Katherine A. Gonos, Attorney at LawKatherine A. Gonos, Attorney at Law2026-05-27T18:12:24Zhttps://www.gonoslaw.com/feed/atom/WordPress/wp-content/uploads/sites/1204339/2022/07/cropped-KAG-favicon-1-1-32x32.jpgOn Behalf of Katherine A. Gonos, Attorney at Law<![CDATA[Injuries aren’t necessary for Georgia assault charges]]>https://www.gonoslaw.com/?p=503982026-05-25T15:19:47Z2026-05-25T15:19:47ZNo contact is necessary for prosecution
Georgia's assault statute has a relatively broad definition that allows for prosecution in cases without injuries. In fact, physical contact isn't even necessary for simple assault charges.
If one person menaces or physically intimidates another but fails to follow through on that threat, their attempt to put another person in immediate fear for their physical safety could warrant assault charges. If another reasonable adult might feel threatened in the same situation, the state could justify assault charges.
Similarly, if there is an attempt to cause physical injury but other people intervene or the person accused of assault trips and never makes physical contact when trying to throw a punch, the state could still prosecute them for assault in that situation. Proving that the other person was the initial aggressor or that the situation wasn't nearly serious enough to represent a credible threat could be potential strategies for those accused of assault.
There are many tactics that can lead to less serious charges, dismissed charges or reduced penalties. Reviewing what led to an arrest with a Georgia defense attorney can help those accused of assault determine the best way to fight their charges.]]>On Behalf of Katherine A. Gonos, Attorney at Law<![CDATA[Can the police read your text messages?]]>https://www.gonoslaw.com/?p=503972026-05-12T02:18:26Z2026-05-12T02:18:26ZThe use of a search warrant
The police may ask for your consent to look at your phone or for you to unlock the device. They cannot force you to do so, but they want you to agree and do it voluntarily.
If you do not give consent, then they usually need to get a search warrant. If a judge authorizes this warrant, the police can legally order you to unlock the phone. This should give them access to the text messages on your device.
One key thing to remember is that they can sometimes serve a search warrant to the entity that is in control of those messages. For instance, there was a case where police wanted to read direct messages sent on Facebook. Rather than serving the warrant to the people involved, they served that warrant to Facebook, which turned over the records.
Legally obtained evidence
It is very important for the police to legally obtain evidence in a criminal case, and that evidence can be tossed out if they do not follow proper procedures. Consider this carefully while looking into your legal defense options after an arrest.]]>On Behalf of Katherine A. Gonos, Attorney at Law<![CDATA[Leaving the store isn’t necessary for a Georgia shoplifting charge]]>https://www.gonoslaw.com/?p=503952026-04-26T02:59:42Z2026-04-26T02:59:42ZWhat other actions may constitute shoplifting?
Those intending to shoplift may engage in certain behaviors in a store to help them leave without paying for items. Those could include deactivating or removing security devices, altering or replacing price tags or moving an item into another container to take it through the checkout without paying for it. Any intentional acts that prevent the customer from paying the full price for store merchandise could potentially constitute shoplifting.
If managers, security professionals or loss prevention specialists witness misconduct that violates Georgia statutes, they can detain the person involved and contact law enforcement. People may then face charges based on the value of the merchandise involved in the situation even though they may not have ever stolen anything directly from the business.
Getting experienced legal guidance can help those who have been charged with shoplifting respond effectively. The right defense strategy can result in reduced charges, lesser penalties or even a dismissal of the criminal charge.]]>On Behalf of Katherine A. Gonos, Attorney at Law<![CDATA[What happens during DUI field sobriety testing?]]>https://www.gonoslaw.com/?p=503942026-04-06T11:48:02Z2026-04-06T11:48:02ZOfficers administer standardized tests
Contrary to humorous depictions in popular media, police officers cannot make up their own tests and impose bizarre demands on drivers to screen them during traffic stops. Instead, they typically administer the three standardized field sobriety tests in a location where they can record.
Those three tests are the one-leg stand test, the walk-and-turn test and the horizontal gaze nystagmus test. The first two involve having the driver demonstrate balance and the ability to walk in a straight line.
