Georgia takes acts of violence against family members very seriously. In fact, what might be charged as a misdemeanor assault between two strangers could be a felony when the victim has a close relationship with the accused. This is why it is very important to talk to a criminal defense attorney when you have been accused of domestic violence. I am dedicated to protecting the rights of the accused and fighting to get the best possible outcome when my clients are facing domestic violence charges.

What Is Considered Domestic Violence in Georgia?

Under Georgia’s Family Violence Act, a domestic assault is not about the kind of violence committed, but rather it is about the relationship between the perpetrator and the victim. If you have been accused of assaulting someone who is considered a family member under Georgia law, you could face the more serious penalties that come with a domestic violence conviction. Georgia defines family violence as battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass between the following:

• Past or present spouses
• Persons who are parents of the same child
• Parents and children
• Stepparents and stepchildren
• Foster parents and foster children
• Persons living in the same household or who once lived in the same household

Georgia law does allow for “reasonable discipline” administered by a parent to a child, including corporal punishment, restraint, and detention.

Was it an Argument, or Was it Domestic Violence?

I support laws that protect victims of domestic abuse and violence 100%. People who assault a partner, child, elderly family member, or former partner should be held accountable for their actions. However, the law must be applied fairly, and the accused must be allowed to defend themselves. In Georgia, law enforcement is required to follow certain protocols when investigating a domestic assault call. It is not enough for an alleged victim to make an accusation. In a “he said, she said” situation, law enforcement must consider the following before making an arrest:

• Prior family violence involving either party
• The relative severity of the injuries inflicted on each person
• The potential for future injury
• Whether one of the parties acted in self-defense

Just because the police have guidelines for making domestic violence arrests, that doesn’t mean they follow them. If you are being questioned on suspicion of domestic violence, call my office as soon as possible. It’s important to understand that, even if the alleged victim recants, the state can still pursue the charges against you.

Penalties for Domestic Violence Convictions in Atlanta

Georgia’s sentencing guidelines are complex and confusing. In general, violent crimes against family members are considered to be crimes of a “high and aggravated nature,” and the punishment is increased accordingly. For a first conviction, you could face a fine of up to $5000 and up to 12 months in jail. Subsequent convictions could be sentenced as a felony. If you are also charged with violating a protective order, you face even more serious consequences of up to ten years in jail and a fine of up to $10,000.

In addition to the fines and jail time you face, a domestic violence conviction can affect your ability to get a job, maintain a professional license, own a gun, and serve in the military. In addition, your personal reputation could be destroyed. This is why it is so important to hire the best possible defense attorney, even if you believe you are innocent.

Contact Brian Hobbs Law as Soon as Possible

When you call me to represent you in a domestic violence case, I will explore every possible defense option. Each case I take is unique, and the defense I build will reflect the specifics of your case. However, the sooner I can get started defending you, the more options we will have. If you have been questioned or accused, do not hesitate to contact me to discuss your case. I will be honest about the situation you are in and will explain what I might be able to do to help. Georgia takes accusations of family violence very seriously, and so should you. 

The problem with that kind of pricing structure, for the client, is that 97% of all criminal cases are resolved without the client ever having a trial. Sometimes, the client qualifies for a diversion program, and the case is handled to conclusion relatively quickly.

We don’t think it’s fair that you should pay the same price for a case we resolve by securing your admission in a diversion program that leads to the case being dismissed within six months as you would for a case that goes on for two years with multiple court appearances, ending in a three-day jury trial.

At Brian Hobbs Law, Our Sliding Fee Is Different

We operate with a sliding fee designed to be fair to you by charging you only for what you need. We don’t think it’s fair to charge every single client for a trial when, in reality, only three out of every 100 clients will actually need one.

Furthermore, if this is your first arrest, or you don’t have a felony record, our extensive experience typically allows us to handle your case effectively and efficiently, and in many instances quickly, in order to get you back to work and back to your life. That efficiency leads to savings that are passed on to you. You don’t pay for what you don’t need.

