Georgia Law: Concealed Carry v. Open Carry
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Open carry is the right to carry a lawfully owned handgun into a public space and the handgun is visible to the public. Concealed carry is the right to carry a lawfully owned handgun into a public space, yet the handgun is not visible to members of the public.
Under Georgia law if one may l...
In Georgia, the offense of Child Molestation is governed by O.C.G.A. § 16-6-4. First, the person must have the intent to arouse or satisfy the sexual desires of either themselves or the child. The offender may be charged with Child Molestation when:
any immoral or indecent act is done to, in the...
Pass. Fail. Refuse. Field Sobriety Test and your Rights
Drivers are more than aware that driving under the influence is illegal. Drivers should use Uber or a Designated Driver when they plan to have a drink that would make them less safe behind the wheel. However, if one should find themsel...
If a party to a case believes a court’s judgment was made in error, an appeal may be filed to have the issue reviewed by another court. It is strongly encouraged for parties to obtain a lawyer to represent them in an appeal. There are complex rules and strict deadlines to observe in an appeal proc...
In Georgia, the offense of shoplifting is termed “Theft by Shoplifting,” which is outlined in O.C.G.A. § 16-8-14. Theft by Shoplifting occurs when a person, who acts alone or with another, with the intention of taking property without paying or depriving the owner of the property. The following...
A confidential informant, more commonly referred to as a snitch, is a great investigative tool for law enforcement. Confidential informants can be used in all types of investigations, but they are, however, more commonly used in drug offenses. For example, confidential informants are sometimes hired...
Identifying a criminal defendant is the first element a prosecuting attorney must prove beyond a reasonable doubt in any criminal case. This can be done through numerous ways. Some defendants are identified by eyewitness testimony and DNA evidence. Another common way to identify a ...
The Sixth Amendment to the United States proscribes numerous rights related to a defendant’s criminal trial; one of those, is the right to speedy trial. The right to a speedy trial ensures that a criminal defendant is brought to trial within a reasonable time after an arrest. The histo...
When the Apostle Paul, on trial for various crimes, appeared at his trial, Festus said to the King, “[I]t is not the manner of the Romans to deliver any man to die, before that he which is accused have the accusers face to face and have license to answer for himself concerning the crime laid again...
Some legal scholars refer to probation as a jail sentence that allows you to serve your time in the community so long as you follow the rules. While close, technically probation is a judicially imposed “criminal sentence that, subject to stated conditions, releases a convicted person into the co...
The first element of a criminal offense that a prosecuting attorney must prove, is the identification of the defendant. This identification can come about in a plethora of different ways. Physical evidence such as bodily fluids are generally preferred in the identification of a defendant....
Imagine being the owner of a three-level town house where you live on one level, renting out the other two. One day, the police arrive with a search warrant for one of your tenants. During the execution of the search warrant, police find marijuana, that you are not aware of, in what appea...
Having a criminal defense attorney is essential to, and a right for, any criminal defendant. But were exactly does this right come from? The Sixth Amendment of the United States Constitution provides that, “[I]n all criminal prosecutions, the accused shall enjoy the right to have Assis...
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....