence that is excluded from the trial may include proof of the alleged victim's marital history, mode of dress, sexual morals contrary to community standards, and general reputation for promiscuity. Neither the defense nor the prosecution may offer evidence in under this statute.
The rape shield law is just one example of why it is critical to hire an experienced Georgia Sex Crimes Attorney. A general practitioner who does not practice criminal law on a daily basis may not be sure how to fight an alleged victim trying to prevent evidence being admitted under this law. It is in your best interest to hire a lawyer that works with these laws every day and knows how to make the rules work to your advantage!
For statutory rape charges, many clients want to know if they fall under the Romeo and Juliet provision. Close in age exemptions were historically put in place to prevent the prosecution of people who engage in consensual sexual activity when both parties are significantly close in age to each other but one or both parties are below the age of consent. Because Georgia does not have these types, it is possible for two individuals under the age of 16 who willingly engage in sexual intercourse to both be prosecuted for statutory rape.
However, this is extremely rare. Moreover, there are no protections when sexual conduct is between a year-old and a year-old. It is still illegal for them to have sex in Georgia, but it is treated as a far less severe crime. If the victim is years of age and the accused is either 18 or no more than four years older than the victim, he or she will be guilty of a misdemeanor. Being charged with a misdemeanor instead of a felony statutory rape charge is a massive win for your case. The penalty for a felony statutory rape charge can range from 1 to 20 years in prison.
If the perpetrator is over 21, the sentence increases to between years in prison. For more information about statutory rape or questions about sex crimes in Georgia , please contact one of our knowledgeable attorneys immediately. When charged with a sexually based offense, many clients ask if they are required to provide a specimen. The short answer is that if the state has a warrant, then yes, you have to give a sample. In cases where there is not a warrant, it can get a little bit complicated.
If you have been arrested, the police are permitted to force you to provide fingerprints, a handwriting sample, or a voice sample at the station. These are considered evidence of physical characteristics. If you think your rights were violated during any point of the arrest process, contact Kimberly Berry today. Our office has conducted multiple trainings for officers to make sure they comply with the law when making an arrest and we know exactly what is required. Do not trust a general practitioner or someone inexperienced with criminal law with your case! Representation can make all the difference so contact us now and find out why we are Georgia's top-rated criminal defense firm.
If the Division of Family and Child Services DFCS shows up on your doorstep and informs you about accusations received against you, you need to take it seriously. Even if it sounds absurd, do not laugh off their questions. If they use words such as neglect or abuse, these are broad terms that cover a lot of offenses. Be very careful about what you say! If DFCS ends up at your door and claims there have been sexual allegations against you, you need to call an attorney immediately.
Be polite to the DFCS personal and investigators but remember that anything you say can be used against you. It may be best to politely decline to comment, so that you are able to defend your case later on. Call us immediately if you find yourself in this situation. Georgia has a large number of sex crimes, and it can be difficult to ascertain the difference between each one. While we try and provide answers to frequently asked questions about sex crimes in Georgia , please visit the respective pages for each offense to learn more about them.
Sexual battery, sexual assault, and rape are all different crimes under Georgia law, but many people are unaware of the difference. Sexual battery occurs when a person intentionally makes physical contact with the intimate body parts of another without the consent of another. Intercourse does not have to occur to be charged with sexual battery. Sexual battery will be charged as a misdemeanor of a high and aggravated nature.
Sexual assault occurs when a person with supervisory or disciplinary authority over another engages in sexual contact with them. Similarly, to sexual battery, intercourse does not have to occur to violate the statute. Lastly, rape occurs when a person has carnal knowledge of a female forcibly against her will or a female less than ten years of age. Rape is considered a felony and is punished by either the death penalty, life in prison without parole, or a statutory minimum of 25 years in prison followed by lifetime probation.
We hope this information helps give you some basic information on the differences between the crimes. If you have any questions about sex crimes in Georgia , please reach out to our office. A sex offender registry is a list of all convicted sex offenders in a state. Individuals convicted of certain sex crimes in Georgia are required to register. Some of the information contained in the registry is made available to the public. The information open to the public varies by jurisdiction but generally includes the offender's name, current address, offenses, and a photograph of them.
The offender must register with the sheriff's office in the county in which they reside within 72 hours of moving to that county. A failure to register as a sex offender comes with significant penalties. It can result in a prison term between one and thirty years for a first conviction. A second conviction for failing to register will be a prison sentence between five and thirty years. A sex offender must register in person with the sheriff of the county in which they intend to reside within 72 hours of their release from prison. If the offender is homeless, they must still register in person with the sheriff of the county in which they sleep within 72 hours of their release from prison.
