Crosby LawCrosby Law2026-05-26T11:00:36Zhttps://www.crosbylawoffice.com/feed/atom/WordPress/wp-content/uploads/sites/1404829/2023/12/cropped-Crosby-Dir_image-op-32x32.jpgOn Behalf of Crosby Law<![CDATA[Were you issued a ‘super speeder’ ticket Memorial Day weekend?]]>https://www.crosbylawoffice.com/?p=477692026-01-02T20:45:52Z2026-05-26T11:00:36ZWhat is a super speeder under Georgia law?
Under Georgia law, a driver violates state super speeder laws if they are convicted of driving 75 mph or greater on a two-lane road or 85 mph or greater on any road or highway in the state. Not only are super speeders subjected to fines and fees in the jurisdiction where the offence occurred, but they will also have to pay an additional state super speeder fee in the amount of $200. Motorists have 120 days to pay the super speeder fee or their driver’s license will be suspended. To have their license reinstated will cost a super speeder $50. Out-of-state motorists who receive a super speeder ticket in Georgia are subject to the same requirements and penalties as Georgia residents.
How to contest a super speeder citation
There is a procedure in Georgia for contesting traffic citations, including super speeder tickets. First, examine your traffic ticket. It should contain your court date on the “Section IV: Summons” part of the citation. Second, appear in court on your scheduled court date. If you do not appear on your court date, your driver’s license may be suspended until a resolution is reached in your case. During your court appearance, you will make your plea to the judge who will then issue a ruling. You can plead guilty and pay the applicable fine, plead not guilty and ask for a trial by jury or you can plead “no contest.” If you pled not guilty a verdict will be rendered at the end of your trial.
Learn more about traffic violations in Georgia
A speeding ticket can certainly ruin your holiday fun as well as set you back financially. Moreover, if your driver’s license is suspended you will find it difficult to get to work, attend medical appointments and run necessary errands. For this reason, it is important to understand Georgia’s speeding laws.
This post is for educational purposes only and does not contain legal advice. You can contact us if you have a traffic violation question or learn more about our law firm.]]>On Behalf of Crosby Law<![CDATA[What should you know if accused of dealing fentanyl laced drugs?]]>https://www.crosbylawoffice.com/?p=501302026-05-15T09:29:26Z2026-03-10T11:30:04Z of dealing drugs is always a serious legal matter, but the stakes just increased when it comes to accusations that involve drugs laced with fentanyl in Georgia. This is because of the recent passage of the Fentanyl Eradication and Removal Act, known as the FEAR Act. The law targets fentanyl trafficking, distribution, possession, mislabeling and counterfeiting. The practical impact is simple: fentanyl allegations now carry more serious consequences. Any person investigated or charged under these provisions should treat the matter as a high-stakes case from day one.
Why fentanyl cases now carry greater criminal exposure
Part of the danger of fentanyl is the fact that it takes a very small amount to cause death. Lawmakers passed the FEAR Act to serve as a deterrent by strengthening punishment tools with penalties. In addition to the increased penalties that come with the FEAR Act, prosecutors also look for aggravating factors to further increase the charges. These could include proximity to vulnerable populations like a school, evidence of packaging and communications suggesting sales activity. Even cases that begin as possession investigations can quickly develop into distribution or trafficking allegations.
Key penalty escalations under the FEAR Act
The FEAR Act increases penalties associated with fentanyl-related charges in Georgia. A single count can result in decades imprisonment, hundreds of thousands in fines and long probation terms as well as collateral consequences that impact employment, housing and licensing.
