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 […]