We believe that our fee should be proportionate to the amount of work that goes into your case. These days, too many people are unable to afford a lawyer and, as a result, are at risk of being stuck with a public defender they didn’t hire and don’t trust, or worse, try to handle their case themselves.

As a result, our fees are based on different levels of representation depending on whether your case is handled through a diversion program prior to indictment, a negotiated resolution after indictment, or a trial.

Our knowledge and experience allow us to handle your criminal defense case both efficiently and effectively. We don’t have to reinvent the wheel. We are better at using our time and our energy and believe in passing those cost savings to the client. Being charged with a criminal case is stressful enough without having to worry about being taken advantage of.

However, you haven’t been convicted yet. Right now, you are facing domestic violence charges in Georgia, and you need to know what to do to avoid a conviction.

Avoid These Mistakes in a Domestic Violence Criminal Case

You may think you are taking actions to help your defense, but the following actions could end up being costly mistakes. Specifically, it is a mistake to:

1. Contact the alleged victim. The alleged victim is likely a family member or significant other. Even if you love this person, I encourage you not to contact the person who has accused you of domestic violence. It is especially important to avoid contact if there is a protective order in place.
2. Believe the allegations will go away because you are innocent. The government may try to build a strong case against you. Do not assume that justice will be achieved just because you believe you didn’t commit the crime.
3. Believe the allegations will go away if the alleged victim decides not to press charges. The victim doesn’t get to decide whether a crime has been committed or the charges should be brought. That is up to the State of Georgia.
4. Talk to anyone other than an attorney about the charges. Anything that you say to the alleged victim, police, or prosecutors may be used against you.
5. Post on social media. Anything you post on social media may be misconstrued and could be used against you.
6. Accept a plea without knowing your rights. You may agree to unintended consequences that you did not have to accept.
7. Miss a court date. Always show up on time, properly dressed, and with a respectful attitude.
8. Fail to think of all possible defenses. You have the right to defend yourself and should thoroughly discuss all potential defenses with your lawyer.
9. Not to contact an experienced criminal defense lawyer. It could be a costly mistake to handle your own case or to hire a lawyer who doesn’t have specific experience with criminal cases in Georgia.

Contact a Georgia Domestic Violence Criminal Defense Lawyer Today

I want to make sure that you know all of your rights and that you make an informed decision about how to handle your domestic violence case. Please contact me today for a free consultation and strategy session to discuss all of the things that you can do right in your domestic violence case and what we can do together to protect your legal rights.

Three Steps to Take After Being Falsely Accused of a Crime

Your instinct may be to deny the accusations. However, instead of talking to the accuser, police, or prosecutors, I recommend that you:

• Hire a criminal defense lawyer. I can advise you every step of the way so that you don’t have to guess what you should do next or whether you are hurting or helping your case.
• Gather and protect relevant evidence. You may have critical evidence of an alibi. Depending on the circumstances, evidence may include witnesses, receipts, or other documentation of your location on a certain date and specific time.
• Don’t talk to anyone about the allegations. The district attorney, police, and person who accused you of the crime are not on your side. You may be tempted to confront your accuser, especially if it’s someone you’ve known well, or to tell your side of the story to the government. Unfortunately, you may do more harm than good if you have these conversations without your criminal defense lawyer present.

Don’t Pay the Price for a Crime You Didn’t Commit

False accusations can result in the stress of a criminal trial, jail time, fines, employment consequences, difficulty renting a place to live, and other complications.

I don’t want you to pay the price for a crime that you didn’t commit. However, if you fail to take the actions described above because you know you are innocent, then you could end up wrongfully convicted of a crime based on false accusations.

Contact me today to schedule a free consultation and strategy session. Let’s discuss how I can help you face the false accusations against you. My priority is to make sure that your side of the story is heard and that you are treated fairly.

