Consequences for Armed Robbery
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Not only is Armed Robbery a serious offense in Georgia, but Georgia is known for its heavy-handed approach when it comes to sentencing for the crime. For example, until recently one Gwinnett County Judge held the record for longest prison sentence in Georgia history after convicting a gang of armed ...
Your nineteen-year-old son has always been a good kid. He’s never been in any serious trouble. Maybe a time or two, in high school, he was sent to detention for not paying attention in class. That’s because he was drawing in his favorite sketchbook. He’s an artist and you’ve always nurtured ...
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...
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...
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...
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...