As noted above, a fentanyl investigation is rarely limited to the substance itself. Law enforcement typically pursues additional criminal charges that could include conspiracy, possession with intent or weapons allegations. Prosecution will look for digital evidence such as text messages, social media, call logs and location data to help build their case. Defenses strategies can include a review of warrants, vehicle stops or controlled buys to ensure proper protocol. If responding officers did not follow the rules and regulations that guide use of these tools, it is possible to seek a reduction or even dismissal of charges. A structured defense approach can address issues with the prosecution’s evidence and preserve defenses. A delay can increase risk through missed deadlines, lost evidence and statements that the prosecution could use against you. The FEAR Act signals a tougher framework for fentanyl enforcement in Georgia. Penalties increase and charging decisions carry heavier consequences. These increased consequences paired with the fact that investigations move quickly make it imperative that anyone facing fentanyl-related allegations treat the case as a serious matter and seek legal counsel to begin building a legal strategy to protect your rights. ]]>On Behalf of Crosby Law<![CDATA[How do domestic violence allegations become criminal charges?]]>https://www.crosbylawoffice.com/?p=501262026-05-14T19:20:08Z2026-02-04T10:20:51ZThe legal process depends on the charge
How the state converts an accusation to a criminal charge depends on the severity of the alleged offense. Domestic violence is technically a wobbler offense in Georgia. State prosecutors can handle the case as a misdemeanor or as a felony offense.
In a misdemeanor domestic violence scenario, a printed police report and statements made by the alleged victim may be all that the state needs to bring charges against the defendant. The process is substantially different when the defendant faces felony charges.
In such cases, the prosecutor must present evidence to a grand jury. The grand jury evaluates the evidence presented by the prosecutor to determine if there truly is enough evidence to secure a conviction or justify a felony indictment.
In both cases, information ranging from witness statements to medical records can contribute to the state's case against the person accused of domestic violence. Those hoping to fight domestic violence charges sometimes need support from the earliest stages of the process. The suppression of certain evidence, for example, could limit the likelihood of a grand jury returning an indictment in a domestic violence case.
Understanding the difference between misdemeanor accusations and felony indictments can be beneficial for those hoping to avoid a life-altering criminal conviction. The guidance and legal knowledge of a criminal defense attorney can prove invaluable for those accused of domestic violence, regardless of whether the state pursues a misdemeanor or felony charge.]]>On Behalf of Crosby Law<![CDATA[Are internet stings entrapment in Georgia?]]>https://www.crosbylawoffice.com/?p=501102026-01-02T19:32:04Z2026-01-05T13:00:33Zcivilians act as government agents for this purpose. In some cases, a person who is already facing charges may agree to cooperate with law enforcement on a sting operation (usually involving people they know) to get their own charges reduced or dropped.
What is entrapment under Georgia law?
Those who end up facing criminal charges as the result of one of these sting operations often believe that internet sting operations are a form of entrapment. They can be, if they’re not handled the way they’re supposed to be. It’s important to understand just what entrapment is and how it can be used as a defense.
Under Georgia law, “Entrapment exists where the idea and intention of the commission of the crime originated with a government officer or employee…and he, by undue persuasion, incitement, or deceitful means, induced the accused to commit the act which the accused would not have committed except for the conduct of such officer.”
What law enforcement can and cannot do
Officers and agents cannot coerce or otherwise convince someone to commit a crime they didn’t intend to commit. They can only provide the opportunity to commit a crime they already planned to so that they can catch them in the act.
Internet stings are set up very carefully. Officers often create false identities in chat rooms and other places online to lure people in. They can even suggest exchanging illicit images or meeting up in person. However, if they encounter someone who is reluctant, they can’t persist in talking them into something they aren’t sure about.
For example, maybe someone goes to a site expecting to find adults, but an officer is posing as a minor. If that person doesn’t want to engage in any activity with a minor, the officer can’t try to talk them into it.
Defining the line between appropriate police work and entrapment isn’t always easy. The original reason why someone got into the interaction and the entirety of that interaction need to be considered. That’s why anyone who believes they’re the victim of entrapment should get an experienced defense attorney as early as possible.]]>On Behalf of Crosby Law<![CDATA[What should I do if I face drug charges after a DUI stop?]]>https://www.crosbylawoffice.com/?p=501052026-05-14T19:25:45Z2026-01-01T05:18:24ZStep #1: Seek legal counsel
It likely goes without saying, but serious matters call for serious help. Getting arrested after a DUI stop and facing drug charges is serious. Delegating the issue to an experienced DUI attorneycan lead to invaluable guidance and representation. The right legal team will help you understand the charges, potential penalties, and the best course of action.