Computer and Electronic Pornography in Georgia is a felony offense. The typical fact pattern we see is basically a law-enforcement-driven

The result of these internet stings is the arrests of law-abiding adults who were never interested in meeting or having sex with children, which leads us to the defense of entrapment.

In Georgia, a person is not guilty of a crime if his conduct is induced or solicited by the police. To use entrapment, you have to show the following:

1. The idea and intention to commit the crime originated with the police
2. The police also used undue persuasion or deceitful means to induce the person to commit the crime
3. The person would not have committed the crime had it not been for the conduct of the police officer

And, of course, at trial, the State has the burden of proving beyond a reasonable doubt that the Defendant was not entrapped.

The most important and most difficult element to prove is that the person would not have committed the crime had it not been for the police officer's conduct. In effect, we need to show that our client was not predisposed to engage in any sexual acts with children, and had it not been for the police’s undue persuasion or deceitful means, the client would not have agreed to do so.

But How Do You Show All of That in Practice?

Investigation, more investigation, and an expert or two. For our criminal defense team, investigation isn’t just investigating the police officer’s methods and the State’s case. With these particular cases, we have to do a deep dive into our client’s background to gather evidence that they had never previously engaged in this type of behavior and that they’re not the type of person who would. To do this, we interview as many people as possible who have a close personal relationship with our client and who can therefore talk about his character and his lack of sexually deviant behavior. 

As for the experts, we have our client undergo a psychosexual evaluation to show that he doesn’t have any deviant sexual behaviors, such as pedophilia or sexual interest in children. We also will conduct a forensic examination of our client's cell phone, tablet, and computers to show that they never had those types of communications with children online nor possessed child pornography. All of these factors help us paint a true picture of our client’s character to prove that they were not predisposed to engage in any sexual acts with children and would never have done so absent the police’s undue persuasion and deceit.

Which brings us back to the police’s undue persuasion and deceit—to show this, we need to focus on the police officers’ specific conduct, including showing how they used techniques specifically designed to induce our client to commit the offense. We’ll focus on the initial “meeting,” tone of the conversation, and specific language chosen by the officer. We’ll also look for evidence of “role-playing,” at what point in the conversation the “child’s” age was disclosed, any evidence that our client was reluctant to continue the conversation or tried to discourage the conversation, undue persuasion on the part of the officer, and whether any photograph provided by law enforcement, held out to be the “child,” made it obvious that he or she was underage. Remember, most of these cases originate from the Internet Crimes Against Children Task Force. The interesting thing about the task force is that their funding is tied to the number of arrests they make. This certainly creates an incentive where undue persuasive techniques and deceit find a home in the aggressive police techniques used in these cases. 

Let Us Help You Get Your Life Back

By now, you know that a Computer and Electronic Pornography charge in Georgia is a serious matter with potentially catastrophic consequences. If you or someone you love is facing this type of charge, contact our office as soon as possible. We will develop an individualized defense for your specific case. While we can’t guarantee a specific result, we can guarantee that we will not judge you, and you will be treated with respect and dignity. 

Make an Informed Decision.
Make the Best Decision.
And Contact Us to Get Started Today.

Mistake #1: Not Seeking Prompt Medical Attention

After being injured, some people believe they can handle the pain or fear they can’t afford a trip to the emergency room. I get it, but it is not always easy to tell the extent of your injuries at the time of an accident. Waiting to see a doctor can make an injury more painful in the long run, and it could increase the amount of time you need to heal.

Being quick to treat injury will not only support your body’s healing process, but it can also support your legal process. Your medical records will be some of the strongest evidence in your case because those records show the severity of your injuries and pain at the time of the accident. The longer you wait to see a doctor, the easier it becomes for the responsible party or an insurance company to argue that the injury was not serious or to claim your injury was the result of something else entirely.

