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Category Archives: Criminal Defense

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The Role of Probation in Georgia Criminal Cases: What You Need to Know

By Andrew L. Schwartz, P.C. |

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 »

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PoliceStop

Your Rights During a Georgia Traffic Stop

By Andrew L. Schwartz, P.C. |

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 »

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ArrestPolice

What Happens After an Arrest in Georgia? A Step-by-Step Guide

By Andrew L. Schwartz, P.C. |

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 »

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Crim_Defense

Drug Possession versus Drug Trafficking in Georgia: Understanding the Key Differences

By Andrew L. Schwartz, P.C. |

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 »

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NewLaw_

Understanding Georgia’s New Fentanyl Bill

By Andrew L. Schwartz, P.C. |

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 »

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Advocacy2

How Does Law Enforcement Know That You “Intended to Distribute” Illegal Drugs in Georgia?

By Andrew L. Schwartz, P.C. |

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 »

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Drug_Arrest

What is “Constructive Possession” As It Relates to Georgia Drug Charges?

By Andrew L. Schwartz, P.C. |

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 »

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KnowYourRights

When Do Police Need to Read You Your Miranda Rights in Georgia?

By Andrew L. Schwartz, P.C. |

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 »

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CrimDefLawyer

What is Georgia’s First Offender Act and How Do I Qualify?

By Andrew L. Schwartz, P.C. |

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 »

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DrunkDriv

The Importance of Medically Clearing an Individual Before Administering the Horizontal Gaze Nystagmus Test

By Andrew L. Schwartz, P.C. |

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 »

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