One of the first things your attorney will explain is how the DUI stop led to drug charges. DUI stops often involve field sobriety and other tests to gather evidence. While the officer is having the initial conversation with you during the stop they are scanning your vehicle. If they see illegal drug paraphernalia, they can argue that they have cause to search the vehicle. This is done in an attempt to gather evidence to support drug charges. Your attorney can also explain the difference in potential penalties, which is especially important if you face multiple criminal charges.
Step #2: Gather evidence and documentation
Your attorney will likely advise you to gather any evidence or documentation that could support your case. This might include:
A clear explanation of what led to the arrest
Police reports and any documentation from the arrest
Witness statements or contact information
Any relevant medical records or prescriptions
Having this information ready can help your attorney build a strong defense.
Step #3: Consider potential defenses
There are several defenses that might be applicable in a drug possession case. Your attorney will help determine which, or combination of which, apply to your situation. Common defenses can include an illegal search and seizure or a lack of knowledge. If the police did not have a valid reason to search your vehicle, any evidence obtained might be inadmissible. There are some circumstances where it is possible to argue that you were unaware of the presence of drugs in your vehicle. To build drug charges, Georgia law generally requires the prosecution to establish that the individual knew or should have known of the presence of the drugs. In some situations, such as if you were using someone else’s vehicle, lack of knowledge could be a viable defense strategy.
Each defense has specific legal requirements, so it is important to discuss these options with your attorney.
Step #4: Prepare for court proceedings
It is important to prepare if your case goes to court. Your attorney will guide you through the process, which may include:
Understanding courtroom procedures and etiquette
Preparing your testimony and any statements
Reviewing potential outcomes and plea options
Being well-prepared can impact the outcome of your case.
Facing drug possession charges from a DUI stop is a serious matter that requires immediate attention and action. By understanding the charges, seeking legal counsel, gathering evidence, considering potential defenses, and preparing for court, you can work towards a more favorable outcome.]]>On Behalf of Crosby Law<![CDATA[College buzzkill: Don’t let alcohol charges ruin your future]]>https://www.crosbylawoffice.com/?p=500672025-11-24T22:53:31Z2025-11-20T04:54:34ZCommon alcohol charges for minors
If you are under 21, the police can charge you with several misdemeanor crimes. The primary offense is minor in possession (MIP), which covers possessing, purchasing or even attempting to buy alcohol. Other potential serious crimes include:
Drunkenness in a public place, involving disorderly conduct or indecent behavior
Using a fake ID, which can be a felony if it involves distribution or a more serious underlying act
If you are driving, the law is even harsher. The threshold for an underage DUI is an extremely low .02 blood alcohol content (BAC) under Georgia’s zero tolerance law. Even a small amount of alcohol can result in a life-changing arrest.
The fine line between "fun" and “felony”
Many students think they are safe if they do not hold a beer, which is a dangerous mistake. Police can charge you with the concept of “constructive possession,” which means having the power and intent to exercise control.
Police can decide you had control over the alcohol even if it wasn't on your person. A friendly college party atmosphere instantly turns into a stressful criminal situation upon a police officer's arrival. The law cares only about compliance, not context.
Far-reaching, long-term consequences
Do not mistake an MIP for a simple ticket. Future employers or graduate schools can easily discover this record during background checks. Even a misdemeanor conviction may affect institutional or private scholarships. For example, specific felony drug offenses under the Georgia Drug-Free Postsecondary Education Act can jeopardize the Georgia HOPE scholarship.
Other potential consequences include:
Hurting future job prospects in competitive fields
Affecting student housing eligibility
For drivers, an MIP conviction or other specified alcohol-related offense for a person under 21 results in a mandatory driver’s license suspension of six months or more in Georgia. Losing your license can drastically impact your campus and work life.