Mistake #2: Not Collecting Evidence

Medical records are one way to support your claim, but there are additional ways to gather evidence, and one of the best is probably in your pocket right now. A cell phone camera can be used to take pictures that may help your case. If you are injured by slipping or falling, take pictures or video that show where you fell, including any objects or obstacles which may have led to the accident. If you are injured in a car accident, photos and video of the scene, including the cars, the road, any skid marks or debris, and the license plates of the vehicles involved, may provide visual support for your version of events.

If the police or emergency services are present, ask for a name or take their card so they can be contacted for information later. If the police were called to the incident, an official report should be available after a few days.

Mistake #3: Trying to Go it Alone

Hiring a personal injury lawyer when you have been injured in an accident is one of the best things you can do on your own behalf. Opposing parties and insurance companies will certainly have the advantage of specialized legal teams, so it is absolutely necessary that you have someone to balance the scales in your favor. Contact my office today to set up a free consultation.

Let’s be honest, lawyers are everywhere, and most are saying the same thing. They’re aggressive. They fight for you. They care about you. They go on and on talking about themselves but do a great job of not sharing any information that might help you with your case. I’m here to change that.

We want to provide you with actual, real, useful information about car accidents and other personal injury claims. We feel you have a right to know as much about your case and what you’re facing as possible.

We are sorry that something has happened in your life that has caused you to be looking for a lawyer. That’s never a good day. We truly want you to get back to your life and to fully recover from your injuries. It’s that sincere desire that led to our decision to provide you this free educational information so that you can make smart decisions about your case. 

If you have questions about your case, the best way to start a conversation with us is to pick up the phone and call us at (770) 727-2868. The conversation is 100% confidential, 100% free, and without any obligation.

What You Can Expect When You Contact Us Today

You can expect to speak to an actual attorney. They will ask you:

• Where the accident happened
• What were your injuries
• Was there a police or accident report
• Was anyone cited by the police
• What happened just before the accident
• What happened right after the accident
• Who was in the vehicle with you
• What your medical treatment has been since the accident
• Whether or not you missed work as a result of the accident
• Whether the insurance company has communicated with you

I believe in adding value to your life. If hiring us will not add value to your case, then we will either make a recommendation for an attorney who can help or provide you with information on settling your case yourself. We don’t believe in pressuring you into hiring us for your case, and we will only take your case if we can provide benefit and value to you.

Start taking back control today and schedule a free case evaluation. Call my law firm at (770) 727-2868 or complete our contact form. 

1. Insurance Companies Want to Settle Your Case as Soon as Possible and for the Smallest Settlement Possible

Insurance companies will do all they can to discourage you (the claimant) from hiring an attorney. They will create a false sense of urgency to pressure you into acting as quickly as possible. As a result, more than 50% of all people in an accident don’t even bother to contact an attorney. They don’t bother to learn the information they need to get fair compensation and, as a result, they settle their cases for much less than what they deserve. Brian Hobbs Law is here to help you right now. Our firm is available to you 24/7. Just call JST-4ALL and let us start helping you today. And if your injuries are such that you can’t come to us … we’ll come to you.

2. Once You Sign a Release for Your Accident Case, Your Case Is Over Forever

Every day we hear stories about people filled with regret. A lot of people felt the pressure to settle their case quickly and took the couple thousand dollars the insurance company offered. And now they’ve realized that what they agreed to wasn’t enough. It wasn’t enough to pay their medical bills, to pay for their ongoing physical therapy, or make up for the wages they lost by having to take time off work to heal. Oftentimes, the full extent of your injuries may not be apparent until weeks later. What immediately feels like a sore shoulder is actually a torn rotator cuff and if you’ve already signed a release you won’t be able to recover the money necessary to pay for all your medical bills. It’s easy to get confused when you’re asked to sign a release. You may think you’re signing a property damage release when you’re in fact signing a full and final release that will prevent you from receiving full and fair compensation.

