Everyone, in general terms, has an idea of what probation is—a mechanism within the criminal justice system that allows a person convicted of a crime to avoid jail time or a prison sentence. Which includes convictions for misdemeanor and felony offenses. No one wants to spend time behind bars and...
Years ago, a good friend
of mine moved to New York. Within her first week there she experienced an
unfortunate incident. She’d left her car in storage down South and had resigned
herself to riding public transportation for her time there. She was thrilled to
be in the “big” city and to experi...
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...
Going through a divorce can be tough for all
parties and things can get right down nasty—especially when minor children are
involved. One parent may want full custody and the other joint custody.
Deciding who gets the kids on what holiday or how many weeks during the summer
can all be contentious...
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...
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 ...
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...
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.
If you find something cool on the ground and take it home with you, is it technically stealing and a crime? Short answer: Yes. The statute around Theft of Lost or Mislaid Property basically says that if you find some...
When you hear “cruelty to children” in the same sentence, you may have immediate mental images of horror movie style physical abuse. When you look at the words individually, it may sound more like saying harsh thing...
Few states are as strict with laws surrounding drugs as Georgia. In Georgia, penalties are severe and range dependent on A) the nature of the offense (possession of drugs, intent to distribute or sell drugs, or traffick...
