NOLLE PROSEQUI IN GEORGIA: WHAT IS IT EXACTLY?
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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...
For most of us, when the “government” and “wiretapping” are mentioned in the same sentence, a couple of individual comes to mind—J. Edgar Hoover being one of them (Nixon, the other). We have all heard about “Hoover’s Secret Files” and numerous illegal microphones and wiretaps that H...
Remember your teenage and college days? The days when
you or your peers made downright stupid decisions and that—if caught—could have
landed you in handcuffs. I remember being in college and hanging out at the
local midnight diner. One night, a group of other college students were sitting
next ...
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...
There is no doubt that opening and closing arguments are important stages of a jury trial.
But, it is the process of voir dire that gives an attorney the opportunity to
pull the truth out about a juror’s beliefs and biases. In fact, the phrase
“voir dire” derives from a Middle French oath mea...
“It
is impossible to be sure of anything but death and taxes.”
We have all heard this saying before. In fact, it was
first said during the dawn of the 18th century and is now a common idiom
in our English language. Here at Bixon Law, we have discovered another truism
in life—people fight,...
If you were arrested and
made bail but failed to appear in court, you could be facing a bail jumping
charge for violating the conditions of your bail. But, maybe you simply just
missed your court date or maybe your absence from court was due to
circumstances beyond your control. If you are question...
The state of Georgia has
various gun licensing requirements. Such laws outline when a person needs a
license to carry a handgun, where a person can carry a handgun and the
penalties for violating Georgia’s gun laws. There are also certain types of
firearms that are prohibited in the state of Geor...
With the Christmas
holiday over, retailers are now processing thousands of returns. People are
returning unwanted appliances, too little sweaters, too big shoes and other
items for various reasons. Items are being returned online and also,
traditionally, by people standing in long lines at Walmart,...
You are facing a robbery conviction and you have questions.
First, you are wondering if you can be charged with robbery if you didn’t use a
weapon? Second, all you did was snatch the woman’s purse and ran. How can you
be charged with robbery without using any force or making any threats? Third,...
While many cases involving juveniles are handled by the Juvenile Court system, there are some that are transferred to Superior Court where a child under the age of 17 can be tried as an adult. If you visit the Georgia Department of Corrections website, you can view the profiles of juveniles (both m...