3. Insurance Companies Want You to Play a Game But Won’t Tell You the Rules

You need an expert like us on your side. You may have never been in an accident and now are trying to navigate your medical treatment, missing work, medical bills, and getting your car repaired, while still dealing with your job and family responsibilities all while negotiating with a billion-dollar insurance company. As nice as your insurance agent is, he’s not the person you’re dealing with now. No, now you’re dealing with the billion-dollar insurance company that has all the resources in the world and the ability to learn everything there is about you. Now you’re playing a game while depending on your opponent to tell you the rules. Don’t be surprised when they only tell you the ones that benefit them at your expense. This is why you need an expert you can trust on your side.

4. Insurance Companies Can (and will) Use Your Medical Records Against You

One of the first things the insurance company will do is to urge you to sign a medical release that allows them to obtain your privileged medical information about any health issue you may have faced, even if it’s completely irrelevant to your current injuries and case. The way they explain it makes sense. They want you to sign the medical release so they can verify your injuries from the crash before they pay for your injuries. What they are really doing is gathering information to use against you later in your case. Were you ever treated for alcoholism or drug addiction? They will give that information to their attorneys and try to use it against you. And by the way, YOU DON’T HAVE TO SIGN A MEDICAL RELEASE FOR THE INSURANCE COMPANY.

5. Insurance Companies Want Your Recorded Statement to Use it Against You

When I ask someone whether they gave a recorded statement to the insurance company, a lot of times the answer is, “Yes, but it’s ok, I just told the truth.” Of course, you have to tell the truth when making a statement, but you do not have to make a statement and there are some facts that the other party has no right to know. They’re trying to get you to admit to facts they can later use to question causation or to downplay your injuries. And if you have to make a statement (for example, to your own insurance company), we’ll be with you the whole time to protect you during the process.

6. Sometimes You Aren’t Immediately Aware of the Extent of Your Injuries

It’s natural to want to minimize your injuries and refuse medical treatment at the scene. A few days go by, however, and you suddenly start having back or neck pain, or headaches You may need to take some time off work. If you quickly signed off on a release you CANNOT sue to be compensated for medical expenses. When we represent you, we wait until you’ve healed as much as possible and know what your treatment and prognosis are before we negotiate your claim.

You won’t see my face on billboards or TV commercials (you’re welcome). I pride myself on providing my clients and people who have been injured in accidents with real information that will actually help them through a stressful period in their lives. I provide this information regardless of whether we ever meet for a free consultation. In keeping with that goal, I want to make sure you are also aware of a few key important points so that your rights are protected after a crash.

1. You Do NOT Have to Provide the At-Fault Driver’s Insurance Company With a Recorded Statement 

After a car accident, the negligent driver’s insurance company will call you and sometimes even send an investigator to your home to try and convince you to provide a recorded or written statement. They’ll do everything they can to persuade you that making a statement is a good idea, that it will help speed things along, and it’s just a part of the normal process. This is not the case, and it is one of several mistakes people make after a car accident in Georgia. 

The real reason they want you to give a recorded statement is to try to minimize the degree of your injury, and to cast doubt on the true cause of the accident or to acquire information to try to impart a degree of negligence to you so that they can later argue that you were at fault. Right after a car accident, the insurance company will try to make you think they’re on your side, trying to get the information necessary to pay you a fair sum for your accident. What they’re really trying to do is gain a strategic advantage that they will later use to either deny you compensation or greatly reduce the value of your claim.

One of the advantages of having a car accident attorney is that the other insurance company is not allowed to contact you and will have to contact your attorney. 

2. You Do NOT Have to Sign a Medical Release 

After a Georgia car accident, the insurance adjuster will also try to persuade you to sign a HIPAA release to get all of your medical records, not just your medical records related to your injuries from the car accident. The real purpose of this common practice is to go on a fishing expedition, to look back through your past medical records to find some remote record from years ago.  And then they’ll use that remote record to attribute some degree of your injuries, pain, and suffering, to a past or preexisting condition in order to deny you compensation, or greatly diminish the value of your claim. 