A sex offender must renew their information with the sheriff of the county in which they reside by reporting in person to the sheriff within 72 hours of their birthday. They will be photographed and fingerprinted. If the offender moves then they must notify the sheriff of the county in which they formerly resided and notify the sheriff in the county they relocated to. If it is the same county, the offender must notify the sheriff of their new address. Similarly, to how Georgia's registration process works, a sex offender who moves to another state must register their new address with the sheriff of the county where they last resided and also register with the designated law enforcement agency in the new state.
This registration must take place within 72 hours of establishing residence in the new state. The registration provisions do not come into play if the sex offender is there for a vacation, wedding, or another temporary visit. They must register after establishing residence in that state. Being on the registry will impact where you live, where you work, and where you go. It can also have implications for your family as well. While the criminal consequences are that you have to register in any county you live, and you must report whether you are going to be a student, there are other consequences that sex offenders face.
We have many clients that have suffered an inability to get the professional license they desire, financial problems, not being able to take your children public places, and shame in the community. We want to help you avoid these consequences for the rest of your life! We have extensive experience with defending sex crimes and have been successful in getting charges reduced or dismissed.
While this information about sex crimes in Georgia may be helpful, it does not replace speaking with one of our attorneys.
Call now! Generally, most adults that have been convicted of a sex offense in Georgia must register with the state as a sex offender. Misdemeanor convictions and juvenile offenses are exempt from the registration status. In Georgia, the crimes that could result in the offender having to register include:. According to O. This is excellent news for a juvenile because now they have a chance to start over and do not have the registry hanging over them as they try to continue their future. Among other restrictions, convicted sex offenders are not allowed to use Facebook or other social media platforms.
Facebook and Instagram prohibit registered sex offenders from using their services. There are strict penalties for those who fail to comply with sex offender registration requirements. Any individual who fails to register will be guilty of a felony. The punishment for a first conviction will be a prison term between one and thirty. A second conviction will result in a prison term between five and thirty years. A person can be convicted of failing to register if they provide false information or fails to respond to the sheriff within 72 hours before their birthday.
We have had numerous clients call us after they accidentally forgot to register or check in with the sheriff. Unfortunately, failing to register is a strict liability crime, and it is immaterial whether it was an accident or intentional. However, there are always Georgia Criminal Defenses that can be used to help defend your case. For more information, please see our page on failing to register as a sex offender in Georgia. In Georgia, yes the sex offender is generally on the registry for life. However, they can be removed by a court order or by other legal means.
For more information, please visit our sex offender page. A person convicted of a sexual offense after June 4, that forced them to register as a sex offender has significant restrictions on where they can live and work. They are prohibited from living or working 1, feet from child care facilities, churches, schools, or areas where minors congregate. This means that they cannot establish a residence within 1, feet of one of these places but also they cannot be employed or volunteer within 1, of an area where minors congregate.
However, there is one exception to this rule. If a registered individual owns or leases property or has established employment and a child care facility, church, school, or area where minors congregate later locates itself within 1, feet of that property, the individual will be allowed to remain there without violating the statute. Hiring an experienced defense attorney as soon as possible is the most critical step anyone accused of a sex offense in Georgia can take.
Even if you have not been charged yet, but have reason to believe you will be, do not hesitate to contact us. We have years of experience defending rape cases, sexual assault cases, sexual battery cases, statutory rape cases, and more. A lawyer can make sure your rights are protected throughout the process and will fight to obtain the outcome you desire. Call now. Hire an attorney immediately! The importance of hiring a lawyer from the very beginning cannot be understated! Hiring an attorney from the beginning means that we can interview witnesses and review the evidence close to the time of the alleged incident.
Witnesses will have it fresh on their mind, and we may find proof that the police missed. Here at Lawson and Berry, we never assume guilt because we know there are many false allegations. Just because you are charged with a crime does not mean you are guilty! We understand that you may have been in the wrong place at the wrong time or are being targeted.
We make sure our clients are able to exercise their rights to the fullest extent of the law. Anyone facing sex offense charges in Georgia should hire a lawyer. They can help protect your rights and may be able to lessen the penalties by negotiating with the prosecution. A lawyer can analyze all of the available options to put you in the best position to defend yourself and avoid these ramifications.
The most important part of hiring an attorney is to make sure they have experience with defending sex crimes. Many offices hold themselves out to a jack of all trades and advertise that they defend all types of crimes. This can be dangerous because since they do not delve into criminal law every day, they may miss some of the intricate details. That is why Lawson and Berry has dedicated attorneys for sex crimes. They are here to answer any questions about Georgia sex crimes you may have and can walk you through the process.
