Dealing with witness credibility in a drug case
Marietta Criminal Defense Blog - David West & Associates
by On Behalf of David West & Associates
2w ago
A drug charge and a corresponding conviction can have tremendous implications for your life, affecting everything from your freedom, your reputation, your ability to work, and the time you get to spend with your children. That’s why you need to aggressively seek every angle you can take to attack the prosecution’s case. One that may be available to you in your case is attacking witness credibility. Why witness credibility matters The jury that sits on your drug case is going to hear a lot of testimony. They’re free to believe whichever witnesses they find most credible. So, if you can damage t ..read more
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Drivers should understand the details of implied consent for DUI
Marietta Criminal Defense Blog - David West & Associates
by On Behalf of David West & Associates
2w ago
Refusing a chemical breath test in a DUI traffic stop  is a legal violation that can cause problems for defendants independent of whether they were under the influence. Whether they realize it or not, when a person who has a driver’s license in the state, they are automatically agreeing to submit to this test when asked. A refusal will lead to different penalties contingent on the person’s age and the type of license they have. When confronted with any DUI-related charges, the ramifications can be extensive and knowing what can be done to lodge an effective defense is key. Penalties diffe ..read more
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Protecting your rights when you are faced with armed robbery charges
Marietta Criminal Defense Blog - David West & Associates
by On Behalf of David West & Associates
3w ago
The criminal process can feel like an overwhelming and complicated process. When faced with a serious felony charge, it is hard to think about anything other than the severe consequences associated with a conviction. While the penalties for an armed robbery charge is looming over you, it is important to not let that deter you from taking immediate action to create a criminal defense. Because a conviction could harm your life in many ways for an extended period, a criminal defense is your chance to gain a sense of control over your future. Armed robbery charge At David West & Associates, ou ..read more
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Questioning an officer’s behavior in DUI cases
Marietta Criminal Defense Blog - David West & Associates
by On Behalf of David West & Associates
1M ago
When a person is charged with driving under the influence in Georgia, they will inevitably be fearful as to what will happen if they are convicted. There are various consequences for DUI including the possibility of incarceration, hefty fines and a driver’s license suspension. With subsequent DUIs and convictions, the penalties grow steadily worse. People in this situation must remember that they have options. Simply accepting the DUI charge is often a mistake as there are ways to question the evidence, show they were not under the influence or even scrutinize how the law enforcement officer w ..read more
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How can I pass a field sobriety test?
Marietta Criminal Defense Blog - David West & Associates
by On Behalf of David West & Associates
1M ago
When you are pulled over for DUI, you will likely be asked to perform field sobriety tests. These are a series of physical and mental exercises that police officers use to determine if you are under the influence of alcohol or drugs. You might not be aware that you have a right to refuse these tests. This is common. Many drivers do not realize that they can refuse field sobriety tests and end up taking them because they believe they must. If you find yourself in this situation, here are some tips that can help you pass field sobriety tests to show you are sober. Even if you have had a couple d ..read more
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What are the penalties for a prescription drug crime?
Marietta Criminal Defense Blog - David West & Associates
by On Behalf of David West & Associates
2M ago
If you are accused of a prescription drug crime, you could face serious penalties. However, there may be defenses available to you. Prescription drug crimes Prescription drug crimes can involve several types of illegal activity. If you obtain or distribute medications without a valid prescription, by selling them to others, for example, that is considered illegal possession and distribution. Also, if you change the quantity or type of medication on the prescription, steal medication from a hospital or pharmacy, or visit several doctors to obtain multiple prescriptions you could face consequenc ..read more
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Can a drug possession conviction affect my voting rights?
Marietta Criminal Defense Blog - David West & Associates
by On Behalf of David West & Associates
2M ago
For individuals in Georgia with a felony drug possession conviction, you may wonder whether you can still vote. While voting is a fundamental right and civic duty, it can be revoked in certain circumstances, including specific criminal convictions. Understanding felony disenfranchisement Felony disenfranchisement refers to the practice of denying voting rights to individuals convicted of a felony. The Sentencing Project, a nonprofit advocating criminal justice reform, reports that over 5.8 million Americans face disenfranchisement due to felony convictions, affecting approximately 2.3% of the ..read more
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Do I have to worry about the feds with Georgia marijuana charges?
Marietta Criminal Defense Blog - David West & Associates
by On Behalf of David West & Associates
3M ago
The intricacies of marijuana laws in the United States create a complex scenario for individuals facing Georgia marijuana charges. While certain states have embraced the legalization, the federal government classifies it as a Schedule I substance, setting the stage for potential federal prosecution alongside state-level consequences. Georgia marijuana laws In Georgia, the possession of low-THC oil has been decriminalized. This specialized form of medical marijuana, containing no more than 5% THC, is designated for treating specific medical conditions such as cancer, epilepsy, Parkinson's disea ..read more
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How reliable are drug detection dogs?
Marietta Criminal Defense Blog - David West & Associates
by On Behalf of David West & Associates
3M ago
As is the case across the country, Georgia authorities use drug detection dogs in their work. A properly trained police dog in theory is supposed to be able to pick up on the scent of drugs and alert police to their presence. Legally, the dog gives police information that they can use to claim probable cause and then search a person’s vehicle or other property. Of course, if the police find contraband, the target of their search will then face serious drug or other criminal charges. The problem is that some studies have indicated that these drug detection dogs are not reliable. For example, an ..read more
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Can I avoid jail by going to rehab?
Marietta Criminal Defense Blog - David West & Associates
by On Behalf of David West & Associates
3M ago
Being arrested and convicted of a drug crime in Georgia comes with serious penalties. Depending on the type and amount of drug, you may face jail or prison time on top of any other penalties. One of the problems with this approach is that often people possessing or using drugs are addicted and sending them to jail or prison is not likely to aid in treating that addiction. If you find yourself in this situation, you might naturally prefer being ordered to go to rehabilitation instead of to jail. But what are your chances of that? Convincing a prosecutor or judge to order you to attend rehabilit ..read more
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