3. If You Have Health Insurance, All Medical Bills From Your Wreck Should Be Submitted to Your Insurer

I’m sure you remember filling out your intake paperwork when you were treated and having to answer a question related to whether or not your injuries were caused by an accident or the fault of another. 

Hospitals and other medical groups in the Atlanta area frequently tell patients they cannot use health insurance to pay for treatment related to a car accident. This is simply untrue and frankly borders on illegality. 

The reason they do this is simple, and as you might imagine, is all about money. If you have insurance, then a hospital or your medical group has entered into a contract with your insurer concerning the costs of treatment. Your contracted cost for a procedure through your insurance could be as much as five times less than what the hospital would charge a person without insurance. They will try to convince you that you cannot use your health insurance to pay for treatment related to a car accident so they can then charge the rate that is five times more than what you should be paying! 

The hospital or medical group will then file a lien on your insurance claim thus guaranteeing that they get paid first, before you, from the proceeds of any settlement. If this is not handled properly, you could receive all the proceeds of your settlement and you walk away with nothing.

4. You Do NOT Always Need an Accident Attorney

Not every car crash requires a car accident attorney. In certain situations, hiring a car accident attorney could lead to receiving less money. 

On the other hand, if you have sustained a significant injury, missed time from work, have concerns over the car wreck’s impact on your future health, are being mistreated by the insurance company, or have medical bills that are greater than the negligent driver’s insurance policy limits, then you really need to consult with a car accident attorney before entering into any negotiations or settlement. Remember, a consultation won’t cost you anything, but may result in a much greater settlement that fairly compensates you for your injuries.

5. The Negligent Driver’s Insurance Policy May Not Be Your Only Source of Recovery After a Car Wreck

This is extremely important. Many of the more serious and catastrophic injuries my firm has handles involve situations where the negligent driver only had what’s known as “minimum limits coverage.” That means the negligent driver is only carrying the minimum amount of coverage required by law, which in Georgia is $25,000.00. 

What happens if your medical bills are $50,000.00 or $100,000.00? 

First, we make sure there aren’t any other insurance policies applicable to the driver. For example, the 7 stages of lewy body dementia driver may have been operating someone else’s car at the time of the collision, allowing us to recover the coverage on that vehicle, plus the negligent driver’s own car. Another example would be if the at-fault person was working when the wreck happened. In these situations, we may be able to recover not only from the driver but also from the business the driver was working for.

Second, we always check whether or not you have “uninsured or underinsured motorist” coverage on your own insurance policy. If you have this important coverage, and your damages exceed the policy limits of the negligent driver that caused your injuries, then an uninsured/underinsured claim may be necessary. Additionally, there are certain situations in Georgia where you can “stack” your underinsured policies following a car wreck.

Third, if the car accident was caused by a drunk driver, the facts may permit a claim against the restaurant or bar that overserved him. This is known as a Dram Shop action. There can also be a cause of action against a Social Host for situations where, for example, the host of a party can be liable for serving alcohol to a minor or intoxicated person who then causes injuries. 

6. Personal Injury Settlements Are Tax-Free

Fortunately, monies recovered from personal injury settlements or jury awards are not taxable under Georgia state laws or federal tax laws. The notable exception is for punitive damages. 

7. Personal Injury Settlements Should Cover All of Your Losses—Both Past and Future

People who have been involved in car wrecks often experience medical problems many years later. Any settlement or jury verdict must factor in not only the injuries, pain, and suffering you’ve already been through, but also what you're likely to endure in the future. For example, if after a car wreck you sustain a cervical spine injury. The doctor tells you that you will likely require surgery to address the issue at some time in the future. However, because it’s surgery on your cervical spine, you or the physician want to wait to determine whether the surgery is absolutely necessary. If you don’t factor the cost of that future surgery into your damages when you settle the case, you can’t go back at a later time to request compensation for that surgery and you will be left to pay for it on your own. We work with a number of experts in this area to help make sure clients are fully compensated for anticipated future hardships.