Call now for a free case evaluation. Many attorneys have some experience in criminal defense but do not practice it exclusively. If your attorney does not practice criminal law every day, they will miss the nuances that can make the difference in your case. Kimberly Berry works with people accused of sex crimes every day and knows where gaps in the State's arguments generally arise. When hiring an attorney, it is important to ask the following questions to make sure you are hiring the right attorney:.
The answers you receive should make you feel confident that you are choosing an attorney that will fully advocate on your behalf! If they do not supply concrete and comforting information, you need to speak with another attorney. Do not feel sorry about being picky about your attorney. It is your future in the balance! No, however, all questioning can be halted based on Miranda vs. There is a significant advantage to hiring an attorney early!
We advise our clients and the public to never speak to the police. Please read our article detailing this but if you have any immediate questions, call us. If you are being investigated or have already been arrested and charged with a sex crime in Georgia, you can still beat your charges! With the help of an experienced lawyer, we can help you avoid prison time and having to register as a sex offender.
Winning sex crime cases in Georgia involves a thorough and extensive investigation. False allegations are frequently made by disgruntled family members during times of divorce, child custody battles, and other times of family stress. Unfortunately, with sex crimes, people often assume guilt before innocence.
We will request and review medical records, interview witnesses, perform background investigations into witnesses, conduct forensic investigations, and gather physical evidence that may have been ignored or overlooked by the police. We use all of these avenues and more to fight your case.
You can fight your sex charge and be successful in Georgia. You just need the right lawyers. Our goal is to clear your name and restore your freedom. Consent may be a defense to some sex crimes but not all. Crimes such as statutory rape do not take into account whether the victim consented. Even though the individual may have agreed, their agreement is not legally valid because Georgia says the age of consent is If the parties were of age to consent and the alleged victim agreed to the sexual contact, then no crime has occurred. Evidence to support this argument would be greatly beneficial in helping get the charges dropped.
Consent would be a defense to rape, sexual battery, and sodomy. If the alleged victim consented to the charged activity, call us immediately. We will help prove your innocence! There are numerous defenses that our experience attorneys can use to support your case. Whether it is mistaken identity, consent from the alleged victim, mental incapacity, or innocence, we can help with your case.
We investigate every detail of your case and then build a defense. Not the other way around. Police often uncover sex offenders by posing as prostitutes, underage individuals, or other parties to catch sex offenders while committing or preparing to commit a sex crime. Some defendants argue that the police induced them to commit a crime he or she did not intend to commit. Therefore, they try to use entrapment. There have been cases where this argument is successful. However, it can be a difficult defense to prove because if the defendant intended to commit the crime and the police simply provided a means to do so, then they were not entrapped.
The elements of an entrapment defense are complicated and can be difficult to prove without the help of an experienced lawyer. The consequences of being convicted of a sex crime in Georgia vary depending on the charged offense. Conviction s : Child Molestation Residence: Cannot reside within 1, feet of any child care facility, church, school, areas where minors congregate. Self-employed - works from home. Note: This offender has no foot restrictions. Employed by Robert Tanner, Lakewood Dr. Scars, Marks, Tattoos: Tattoos: left and right arms.
Conviction s : Criminal Attempt to commit Child Molestation. Scars, Marks, Tattoos: Tattoo: Money sign on upper right arm. Employed by Luxottica, Henry Co, Ga. Conviction s : Child Molestation ; this offender has no proximity restrictions pertaining to where he may live and work.
Conviction s : Sexual Assault on minor under 12 years of age This offender has no foot proximity restrictions. Scars, Marks, Tattoos: Tattoos both arms, right leg and abdomen. Conviction s : Forcible Rape of Minor. This offender has no proximity restrictions pertaining to where he may live or work. Scars, Marks, Tattoos: Tattoos: both upper arms egyptian stylings and joker and right calf skull. Scars, Marks, Tattoos: Tattoo on the right forearm of a scorpion.
Scars, Marks, Tattoos: Tattoos: right forearm skull, left shoulder skull, right shoulder. Conviction s : Statutory Rape, Dawson County, Ga Residence: Cannot reside within 1, feet of any child care facility, church, school, areas where minors congregate. Scars, Marks, Tattoos: Tattoo Right shoulder flower with names. Conviction s : Sexual Battery on Child under 14 years. Conviction s : Aggravated Child Molestation.
