- Divorce
- Child SupportA person cannot obtain the Ignition Interlock Device Limited Permit if they are under the age of 21; have a DUI conviction on their record with the past 5 years as measured from the date of arrest; are not currently licensed to operate a motor vehicle in the State of Georgia or hold a commercial driver’s license (available with temporary downgrade of CDL to non-commercial privileges). The IIDLP is subject to an administrative license suspension for involvement in a traffic accident resulting in injuries or fatalities even before conviction. The IID driver need not have alcohol or drugs involved either. Further, the IIDLP is subject to suspension, revocation, or cancellation for any loss of driving privileges “action” as contemplated in O.C.G.A. Section 40-5-64.1 (e.g., nonpayment of child support).
- Child Custody and Visitation
- Criminal DefenseThe Law Offices of Jeffery C. Talley practice many areas of criminal law. Please continue reading below to learn more about us and the services we offer.
- DUI/DWI
- Traffic ViolationsResult: Attorney was able to create an issue of whether there was probable cause for the driving under the influence arrest. As a result, the prosecution agreed to reduce the charge to reckless driving wherein the client received terms and conditions of probation. Since the client was able to pay the fine in full and had completed all conditions of probation prior to the court date, her probation was reduced to non-reporting for six (6) months.
- Sex CrimesChild molestation charges create a sensitive, traumatic situation for everyone involved. It is also common for suspects in these cases to be falsely accused.
- RobberyUnder Georgia law, ROBBERY occurs when a person with the intent to commit theft, takes the property of another or in the immediate presence of another by use of force, sudden snatching, intimidation, use of threat or coercion, or by placing a person in fear of immediate serious bodily injury to himself or another person.
- BurglaryThe crime of BURGLARY generally occurs when a person enters or remains within a building or structure without authority and with the intent of committing a felony or theft thereon. It is important to note that forced entry is not an element of burglary.
- White Collar Crimes
- Theft
- MisdemeanorsJeffery C. Talley has been practicing law since 1991. His practice has been established in the Gainesville, Georgia area although he travels throughout the Northeast Georgia to handle misdemeanor and felony criminal cases. His practice covers cases falling in the jurisdictions of the Superior Courts, State Courts, Probate Courts, as well as Municipal Courts. He handles charges that include...
- Drug CrimesDrug cases are more common than you think and there are several variations in charges and drug related laws depending on the amount and type of drug in your possession.
- AssaultAGGRAVATED ASSAULT is another serious crime in Georgia. An individual commits this crime when he assaults another with the intention of murdering, raping, or robbing. An aggravated assault can also be committed when a person assaults another with a lethal weapon or device likely to cause serious injury to the body, or that actually does cause such an injury. A third way to commit an aggravated assault is when a person discharges a firearm towards another from a vehicle without legal justification. A conviction of this crime carries a sentence of between 1 and 20 years. If the assault is committed upon an officer, the minimum sentence is increased to 5 years. If the alleged victim is 65 or older, the sentence is a minimum of 3 years.
- MurderMurder is the most serious criminal offense you can be accused of. While the victim always deserves adequate justice, it’s equally important for the suspect to be charged only if they truly committed the crime.
- Probation ViolationRecords of the sensor results are printed out at 30, 60 or 90-day intervals typically, to be reviewed by authorities. During a DUI arrest, you are only at fault if your blood alcohol content was at or above the legal limit,.08. However, after a conviction and the installation of an IID, if the breathalyzer registers any amount of alcohol, meaning any amount, meaning any amount above 0.00, this will be considered a failure – the vehicle will not start, alarms may sound if the vehicle is already in motion, and the interlock provider will forward the result to the driver’s probation officer. DUI probationers are prohibited from consuming ANY alcohol whatsoever, so if the device registers the smallest amount – even those too small to cause impairment, this is considered a probation violation. There is a strong chance that additional sanctions will be imposed on the driver if the device registers a failure. It is critical to remember the probation officer has access to all recorded activity on the device and interlocked vehicle’s electrical system. The officer may file to revoke all or part of the individual’s probation. In some cases, a warrant may be issued for the probationer and they would be held in custody, pending a hearing. A person may wait up to 30 days in jail in certain Georgia counties. Bail is rare in cases involving probation violations. Given the consequences, it is simply not worth it to consume alcohol if you are on probation. The risk is great and the punishment potentially severe.
- Identity Theft
- HomicideIf the person refuses to take the requested chemical test, the refusal to submit can be used as evidence in the criminal case. Georgia law further states that any person who is dead or unconscious, or otherwise in a condition making the person incapable of refusing has not withdrawn his or consent and the test may still be administered. This is the same in Georgia Vehicular Homicide Law, and Georgia Serious Injury by Vehicle Law.
- ShopliftingPretrial Diversion Programs, commonly referred to as conditional discharges, are excellent programs that allow a defendant charged with an offense to have their case dismissed. The dismissal must be earned and usually involves attending counseling, payment of a fine, completion of community service, and sometimes a period of probation. Usually these programs are for people charged with minor traffic offenses, shoplifting, possession of marijuana, and underage possession of alcohol.
- Forgery
- KidnappingKIDNAPPING is defined as abducting any person without lawful authority and holding such person against his or her will. Kidnapping differs from false imprisonment in that kidnapping requires an additional element of transportation or movement of the alleged victim. Kidnapping carries with it a 10 to 20-year sentence for victims 14 years and older. For a victim of less than 14, a defendant can receive 25 years to life. If bodily injury occurs during a kidnapping, the penalty is life imprisonment. The crime of false imprisonment carries with it a sentence of 1 to 10 years.
- ManslaughterMurder is reduced to a charge of VOLUNTARY MANSLAUGHTER when the defendant’s actions are due to a passion that is impulsive, aggressive, and irresistible stemming from a grave provocation that would create the same passion in a reasonable person. Generally, there cannot be an opportunity for the defendant to have calmed down between the provocation and the killing. A conviction carries up to 20 years in prison.
- ProstitutionResult: Attorney was able to get the client into the Pretrial Diversion Program. Client completed various terms and conditions. Thereafter, the State dismissed all charges.
- Hit and RunEvery driver under the age of 21 should consult with a Georgia Traffic Ticket attorney on any traffic citation they receive due to potential automatic license suspensions. In particular, the driver’s license of any person under 21 years of age convicted of hit and run or leaving the scene of an accident in violation of Code Section 40-6-270, racing on highways or streets, using motor vehicle in fleeing or attempting to elude an officer, reckless driving, any offense for which four or more are assessable under subsection (c) of Code Section 40-5-57, or a violation of Code Section 40-6-391 for driving under the influence shall be suspended by operation of law.
- Auto Accidents
- Probate