Author Archives: Jay Butchko
Larceny vs. Theft in Georgia: What Charge Applies When Property Is Taken?
If someone is accused of taking another person’s property in Georgia, the charge will generally fall under one of the state’s theft statutes rather than a separate offense called larceny. Theft by taking is the charge most closely associated with the traditional idea of taking property, but its reach extends beyond a straightforward accusation… Read More »
A Domestic Violence Case Can Continue Even When the Accuser Does Not Want to Prosecute
A domestic violence case can look very different a few weeks after an arrest than it did on the night police were called. The people involved may have reconciled, separated, or simply had time to think about what happened. The person who first spoke with officers may tell prosecutors that they no longer want… Read More »
Georgia’s Rape-Shield Rules Can Shape What Evidence Reaches the Jury
A person accused of a sex crime may believe the jury needs to hear about an earlier sexual relationship with the person making the accusation. That history may seem essential to understanding the relationship, the events leading up to the alleged encounter, or a defense based on consent. Yet having information that appears important… Read More »
Smart-Home Devices Can Create an Unexpected Record of a Domestic Dispute
A domestic dispute usually happens quickly, inside a home, and with few independent witnesses. By the time police arrive, the people involved may give very different accounts of when someone entered the house, where an argument occurred, who left first, or how long the incident lasted. Connected devices inside the home may have been… Read More »
Georgia’s Romeo and Juliet Law: When Statutory Rape Is Treated as a Misdemeanor
Two teenagers may consider themselves to be in a normal dating relationship. Their friends may know they are together, their messages may show mutual affection, and neither person may describe what happened as forced. A statutory rape accusation can still follow if one person was under 16 when sexual intercourse allegedly occurred. Georgia law… Read More »
How Prosecutors Try to Prove Intent to Distribute Without Evidence of an Actual Sale
A drug arrest in Atlanta does not need to include a hand-to-hand transaction for prosecutors to pursue possession with intent to distribute. Officers may never identify a buyer, witness drugs change hands, or recover evidence of a completed sale. The accusation can instead grow out of what police find with the drugs and what… Read More »
How Facial Recognition Is Changing Repeat Shoplifting Investigations in Georgia
Retailers have long used security cameras and loss-prevention employees to identify suspected shoplifters. Facial-recognition systems add another layer by comparing a person entering a store with photographs already stored on a watchlist. An alert generated at the entrance may connect a current customer with a shoplifting accusation from another date or location before the… Read More »
When Drug Possession Becomes Drug Trafficking Under Georgia Law
A drug trafficking charge in Georgia does not necessarily begin with an alleged sale. Police may recover drugs during a traffic stop, the execution of a search warrant, or another investigation without identifying a buyer, documenting a transaction, or claiming that money changed hands. For certain controlled substances, possessing enough of the drug can… Read More »
Automatic License Plate Readers Can Build a Timeline Before a DUI Stop
A DUI investigation often begins with what an officer sees immediately before the traffic stop. Automatic license plate reader data can reach further back, showing that a vehicle passed cameras at different locations earlier in the evening. Several time-stamped detections may allow prosecutors to reconstruct part of the vehicle’s movement before the arrest. Several… Read More »
Can You Be Charged With DUI While Sitting in a Parked Car?
A Georgia DUI arrest does not always begin with an officer watching a car travel down the road. Police may find someone asleep behind the wheel in a parking lot, sitting in a vehicle on the shoulder, or waiting in a car after drinking. By the time the officer arrives, the engine may be… Read More »