The third test requires that a driver follow a moving object from side to side with their eyes while keeping their heads stationary. Officers watch for muscle spasms that can be indicative of intoxication. Drivers do generally have the right to decline field sobriety testing without risking immediate arrest or additional criminal charges.
Those who fail field sobriety tests can work with a lawyer to explain their test performance or exclude poor test results in some cases. Reviewing different options for a drunk driving defense strategy with a skilled legal team can help people avoid convictions that could otherwise affect their finances, freedom and reputations.]]>On Behalf of Katherine A. Gonos, Attorney at Law<![CDATA[How strict newer laws are affecting fentanyl charges]]>https://www.gonoslaw.com/?p=503922026-03-21T01:12:08Z2026-03-21T01:12:08ZWhat is the new prosecution threshold?
Possessing any amount of illegal fentanyl is a crime. However, once the amount of fentanyl in a person's possession reaches four grams, they are at risk of a trafficking charge. Four grams is a relatively small amount, but the strength of fentanyl means that four grams of the drug is enough to cause many overdose fatalities.
The law also does not differentiate between pure fentanyl and other drugs contaminated with fentanyl. In some cases, people may have received other drugs and are unaware of the presence of fentanyl in the substances that they possess. Even moderate quantities of other drugs with fentanyl added as an adulterant can also lead to felony charges.
Anyone accused of a serious drug crime needs the support of a criminal defense attorney. Reviewing the circumstances of an arrest, including the amount of the substance allegedly found, with a skilled legal team can help people assess the risk that they face and evaluate options for fighting their charges as successfully as possible.]]>On Behalf of Katherine A. Gonos, Attorney at Law<![CDATA[How the exclusionary rule can affect criminal defense strategies]]>https://www.gonoslaw.com/?p=503902026-03-13T11:36:28Z2026-03-13T11:36:28ZWhat is the exclusionary rule?
Explicit protections outlined in Constitutional amendments and established by court rulings help protect criminal defendants from abuse by the state. The exclusionary rule is a criminal court standard related to police misconduct.
Specifically, if police officers break the law or violate a person's rights during questioning or a search, it is possible to suppress or exclude evidence from the criminal proceedings. The Fourth Amendment protects people from unreasonable searches and property seizures, and the exclusionary rule is one means of asserting that right.
If police officers conduct an inappropriate traffic stop based on racial profiling and then find evidence of alcohol impairment, the exclusionary rule might allow for the suppression of any evidence gathered during that inappropriate traffic stop. The exclusionary rule can also apply to statements and confessions made after a Miranda violation.
Evidence suppression using the exclusionary rule can be a viable tactic in a variety of circumstances. The ability to suppress evidence can have a powerful impact on a criminal case. Reviewing police officer conduct with a criminal defense lawyer can help defendants explore their options.]]>On Behalf of Katherine A. Gonos, Attorney at Law<![CDATA[Are injuries necessary for assault charges?]]>https://www.gonoslaw.com/?p=503832026-02-27T15:24:39Z2026-02-27T15:24:39ZThe definition of assault is broad
Physical fights and acts of interpersonal violence can lead to assault charges. So can attempts to intimidate and threaten another person. Verbal threats and menacing body language can potentially constitute assault.
If one person rushes at another with their arm pulled back as though they intend to punch that person, that could be adequate justification for an assault charge. Other reasonable adults might fear for their physical safety in that situation, which means it meets the definition of assault.
People can fight assault charges even though the definition of an assault offense is relatively broad. The strategies that may work depend in part on an individual's prior record, the nature of the accusations and the relationship that they have with the other party.
Reviewing the state's case with a skilled legal team can be beneficial for those hoping to avoid an assault conviction after an interaction turned aggressive or negative. A criminal defense attorney can help those accused of assault mount a credible defense based on the reality of their situation and Georgia state statutes.]]>On Behalf of Katherine A. Gonos, Attorney at Law<![CDATA[3 times theft allegations may lead to felony charges]]>https://www.gonoslaw.com/?p=503812026-02-10T11:11:12Z2026-02-10T11:11:12Z1. The use of a weapon
If a person has a weapon in their possession or brandishes a weapon while stealing from another person or a business, that turns the situation into an armed robbery. An armed robbery is a violent or forcible felony, which is one of the most serious categories of crimes prosecuted in Georgia.
