What Is Prosecutorial Discretion
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In our system of jurisprudence, there are always at least two parties who are adverse to each other. In criminal law, the adverse parties are generally the State and the defendant. Prosecuting attorneys are attorneys who represent the State (some scholars argue that prosecutors represent...
In our criminal justice system, prior to trial, an individual must be formally charged of committing an offense(s). After a formal accusation, usually in the form of an indictment or an accusation, an accused is required to respond. This formal response to a criminal charge is called a p...
What is Voir dire?
Criminal defendants are guaranteed the right to have their case heard by an impartial jury as stated in the United States Constitution and the Constitution of the State of Georgia. Under Georgia’s constitution, the role of judge of the law and the facts is allocated to th...
Pre-trial Motions
Pre-trial motions are used by parties to set the boundaries of trial. In Georgia, pre-trial motions are governed by O.C.G.A. §§ 9-11-12 and 17-7-110, respectively. Pre-trial motions also provide criminal defendants with the opportunity to hear legally admissible evid...
Around 98% of criminal cases get resolved in a guilty plea rather than a trial. This is because trials are risky, and often times, the state will negotiate a plea that is in your favor, resulting in no jail time and sometimes even no criminal charges. Pleas can be a life saver for a defendant. Howev...
Many clients call us wanting to know the different options they have when facing criminal charges. In this article, we will explain most of the common outcomes in a criminal case here in Georgia.
What happens if the charges are dropped?
Being charged with a crime doesn't always mean your cas...
Far too often we receive calls from clients facing traffic charges. In most cases the client doesn’t understand whether her traffic violation is a criminal charge or not. In this article, we will give you the run-down on what a traffic violation is and how it can impact your criminal record....
I often tell my clients that your criminal history is your resume. If you are constantly getting in trouble with the law, your criminal record will follow you like a shadow. Even crimes that happened 10 years ago will still haunt you today. This is especially true with the enactment of the Georgia R...
When you get accused of a crime, the state is legally obligated to bring the charges against you within the specified Statute of Limitations (SOL). SOL is a law which forbids the state from charging someone after a number of specified years have passed. Most crimes have a SOL while other crimes...
What is a Pre-Trial Diversion program?
Getting arrested is scary, especially getting arrested for something petty. Don’t panic too much, there are programs for certain defendants that can completely expunge that particular arrest off your record. These programs are called Pre-Trial Diversion or ...
What is a lesser included offense?
A lesser included offense can be a defendant’s best friend, or worst enemy. A lesser included offense is a lesser offense than the original offense charged. Lesser offenses usually have a lesser sentence than the original offense. In Georgia, there are two types...
In the wake of the recent tragedies that have taken place over America by the use of guns, and all the animosity that gun laws have created, why not dedicate this article to Georgia Gun Laws titled "Georgia Firearms and Weapons Act." This article will discuss what a firearm is, who can carry a firea...
My property got taken by Police and I want to get it back, NOW!
Asset forfeiture allows the government to legally take your illegal assets once you have been convicted (and sometimes not even convicted) of a crime; i.e. take your money from you and spend it themselves. Asset forfeiture can oc...
Summary of Olevik V. State:
Olevik v. State, S17A0738 (10/16/17), is a Supreme Court of Georgia case that changed the way DUI are investigated. In Olevik, appellant was convicted of DUI, failure to maintain lane and no brake lights. He contended that the trial court erred in denying his mot...
Can the Police search me without a Warrant?
The Fourth Amendment provides the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. The Constitution of the United States as well as the Georgia Constitution forbids not all searches...
What is the Doctrine of Merger?
The doctrine of merger applies in a criminal setting where the defendant committed two or more crimes in a single act, but is only charged with one crime. Essentially, the multiple instances are "merged" by a judge, or combined into a single charge. According to the ...
I’ve been charged with disorderly conduct, what shall I do?
In Georgia, prosecutors use disorderly conduct charges for a wide variety of conduct. Most city law, as well as the state law provide for disorderly conduct as a criminal offense. Depending on whether the charge is under the city or stat...
With car sharing apps like Uber and Lyft, why are people still getting caught driving under the influence? It literally makes no sense. However, because drunk driving is still trending around Georgia we will dedicate an article to DUI’s in Georgia, new case law that has changed the shape of DUI’...