NOTE: this offender may not reside within 1, feet of any child care facility, church, school, or areas where minors congregate excludes libraries. Cannot be employed at any child care facility, church, school, or by or at any business or entity that is located within feet of said. Scars, Marks, Tattoos: Tattoos: Chest arms and back.
Conviction s : Statutory Rape and Sexual Battery Spalding County, Ga Residence: Cannot reside within 1, feet of any child care facility, church, school, areas where minors congregate. Scars, Marks, Tattoos: multiple tattoos both arms and chest. Scars, Marks, Tattoos: Tattos: Hooka on upper right arm;. Self employed truck driver.
Scars, Marks, Tattoos: Tattoos both arms and chest, removable gold dental caps. Scars, Marks, Tattoos: Scar: left forearm, missing tip of left middle finger. Scars, Marks, Tattoos: Tattoos: arms dragons, back spiderman, leg green goblin. Conviction s : Sexual Battery- Victim under 16 years of age Residence: Cannot reside within 1, feet of any child care facility, church, school, areas where minors congregate.
Scars, Marks, Tattoos: Tattoo on right bicep- wolf howling at yellow moon. Conviction s : Sexual offense against child - fondling, Georgia Scars, Marks, Tattoos: Tattos both arms stars, scriptor, rocket, moon, watch. Conviction s : Rape 2nd degree minor victim , Albany, New York Residence: Cannot reside within 1, feet of any child care facility, church, school, or areas where minors congregate does not include libraries. Conviction s : Child Molestation Note: This offender has no foot proximity restrictions. Note: This offender has no ft proximity restrictons. Scars, Marks, Tattoos: wears glasses, Tattoo: skull on right calf, pierced left ear.
Restrictions: Cannot reside within 1, feet of any child care facility, church, school or an area where minors congregate. Scars, Marks, Tattoos: Tattoos: chest and both arms. Note: This offender has no proximity restrictions pertaining to where he may live or be employed. Scars, Marks, Tattoos: Tattoos on back, arms and legs. Conviction s : Stat Rape Residence: Cannot reside within 1, feet of any child care facility, church, school, areas where minors congregate. Scars, Marks, Tattoos: Tattoos: right arm, left hand, right foot.
Conviction s : Sexual Exploitation of Children 3 counts Note: Cannot reside within 1, feet of any child care facility, church, school, areas where minors congregate. Also, cannot be employed or volunteer at any child care facility, church, school, or at or by any business or entity that is located within feet of said. Address: E. Conviction s : Statutory Rape No foot proximity restrictions apply to this offender. Central Ave. Scars, Marks, Tattoos: both arms praying hands, Jesus and.
Scars, Marks, Tattoos: Tattoos: both arms, shoulders and chest.
Georgia Counties: Sex Crime Lawyers, Attorneys, and Law Firms
Conviction s : Child Molestation - Spalding County, GA Residence: Cannot reside within 1, feet of any child care facility, church, school, areas where minors congregate. Conviction s : Sexual Battery upon a Minor. Scars, Marks, Tattoos: tattoos: right shoulder, chest, left forearm. Conviction s : sex exploitation of child unlawful surveillance. Conviction s : Child Molestation-7counts Butts Co.
Conviction s : Statutory Rape , Georgia This offender has no foot proximity restrictions. Conviction s : Cruelty to Children Residence: cannot reside within 1, feet of any child care facility, school, or area where minors congregate does not include churches, swimming pools, library. Conviction s : Statutory Rape, Spalding County Residence: Cannot reside within 1, feet of any child care facility, church, school, areas where minors congregate. Address: S. Note: This offender cannot reside within 1, feet of any child care facility, school or areas where minors congregate.
This offender has no employment restrictions. Employed at Dependable Movement; Griffin maid and lawn service. This offender may not live within feet of a school, day care or areas where minors congregate. No employment restrictions OCGA Conviction s : Statutory Rape Felony Residence: Cannot reside within 1, feet of any child care facility, church, school, areas where minors congregate. Scars, Marks, Tattoos: burn scar on back of left calf, Tattoo upper left arm - Gemini.
Scars, Marks, Tattoos: Artificial left eye, scars on abdomen, both legs. NOTE: Residence: Cannot reside within 1, feet of any child care facility, church, school, areas where minors congregate. Conviction s : Residence: cannot reside within 1, feet of any child care facility, school, or area where minors congregate does not include churches, swimming pools, library.
Employed by Frito Lay, Jonesboro, Ga. Conviction s : Sexual Battery 2counts minor victim Residence: Cannot reside within 1, feet of any child care facility, church, school, areas where minors congregate. Conviction s : AGG.