2. Stealing specific types of property
Theft laws also include provisions allowing for the upgrade of charges in cases where people take certain types of property. Specifically, the theft of a motor vehicle or a firearm is usually a felony, regardless of the circumstances or the value of the property.
3. The theft of valuable property
The total value of the items taken also has an impact on the theft charges brought. Once the value of assets reaches $1,500, the state may be able to pursue felony theft charges.
Anyone accused of a theft offense may need legal guidance, but those accused of a felony theft crime may particularly need support to mitigate the severity of the charges that they’re facing. Exploring a case with a criminal defense attorney can help those accused of a theft or property crime work to avoid a life-altering felony conviction.]]>On Behalf of Katherine A. Gonos, Attorney at Law<![CDATA[DUI Myths: Coffee helps avoid arrest]]>https://www.gonoslaw.com/?p=503802026-01-28T12:16:11Z2026-01-28T12:16:11ZIn some cases, a driver who is arrested on DUI charges in Georgia will submit to a breath test that shows they are over the legal limit. Their BAC is higher than 0.08%.
But that driver may feel surprised and confused about this result. They may claim that they do not actually feel impaired at all. In some instances, they will have taken active steps to try to overcome their impairment. One tactic that people sometimes use is drinking a cup of coffee, believing that this can sober them up after they have been drinking alcohol.But as the results of the breath test show, they may still be over the BAC limit. So what is actually happening in this situation?
The coffee simply wakes them up
It is a myth that coffee can help reduce your blood alcohol concentration. The only thing that does that is time. Drinking a cup of coffee is not going to take you from having an elevated BAC to having one that is suddenly below the legal limit.What is actually happening to these drivers is that the alcohol they consumed often makes them feel fatigued and sluggish. When they drink coffee, they give their body a jolt of caffeine, and this wakes them up. They suddenly feel alert, and they no longer feel impaired.But that still does not mean that their BAC has changed at all, so they are still in violation of drunk driving statutes in the state of Georgia.
Legal defense options
It is important to understand how some of these myths work to avoid mistakes that could lead to an arrest. If you do find yourself facing charges, then you also need to know what legal defense options you have.]]>On Behalf of Katherine A. Gonos, Attorney at Law<![CDATA[What is Georgia’s 911 Medical Amnesty Law?]]>https://www.gonoslaw.com/?p=503782026-01-21T16:03:58Z2026-01-21T16:03:58ZGeorgia, like other states, has a law that allows people to avoid being charged with a relatively small amount of illegal drugs if their offense is discovered solely because they sought emergency help for a person who appeared to be suffering an overdose. This is called the 911 Medical Amnesty Law.
Every state’s law is different, and some offer broader immunity than others. The goal of all of them is to minimize the number of fatal overdoses that could be prevented if someone with the victim wasn’t afraid that if they called 911 or otherwise sought medical assistance, they wouldn’t end up in jail. Let’s take a brief look at Georgia’s law.The law gives people immunity from arrest, charge and prosecution for crimes related to possession of illegal drugs and drug paraphernalia for personal use as well as certain alcohol-related crimes. It also provides immunity for legal consequences for violating the conditions of parole, probation or pretrial release, if applicable.
What is required to qualify for immunity under this law?
To receive this immunity, a person who seeks emergency help must do so in “good faith,” remain at the scene and cooperate with first responders (including police). “Good faith” means can’t just be getting assistance to avoid imminent arrest when police are already on the scene, but to genuinely help someone.The person who appears to be overdosing also gets this immunity. That means someone doesn’t have to fear that if they get help for someone, that person will end up facing drug charges related to their overdose. A person who believes they are overdosing and calls 911 or otherwise seeks emergency help for themselves is also covered by the law.Like all laws, the 911 Medical Amnesty Law doesn’t always work as it should in real life. It’s possible that police may not be fully aware of the circumstances and arrest everyone they find with drugs. When that happens, it’s important to get legal guidance as soon as possible to protect your rights.]]>