Have you Been Charged with Failure to File Documentation Regarding an Abortion?
Submitting reports is a routine part of hundreds of professions. While not all of the punishments include criminal charges, failing to file documents regarding an abortion will be a crime in Georgia. If you or a loved one has been charged with failing to file a written report regarding an abortion, all hope is not lost. Contact our offices because you always have options. Our Georgia Failure to File Attorneys are here for you 24 hours a day, 7 days a week.
Georgia Law on Failing to File Written Reports Regarding an Abortion
There are multiple written reports that are required to be filed when dealing with an abortion.
Georgia statute O.C.G.A. §16-12-143 states a person will be convicted if they:
Fail to file or maintain in complete form any of the written reports required within the time set forth”
What Reports are Included?
O.C.G.A. §16-12-141.1 outlines the reports that are supposed to be filed. Some examples include:
- Hospitals must report the manner in which they dispose of an aborted fetus annually by December 31.
- Physicians must include the number of females who were provided notices that continued to obtain the abortion.
- Physicians must report the number of abortions they performed on a minor after judicial authorization.
Penalty for Failing to File Written Reports Regarding an Abortion in Georgia
A conviction for violating O.C.G.A. §16-12-143 will be considered a misdemeanor. In Georgia, misdemeanors carry punishments of up to one year in jail, up to $1,000 in fines, or both.
The information was submitted correctly and on time: Mistakes happen and if you have evidence demonstrating that you complied with the statute, the judge will likely dismiss the charges.
It was maintained correctly: The statute criminalizes failing to file or failing to keep an updated record. If your information was kept up to date and compiled with the statute, then no crime has occurred.
If one of those defenses does not apply to your case, do not worry. This is not an all inclusive list. Every case is different so it is best to contact a failure to file attorney in Georgia to discover what defenses apply to your case.
What are Not Defenses
It was a mistake: Failure to file or maintain reports is a strict liability crime. Therefore, it is immaterial whether or not the failure was an accident or intentional. Either way a crime has occurred.
No matter what crime you have been charged with, never just plead guilty. There are always arguments an experienced Georgia Failure to File Lawyer can make on your behalf. Call now for a free case evaluation.