Take the threat seriously
An underage alcohol citation is not a simple rite of passage; it’s a misdemeanor with the potential to shadow a student for years. Parents and students must treat these offenses as the serious threat they are to a young adult's future.
Successfully fighting charges in the Georgia court system and protecting a student’s record demands the insight of an experienced and skilled criminal defense lawyer. First-time offenders may be eligible for programs like the First Offender Act or conditional discharge, which can prevent a final conviction and allow for record restriction.]]>On Behalf of Crosby Law<![CDATA[30 days to save your license?]]>https://www.crosbylawoffice.com/?p=491072025-04-28T14:52:21Z2025-04-28T14:52:21ZBeing pulled over, arrested and charged with a DUI is overwhelming, to say the least. The stress and confusion of potential charges can make it hard to focus on what needs immediate attention.
One crucial detail often overlooked is the 30-day rule in Georgia. This rule gives you a small window to contest the suspension of your driver's license, and understanding it can make life a little easier.
The 30-day rule explained
After a DUI stop in Georgia, you have just 30 days to appeal the potential suspension of your driver's license. This short timeframe is crucial, and many people don't realize how quickly they need to act. Here's what you need to know:
You need to include specific information about your case in the request.
Missing this deadline could result in automatic license suspension.
The hearing is separate from your criminal case.
Acting fast is important because once you submit your request, you'll receive a temporary driving permit. This permit allows you to keep driving while you wait for your hearing.
What if I miss the deadline?
Failing to appeal within 30 days means your license will be suspended. This can create major problems and costly consequences. The potential fallout of losing your license, even temporarily, can mean:
Loss of independence: Without a driver's license, you'll need to rely on others for transportation, which can be frustrating and limiting.
Job loss: Many Georgians need to drive to work. Losing your license can mean losing your job.
Financial strain: Transportation costs can increase without a personal vehicle.
Limited opportunities: A suspended license can dramatically impact your ability to do things like transport your kids around or run errands on your own time.
Further legal trouble: Driving with a suspended license can lead to additional arrests and penalties.
Losing driving privileges can affect your livelihood and independence. Acting quickly can help you keep your license and maintain your routine.
Getting help to protect your rights
Dealing with a DUI charge is tough, but you don't have to do it alone. Working with an attorney who knows Georgia's DUI laws can help you navigate the process and protect your rights. They can make sure you don't miss important deadlines like the 30-day rule.]]>On Behalf of Crosby Law<![CDATA[Why is it illegal to share prescription medicine in Georgia?]]>https://www.crosbylawoffice.com/?p=490932026-05-14T19:26:20Z2025-02-25T19:46:49ZWhy sharing prescription medicine is illegal
As the name suggests, prescription drugs are medicines available to patients who’ve directly consulted with a healthcare provider about their symptoms. Sharing these drugs means giving them to someone who doesn’t have a valid prescription from a licensed healthcare provider.
One of the reasons sharing prescription drugs is illegal is because certain drugs may cause adverse side effects for people who did not consult with a doctor before taking them. Those who do not have prescriptions may also be at risk of misusing or abusing prescribed medication.
The Food and Drug Administration (FDA) acknowledges that even prescription medicine can be addictive, cause overdoses or cause serious health complications. Some prescription drugs that individuals may be inclined to abuse include opioids, benzodiazepines and stimulants. Even less potent medications can have harmful effects if taken incorrectly, taken by someone with an unknown medical condition or taken by someone who is self-medicating.
Sharing or selling prescription medication is considered an unauthorized distribution and is treated as a criminal offense.
Legal support to overcome charges
It is not uncommon for individuals to share prescription medication without knowing it is illegal. Individuals who get into legal trouble for this should know that they cannot use ignorance as a defense. Instead, they might want to enlist seasoned legal support to help them fight drug charges. Legal support can help individuals understand the charges against them, build a strong defense and work towards minimizing the consequences of their offense.
The right legal team can help scrutinize the search and seizure that led to drug charges. Additionally, a legal team can help demonstrate if there was no intention to sell the medication.
