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Tampering with Evidence

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tampering with evidence Generally speaking, you should not mess with anything that may be used in an investigation. Committing this offense can double the penalty of your original charges in many situations. Georgia’s definition of Tampering with Evidence is brief: O.C.G.A. § 16-10-94(a). Tampering with evidence: ...

Financial Transaction Card Theft in Georgia

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Financial Transaction Card Theft At Bixon Law, we understand the various stages of Transaction Card Theft. Our team will work with you to ensure that you are treated fairly and receive the best possible outcome for your case. With years of experience handling transaction card theft cases, our attorneys are well-versed in Georgia...

When Can You Exclude Relevant Evidence?

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evidence The Federal Rules of Evidence govern the admission of evidence in the federal court system. While each state has its own rules of evidence, they are similar—if not the same—as the federal rules. The first hurdle to get over in regards to the admissibility of evidence is determining its relevanc...

PRO SE DEFENDANTS: FARETTA & THE RIGHT TO SELF-REPRESENTATION

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faretta It's been said once, twice and many times over: "One who is his own lawyer has a fool for a client." However, no matter what the old adage says, every American citizen not only has the right to be represented by counsel, but also has the right to represent himself or herself in court. Otherwise, kn...

EXTRADITION IN GEORGIA

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fleeing and eluding You've spent four days in county jail for public intoxication. It's a minor, first-time offense for you. And, luckily, on your court date the prosecutor is in a good mood and agrees to time served and a fine. You'll still have to plead guilty and have a conviction on your record, but you're going h...

GCIC & NCIC: STATE AND NATIONAL CRIMINAL DATABASES

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gcic ncic We’ve all been pulled over by the police before—at least most of us. If you haven’t then you are a unicorn! Such a traffic stop usually involves an officer requesting to see your license and registration before heading back to his or her police cruiser with your information in hand. And, does...

WHAT HAPPENS WHEN THE WITNESS IN YOUR CASE IS A NO SHOW?

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witness To a prosecutor’s dismay, witnesses in a criminal trial don’t always cooperative. A prosecutor’s worst nightmare—besides losing a case—is when a witness for the prosecution takes the stand and surprisingly testifies in favor of the defendant. It just doesn’t happen in the movies! It doe...

NOLLE PROSEQUI IN GEORGIA: WHAT IS IT EXACTLY?

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NOLLE PROSEQUI 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...

HEARSAY: ADMISSIBILITY OF OUT OF COURT STATEMENTS

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Financial Transaction Card Theft 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...

ANIMAL CRUELTY: HARSHER PENALTIES MAY BE ON THE HORIZON

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behavioral incentive date 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...

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...

DOUBLE JEOPARDY: UNDERSTANDING WHEN PROSECUTION IS PROHIBITED

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DOUBLE JEOPARDY “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...

THEFT BY TAKING & THEFT BY DECEPTION IN GEORGIA

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THEFT BY TAKING 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...

Padilla v. Kentucky: Informing Non-Citizens of Criminal Conviction Consequences

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Padilla v. Kentucky 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...

Is Your Loved One Eligible for a Work-Release Program?

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Work-Release Program 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...

Specific & General Intent Crimes: What’s the Difference?

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intent crime 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...

Jackson-Denno Hearings

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jackson denno “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...

Electronic Surveillance: Wiretaps, Warrants & Defenses

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electronic surveillance 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...

Direct & Circumstantial Evidence: What’s The Difference?

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direct evidence 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...

Voir Dire in Georgia: The Most Important Stage of a Jury Trial

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voir dire 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...

About Attorney Michael Bixon

Michael Bixon is a life-long believer in making the best of any situation and looking forward to a bright future. He brings that same philosophy to his practice and focus in helping people facing insurmountable circumstances. For Michael, going out of his way for his clients, being available 24 hours a day, seven days a week, and ensuring they receive just representation is the only way to operate his practice.

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