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WHAT IS THE PURPOSE OF A PRELIMINARY HEARING?

There are many stages of a case—the first being that of a preliminary hearing. The purpose of a preliminary hearing is to determine whether there is sufficient probable cause to believe the defendant committed the crime(s) in the alleged warrant issued against him or her. The "... purpose of a co...

KIDNAPPING: A SERIOUS FELONY IN GEORGIA

Once upon a time, there used to be a huge cork board hanging in the entrance of most Walmart stores. I remember seeing them as a child. The boards were not filled with advertisements for movers, garage sales or photos of lost pets. The board was filled with photos of missing children. It was a frig...

UPSKIRT PHOTOS ARE FELONIES IN GEORGIA

According to the AJC, an Acworth man was recently arrested for taking an upskirt photo of a woman as she shopped at a Publix supermarket. The woman reportedly told officers that she noticed a "suspicious male taking a photograph with his phone, from underneath her dress." She then contacted store m...

SLIDER CRIMES: A NEW TYPE OF THEFT CRIME IN GEORGIA

There has been a recent rash of crimes near Georgia Tech's campus lately. Earlier this month, a woman pumping gas at the Shell gas station off of 14th Street and Northside Drive was robbed at gunpoint by four men whom are still at large. It was 6:30 p.m., still daylight outside when a Maroon Kia Op...

RETROACTIVE FIRST OFFENDER IN GEORGIA

Were you convicted of a felony but later found out that you were entitled to plead guilty or nolo contendere under Georgia's First Offender Act? Maybe you were not informed by your attorney of the availability of the First Offender Act program. Or, unfortunately, you may not have even had represent...

When Can You Exclude Relevant Evidence?

The Federal Rules of Evidence govern the admission of evidence in the federal court system. While each state has its own rules of evidence, they are similar—if not the same—as the federal rules. The first hurdle to get over in regards to the admissibility of evidence is determining its relevanc...


EXTRADITION IN GEORGIA

You've spent four days in county jail for public intoxication. It's a minor, first-time offense for you. And, luckily, on your court date the prosecutor is in a good mood and agrees to time served and a fine. You'll still have to plead guilty and have a conviction on your record, but you're going h...

GCIC & NCIC: STATE AND NATIONAL CRIMINAL DATABASES

We’ve all been pulled over by the police before—at least most of us. If you haven’t then you are a unicorn! Such a traffic stop usually involves an officer requesting to see your license and registration before heading back to his or her police cruiser with your information in hand. And, does...

WHAT HAPPENS WHEN THE WITNESS IN YOUR CASE IS A NO SHOW?

To a prosecutor’s dismay, witnesses in a criminal trial don’t always cooperative. A prosecutor’s worst nightmare—besides losing a case—is when a witness for the prosecution takes the stand and surprisingly testifies in favor of the defendant. It just doesn’t happen in the movies! It doe...

NOLLE PROSEQUI IN GEORGIA: WHAT IS IT EXACTLY?

A friend of a friend once told you that he had faced criminal charges and jail time but that the prosecutor nol prossed his case. He’s free, having fun and living his best life! Now, due to an unfortunate family fight, you’ve been arrested and charged with simple assault against a family member...

HEARSAY: ADMISSIBILITY OF OUT OF COURT STATEMENTS

In the words of trial advocacy experts, Peter Murphy and D. Barnard, “the rule against hearsay ranks as one of the law’s most celebrated nightmares.” And, it’s true! Even for seasoned attorneys, mastering the rule against hearsay and all of its’ exceptions is a difficult task. However, we...

ANIMAL CRUELTY: HARSHER PENALTIES MAY BE ON THE HORIZON

Many Americans equally love their pets as they do their human children and animal abuse in their eyes is detestable and downright unforgiveable. Currently, in the state of Georgia, animal cruelty is a misdemeanor and the penalty could be a fine up to $1,000.00, up to one year in jail or both. Any G...



THEFT BY TAKING & THEFT BY DECEPTION IN GEORGIA

There are several different kinds of theft offenses under Georgia law and each has different elements that need to be proven by the State’s Attorney to get a conviction. Such offenses include: theft by shoplifting, theft of services, theft by conversion, theft by extortion and theft of lost or mi...


Is Your Loved One Eligible for a Work-Release Program?

Do you have a loved one who is incarcerated in Georgia? Is their jail sentence nearing an end? Are they being considered for parole? Maybe they have six months or so left to serve. If so, your loved one may be eligible for a work-release program, which is different than a prison work program. A wor...


Jackson-Denno Hearings

“A defendant has a constitutional right to a fair hearing and reliable determination of the voluntariness of a confession, not influenced by its truth or falsity.” Jackson v. Denno, 378 U. S. 376-377 (1964). FACTS OF THE CASE In June of 1960, Nathan Jackson and Nora Elliot entered a Bro...

About Attorney Michael Bixon

Michael Bixon is a life-long believer in making the best of any situation and looking forward to a bright future. He brings that same philosophy to his practice and focus in helping people facing insurmountable circumstances. For Michael, going out of his way for his clients, being available 24 hours a day, seven days a week, and ensuring they receive just representation is the only way to operate his practice.

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