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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
“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...
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...
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...
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...
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...
“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...
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.
As our country slowly moves towards decriminalizing marijuana, it is easy to fall into the trap of believing that the law currently does not take marijuana related charges seriously. In Georgia, marijuana is still very ...
Accusations and Indictments are both forms of charging documents, which are documents that lay out the final and formal charges that an individual is charged with. After an individual is arrested or receives a citation,...
