DeKalb County Criminal Law Blog

Can you refuse a breath test in a DUI stop?

On behalf of Cohen & Hirsch Criminal Defense on Thursday, April 4, 2019.

You are driving home after a casual night out. Just minutes from arriving home, you spot red and blue lights behind your car. Nervous, you pull over. Now with thoughts racing through your head, you wonder whether you should consent to taking a breath test.

Georgia's implied consent law stated that drivers consent to cooperating with law enforcement officials and taking roadside tests. However, a recent decision by the Georgia Supreme Court has dramatically affected the state’s DUI law. This decision affects both the approach of police officers and the decisions of drivers in DUI stops.

Fake fantasy football league sends Atlanta man to court for fraud

On behalf of Cohen & Hirsch Criminal Defense on Wednesday, November 28, 2018.

Recently, an Atlanta man appeared in court for allegedly scamming investors out of money intended to start a fantasy football league. According to The Atlanta Journal-Constitution, the man received $500,000 to start the league, but he instead used the money to dine at restaurants and take personal vacations. He then allegedly withheld information about the money when he filed federal income tax returns. Because of his actions, the man faces charges of wire fraud and tax fraud.

There are several actions that are considered federal tax fraud, including:

Intentionally underreporting income
Reporting personal expenses as business expenses
Failing to deposit cash payments to avoid tax consequences
Inflating the value of business expenses

Your criminal activity may stop you from working with children

On behalf of Cohen & Hirsch Criminal Defense on Friday, August 24, 2018.

You have a criminal record for crimes you committed in your younger years. Though, at the time, the punishments and penalties seemed minuscule, you now realize that you may not have the ability to apply for your dream position as a caretaker of children.

Criminal activity affects some job applicants from receiving a second look. Though you may possess the aptitude and experience for the position, your passionate attitude may not be enough for your potential employer to look past your transgressions with the law. It proves important to speak with an attorney about expungements in Georgia, but if you cannot remove your charges from your record, you may want to consider different career paths.

Georgia man accused of several felonies after domestic incident

On behalf of Cohen & Hirsch Criminal Defense posted in Criminal Defense on Thursday, July 12, 2018.

In many ways, it is amazing to consider how one incident can ultimately completely alter the course of a person's life. A person charged with a crime, for example, will likely be left creating new plans for their future. One man in Georgia may be doing so following his recent arrest; he is now accused of multiple felonies and misdemeanors.

Police claim that they became involved with the man when they received a phone call about a domestic incident at approximately 6:30 a.m. on a day in early July. The caller reportedly claimed that a man had been physically violent while under the influence of drugs. Reports indicate that statements made by children at the home and physical injuries on a woman indicated physical abuse.

Former NBA player charged with Georgia robbery

On behalf of Cohen & Hirsch Criminal Defense posted in Theft & Property Crimes on Wednesday, June 27, 2018.

When a crime occurs, especially one that garners media attention, there is often a rush to assign blame and file criminal charges. Unfortunately, this haste can often lead to arrests that are made even if there is not sufficient evidence to support them. In fact, it is unclear what evidence led police to former NBA player James "J.J." Hickson, Jr., prior to his arrest for his alleged involvement in a Georgia robbery.

The incident that led to Hickson's arrest reportedly happened one morning on a day in mid-June. Police say that the former basketball player entered into a Georgia home through a side door. He then, allegedly, attacked a 17-year-old in the home before stealing $100,000.

Convicted on criminal charges? You may have the right to appeal

On behalf of Cohen & Hirsch Criminal Defense posted in Criminal Defense on Friday, June 15, 2018.

You were picked up on a crime in Georgia. Criminal charges were filed against you, and you ended up being convicted after your case was heard in court. Now what? If any errors made during your trial contributed to your conviction, you may have the right to appeal.

Here's the thing: judgment calls and error in procedure by one's attorney or by the prosecution can wind up costing an accused individual his or her freedom. It happens far more often than you would think. The court system is not perfect. This is why the appeal process was put in place.

Criminal records: Who needs to know?

On behalf of Cohen & Hirsch Criminal Defense on Friday, June 1, 2018.

As many as one in three adults has a criminal record, but no one expects their child to be one of them. It’s been a challenging road, but now, with lessons learned, you’re trying to help your child navigate the consequences of their decision. Having a criminal record in the U.S. means that just about everyone can find out, including current and future employers. With joblessness being a leading cause of recidivism, a change to the law was past due.

In 2013, the state of Georgia decided that it would be awarding fresh starts to some people with criminal records. If eligible, criminal records restrictions, previously called expungement, can seal a criminal history, reducing some of the barriers to success.

Georgia teacher facing fraud charges fired

On behalf of Cohen & Hirsch Criminal Defense posted in Criminal Defense on Friday, June 1, 2018.

When it comes to managing the money of an organization, there often may be multiple people who are in charge of it. This could make it difficult to account for how that money is being spent. Unfortunately, a teacher in Georgia, accused of fraud, was recently fired from his position as a result of the criminal charges against him.

The man's arrest stemmed from an anonymous complaint made in May 2017. According to reports, both the tipster and the teacher were members of a local teachers' association; the accused man served as the president. The tipster claimed that over $66,000 was stolen from the organization, and either the president or the treasurer may have been responsible.

2 face drug charges following search of Georgia home

On behalf of Cohen & Hirsch Criminal Defense posted in Drug Charges on Thursday, May 17, 2018.

Most people in Georgia and across the country have a basic understanding that the U.S. Constitution protects them from certain acts by the government. Despite having this knowledge, they may be unable to recognize and appropriately respond to certain unlawful acts. In fact, two people in Georgia may be wondering about their legal options following their recent arrest on drug charges.

The incident involves a man and a woman, reportedly a teacher in a Georgia school system. Their arrest follows the search of a residence conducted by a drug task force operation. It is unclear what prompted the search of the home.

3 arrested in Georgia, accused of burglary after cashing in coins

On behalf of Cohen & Hirsch Criminal Defense posted in Theft & Property Crimes on Thursday, May 3, 2018.

Many people who are accused of crimes in Georgia have little to no legal training. As a result, they are often unsure how to respond to criminal accusations. In fact, three young people may need guidance as they navigate the criminal process after being accused of burglary.

The events that led to their arrest allegedly happened in late April. Police reportedly responded to a residence after they received a report that "suspicious suspects" were at the front door. A young woman in the home reportedly hid upstairs and claims she heard multiple people enter the home.

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