Author Archives: Jay Butchko
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 »
What is “Constructive Possession” As It Relates to Georgia Drug Charges?
They say “possession” is nine-tenths of the law. It’s true that there has been a lot of consideration given to the matter of possession under the law. It sometimes happens that a Georgia resident is charged with drug possession when the drugs were found on the person of another individual or in a neutral… Read More »
What Are Police Looking for When Targeting for Drunk Drivers
Have you been charged with driving under the influence (DUI) in Cobb County? If so, you may be wondering what specifically the police saw when they decided to pull you over. Why did they target your vehicle specifically? Most drivers are unaware that police officers are trained to look for specific clues that indicate… Read More »
When Do Police Need to Read You Your Miranda Rights in Georgia?
You’ve seen it before on TV. A character is arrested by police and promptly read their Miranda rights. Generally speaking, the television suspect is read their Miranda rights as the officer is placing their hands behind their backs to put the cuffs on them. This leads a lot of people toward the mistaken impression… Read More »
What is Georgia’s First Offender Act and How Do I Qualify?
The Georgia First Offender Act is an option available to those who have otherwise been convicted of a crime in Georgia. The Act allows first-time offenders to avoid a permanent criminal record. Under the Act, eligible individuals can plead guilty or no contest to a charge without facing a misdemeanor conviction. After you complete… Read More »
The Importance of Medically Clearing an Individual Before Administering the Horizontal Gaze Nystagmus Test
Since 1975, the National Highway Transportation Safety Administration (NHTSA) has standardized field sobriety tests for officers. Prior, each officer would administer their own test, or individual police stations would train their officers in specific tests to give to the motoring public. Today, there are three standardized tests of dubious veracity that are used universally… Read More »