Many people who share prescription medicine do so with good intentions. However, the sharing of prescription medication is illegal in Georgia due to the risks it poses to public health and safety. The consequences of violating Georgia drug laws can be severe. For those who have been charged with sharing prescription medication, it may be possible to navigate the resulting legal process with proper legal support.]]>On Behalf of Crosby Law<![CDATA[Can I have my criminal record sealed in Georgia?]]>https://www.crosbylawoffice.com/?p=490832024-08-16T21:07:30Z2024-08-16T21:07:30ZRecords that can be sealed in Georgia
In Georgia, only certain criminal records qualify. Here's a list:
Arrests without prosecution: If arrested but not charged with a crime.
Dismissed charges: If authorities dropped your charges and did not file an indictment.
Non-conviction within five years: You cannot have a conviction for the same or a similar offense in the last five years.
No other criminal charges: You cannot have any other pending charges.
Not guilty verdicts: Acquittal after a jury trial.
Time-expired restrictions: For unprosecuted charges, including misdemeanors after two years, non-violent felonies after four years and violent or sexual felonies after seven years.
You must meet these conditions to qualify for the records restriction process, which can significantly improve your future opportunities.
How the process works
Sealing your record in Georgia involves several steps. You can contact the prosecuting attorney directly for arrests after July 1, 2013. They can approve the request, which is then filed with the court.
If your arrest was before this date, you must contact the Georgia Bureau of Investigation or your arresting agency. You'll complete a request form, which the arresting agency and the prosecutor must approve. A $25 fee is also required.
Once approved, your restriction information goes to the Georgia Crime Information Center (GCIC) database, which notifies you and the arresting agency. If the prosecutor can't submit the information, you must send the form and fee to the GCIC.
Navigating this process can be complex. Seeking help from an experienced criminal defense attorney can ensure you meet all requirements and deadlines. They can guide you through each step, enhancing your chances of success. With a restricted record, you can pursue new career, education and housing opportunities without a criminal history holding you back.]]>On Behalf of Crosby Law<![CDATA[How accurate are drug tests?]]>https://www.crosbylawoffice.com/?p=490792025-07-24T19:46:45Z2024-05-13T21:14:54ZDrug tests are standard law enforcement tools police use during roadside stops or as part of an investigation into drug offenses. However, it is crucial to understand that the drug testing process, often a cornerstone of the prosecution's case, is not infallible. Knowing your rights and the possibilities for challenging drug test results can make a substantial difference in the outcome of your case.
Understanding drug tests
Drug tests detect the presence of illicit substances in an individual's system. Methods involve testing urine, blood, saliva or hair samples. In Georgia, as in many states, police may conduct roadside drug tests or seek warrants for blood or urine samples for lab testing.
The imperfections of drug testing
Despite their widespread use, drug tests are not without their flaws. False positives can occur where legal substances or medical conditions trigger a positive result for illegal drugs. Human error can also skew results. Mishandling of samples or breaches in the testing protocol can cast doubt on the reliability of the results.
Reasons to challenge drug test results
Challenging drug test results is crucial for a few vital reasons:
Protect your rights: Everyone has the right to a fair trial and to challenge the evidence against them.
Preserve your future: A conviction stemming from drug tests can affect your job prospects, education opportunities and personal relationships.
Ensure accurate results: Ensuring the integrity of the testing process is fundamental to the justice system.
Challenging a drug test involves a careful review of the procedures used in the testing process and may require expert testimony to identify errors or procedural lapses.When faced with drug charges, the potential for flawed drug testing is a critical aspect of your defense. It's a reminder that the science behind these charges is not as cut-and-dried as it may seem. This is why legal counsel is so important—an attorney can scrutinize the evidence and build a defense that takes into account any problematic or improper testing.When dealing with drug charges, it is essential to understand that the testing methods used are not foolproof. Challenging these tests could be a pivotal part of your defense strategy and could potentially result in dropped or reduced criminal charges.]]>