Author Archives: Jay Butchko
The Role of Probation in Georgia Criminal Cases: What You Need to Know
Probation is one of the most common results in a Georgia criminal case. Instead of serving time in jail or prison, the defendant may be allowed to remain in the community under court-ordered supervision. While probation is generally considered a better result than incarceration, you’re still under strict rules, and there can be potential… Read More »
Your Rights During a Georgia Traffic Stop
Even if you believe you’ve done nothing wrong, a traffic stop is a stressful event. Like every state, Georgia affords you with certain legal rights that are designed to protect you during a detention. Knowing what these are can help you stay calm, focused, and avoid escalating the matter. This will protect you if… Read More »
What Happens After an Arrest in Georgia? A Step-by-Step Guide
Getting arrested is a frightening and confusing experience. Whether you’ve been arrested for a minor offense or a major felony, most people don’t know what happens once they’re in police custody. Understanding Georgia’s criminal process can ease some of the uncertainty and help you make informed decisions. In this article, the Cobb County criminal… Read More »
Drug Possession versus Drug Trafficking in Georgia: Understanding the Key Differences
The State of Georgia takes drug charges very seriously. Even simple possession charges can have life-altering consequences. Drug trafficking charges are much more severe. Telling the difference between the two types of charges can be challenging. The major difference often comes down to the amount of drugs involved, the intent of the accused, and… Read More »
Challenging Chemical Evidence in a Georgia DUI Case
You may think the evidence against you is ironclad, but you’ll never know until you speak to a Georgia DUI lawyer with years of experience fighting these cases. In this article, the Smyrna, GA, DUI attorneys at Andrew L. Schwartz, P.C., will discuss how evidence can be challenged in a DUI case. Challenging breathalyzer… Read More »
Understanding Georgia’s New Fentanyl Bill
The State of Georgia recently implemented a new law known as The Fentanyl Eradication and Removal Act (The FEAR Act). This new law, which went into effect on July 1, 2025, raises the penalties for fentanyl trafficking and is designed to combat the availability and devastation caused by the illegal drug. The new law… Read More »
When Impairment Matters More Than BAC: Navigating Georgia’s “Less Safe” Statute
In the State of Georgia, DUI extends beyond simply having a blood-alcohol level of 0.08% or more. You can be charged under a statute known as “DUI Less Safe” (O.C.G.A. § 40-6-391(a)(1)). This statute focuses on whether or not the driver’s ability to operate their vehicle has been compromised by drugs or alcohol. BAC… Read More »
Drug Possession Crimes in Georgia
The State of Georgia’s drug possession crimes mirror the federal statutes closely. Drugs are divided into one of five “schedules” based on recognized medical uses and their capacity for abuse. These include drugs like cocaine, heroin, and methamphetamine, as well as many of the compounds used to produce them. In this article, the Smyrna… Read More »
How Does Law Enforcement Know That You “Intended to Distribute” Illegal Drugs in Georgia?
The State of Georgia doesn’t mess around when it comes to drug crimes. The majority of simple possession charges are felonies under our laws. If you’re facing drug charges in Cobb County, you may wonder how police officers differentiate between simple possession charges and drug dealing charges (intent to distribute). How can law enforcement… Read More »
Arrested On Fourth of July Weekend for DUI? What You Need to Do Next
The Fourth of July is coming. It is a time for celebration. It is also a time to be safe. The National Highway Traffic Safety Administration (NHTSA) reports that DUI crashes (and arrests) spike during the Fourth of July holiday period. If you were arrested, it is imperative that you know how to protect… Read More »