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...
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...
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...
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,...
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...
LifeLock. We have all seen the commercials, advertising their identify-theft protection services. “LifeLock looks for use of your personal information, and with proprietary technology, alerts you to a wide range of potential threats to your identity,” according to the company’s website. And, ...
Despite
public opinion these days, the job of law enforcement officers is to serve and
protect the communities which they police. Therefore, when crimes are committed
against people in the community, it is law enforcement’s duty to investigate
such crimes in a fair and unbiased manner. However, w...
Many states, including the state of Georgia, have amended their
burglary laws. Traditionally, burglary in Georgia was defined as the breaking
and entering into a dwelling at night with the intent to commit a felony
therein. Today—whether night or day—a person can be charged and convicted of
bur...
Desperate and
stressful financial times often lead people to make poor decisions that result
in them breaking the law. A common financial crime committed during such times
is deposit account fraud which, essentially, occurs when a person makes a
payment with a financial instrument such as a che...
When a person takes the life of another, the act is often described simply as “murder.” However, murder is a type of homicide crime along with manslaughter. And, manslaughter can be either involuntary or voluntary. I know, it can get confusing. That’s why if you have been accused or are ...
While on the campaign trail, Georgia’s newly elected governor, Brian Kemp, made a promise to crack down on gang activity. Back in April, Kemp told Marietta voters, “We have a gang problem in Georgia. It’s a crisis.” And, investigators from the statewide organization GGIA (Georgia Gang Inves...
Every now and then a news story
pops up on your timeline about a child being charged and prosecuted as an adult
in some state or another for a crime he or she allegedly committed.
For instance, I’m sure you’ve heard
about the recent “Slender Man” case, in which, two 13-year-old Wisconsi...
We often get the question, do I still need a lawyer even if I'm guilty? We are all capable of legal mishaps. Oftentimes, miscommunication, mistakes, or heated moments lead us from dispute to the possibility of charges. The most important aspect of any legal charge is your intent. Many cha...