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What is the Difference Between a Riot and a Protest in Georgia?

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riot What may have once seemed an obvious distinction, a peaceful protest from a riot, is now clouded by the times. A protest is generally considered to be citizens voicing their opinion about something they disagree with in hopes of being heard, considered seriously, and ultimately inciting chan...

The Legality of Masks in Georgia

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georgia mask law In the wake of the novel Coronavirus of 2020, masks and discussions surrounding them have become an ever-present part of daily life. Their newfound significance to our society has pushed America to redefine the place of masks in our legal system. On April 13th, 2020, Georgia governor Brian Kemp...

THE 3 TYPES OF BATTERY IN GEORGIA

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battery Many people might assume battery is just a physical altercation where somebody gets beat up. Common examples that come to mind may include a bar fight, domestic violence, or a fight at a sporting event. In the eyes of the law, however, the definition of battery is much broader and has multiple ...

Addiction and Mental Health Resources

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drug resources The criminal justice system can be both harsh and lenient, depending on the particular situation. Showing that someone is attempting to better themselves and change things about themselves so that they will not offend again can go a long way towards garnering the goodwill of the court. This is espe...

WHAT’S THE DIFFERENCE BETWEEN AGGRAVATED SEXUAL BATTERY & SEXUAL BATTERY IN GEORGIA?

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marijuana Have you been charged with aggravated sexual battery? And, if so, are you having trouble understanding the difference between sexual battery vs. aggravated sexual battery? Or, why a sexual battery charge might be elevated to an aggravated sexual battery charge? Well, we are here to help you und...

A CRIME OF OPPORTUNITY: CASH STORM ON I-285

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theft by taking If you didn’t hear about the cash storm on I-285 back in July, I am going to guess you’ve been living under the proverbial rock. It was literally raining money! Dozens of Atlanta drivers pulled over on the highway to catch the flying cash after a door swung open on an armored truck, spilling cl...

So What’s Evidence?

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evidence Whether it was the popular podcast Serial or Netflix's Making a Murderer, the interest in the true crime genre has exploded and won't be letting up anytime soon. We continue to be obsessed and entertained with crime, the criminals who commit it and their journey through the criminal ...

WHAT IS A PRELIMINARY HEARING?

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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...

SLIDER CRIMES: A NEW TYPE OF THEFT CRIME IN GEORGIA

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slider crimes 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...

When Can You Exclude Relevant Evidence?

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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...

PRO SE DEFENDANTS: FARETTA & THE RIGHT TO SELF-REPRESENTATION

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faretta It's been said once, twice and many times over: "One who is his own lawyer has a fool for a client." However, no matter what the old adage says, every American citizen not only has the right to be represented by counsel, but also has the right to represent himself or herself in court. Otherwise, kn...

GCIC & NCIC: STATE AND NATIONAL CRIMINAL DATABASES

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gcic ncic 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?

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witness 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...

WHO DETERMINES THE SENTENCE?

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A criminal trial can be broken down into six to seven major categories, depending on the outcome—an acquittal (a not guilty verdict) and conviction (a guilty verdict). The categories are: (1) jury selection; (2) opening statements; (3) presentation of case/evidence; (4) closing statements; (5) ju...

DOUBLE JEOPARDY: UNDERSTANDING WHEN PROSECUTION IS PROHIBITED

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DOUBLE JEOPARDY “I plead the fifth.” Whether in real-life legal proceedings or a Hollywood blockbuster, we have all heard those four little words. Most people are fully aware of their right not to incriminate themselves in a criminal trial. It’s a protection guaranteed to us under the Fifth Amendment of t...

Padilla v. Kentucky: Informing Non-Citizens of Criminal Conviction Consequences

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Padilla v. Kentucky Immigration does not drive crime. Studies have shown that there is no correlation between immigrants and increased crime. In fact, studies have shown that crime has decreased as the nation’s immigration population has increased throughout the years. Despite such data, many immigrants do move thro...

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

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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...

Specific & General Intent Crimes: What’s the Difference?

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intent crime There are different types of crimes such as felonies and misdemeanors. And, there are different classification of crimes such as: specific intent crimes, general intent crimes, malicious crimes and strict liability crimes. Malicious crimes include crimes such as arson and common law murder. Regulat...

Jackson-Denno Hearings

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jackson denno “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...

Direct & Circumstantial Evidence: What’s The Difference?

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direct evidence Generally, there are two types of evidence presented during a trial—direct evidence and circumstantial evidence. Under the Rules of Evidence, there is no legal distinction between the two. In the movies and in real life, we have often heard defense attorneys attack their opponent’s case by argu...

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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