Wosnik Law Blog
Georgia DUI Case Basics
DUIs are some of the most common yet devastating criminal charges in Georgia. Not only can you face jail time and probation when convicted of a DUI, your license can quite easily be suspended for one year just for refusing state administered testing. As such, whether this is your first DUI or one of many, […]
Do I Need an Expert Witness in a Georgia Criminal Case?
Many readers may be wondering when it might be useful or necessary to employ an expert witness in a criminal case. For some cases, expert testimony may not be helpful — as, for example, in a simple drug possession case where the drug test is not in question, or in simple battery or assault case. […]
Must a Wife or Husband Testify Against Their Spouse in a Georgia Criminal Case?
A question I get often in Georgia criminal cases is whether one spouse must testify against another at trial or a hearing. The simple answer is that there is a spousal immunity privilege for partners who are legally married in Georgia, but that this privilege does not apply in all cases. Put another way, you […]
Understanding Restitution in Georgia Criminal Cases
Restitution is money a criminal defendant may have to pay as part of a guilty plea or conviction. The amount is based on how much the victim lost as the result of a crimes. For example, if a defendant stole a tv or caused damage to property, he may be ordered to pay for the […]
What is the Child Abuse Registry?
In the last couple of years, many individuals charged with crimes in Georgia have gotten a notice in the mail stating that they have been put on the “Child Abuse Registry.” This notice usually comes after an arrest or investigation, but often comes before a person has been convicted or even charged with a crime. […]
Entrapment: Defenses to Crimes in Georgia (Pt. 2)
Entrapment is an affirmative statutory defense to a crime in Georgia, which means that it is built right into the state code. Entrapment occurs when an officer or agent of the state persuades a person to commit a crime he or she would not have otherwise committed. Entrapment has three elements: First, the idea of […]
Equal Access: Defenses to Crimes in Georgia (Pt. 1)
In this series of blogposts we will be discussing common defenses to crimes in Georgia. If you have been charged with a crime (or even if you are under investigation for a potential crime), it is crucial that you know what your defenses are. Some defenses are quite obvious. For example, you did not commit […]
How to Get a Pardon for a Felony Conviction in Georgia
Once you have been convicted of a felony in Georgia, you will likely be stuck with it on your record for life. This is the case whether you were convicted by a jury or pleaded guilty in front of a judge. One of the ways to truly clear your record is through filing a petition […]
Justification: Self Defense in Georgia Law
Self-defense (legally known as justification) is one of the most effective legal defenses a person can raise in a criminal case in Georgia. This is in part because an argument of self-defense is available before and during trial. To raise this defense before trial, your attorney can file what is commonly called an “immunity motion.” […]
Can you withdraw a guilty plea in Georgia?
In today’s post, I discuss when a person is allowed to withdraw a guilty plea. Many people, for one reason or another, change their mind after pleading guilty to a crime and wish to withdraw their plea. Georgia law permits the withdraw of a guilty plea only in certain circumstances. Withdrawing a Guilty Plea Before […]