Category Archives: Criminal Defense
What Are the Consequences for Animal Cruelty in Georgia?
Georgia has strict laws punishing individuals who intentionally harm, abuse, or neglect an animal. “Cruelty to animals” is a misdemeanor offense punishable by up to 1 year in prison. The law defines cruelty in this context as causing any “physical pain, suffering, or death to an animal by any unjustifiable act or omission.” Additionally,… Read More »
Could You Lose Your Driver’s License Under Georgia’s First Offender Act?
If you are a first-time offender in Georgia–that is, you do not have any prior felony conviction in Georgia or another state–you may be able to avoid having a conviction on your record. Georgia’s First Offender Act gives the trial judge discretion to defer further proceedings against a defendant and place them on probation… Read More »
How “Privilege” Can Affect Your Criminal Defense in Georgia
Georgia law provides that certain types of communications are “privileged,” and therefore not usable as evidence in a criminal trial. Some common examples include attorney-client privilege and spousal privilege. Privilege also covers communications between a psychiatrist or licensed psychologist and their patient. Georgia Man Accused of Molesting Granddaughter Allowed to See Her Counseling Records… Read More »
Can You Plead Insanity If You Didn’t Take Your Medication?
Georgia law recognizes two possible insanity defenses for persons accused of a crime. The first defense applies where the accused “did not have the mental capacity to distinguish between right and wrong.” The second is for cases where, at the time of the alleged act, the accused suffered from some “mental disease, injury, or… Read More »
Georgia Appeals Court Reverses Felony Fleeing Conviction
Watching the police chase a suspect on the news may seem exciting. But fleeing the police is in and of itself a crime under Georgia law. Indeed, once a police officer gives you a visual or audible signal to stop your vehicle, you must bring your car to a safe stop as soon as… Read More »
Can a Georgia Judge Remove a “Holdout” Juror Who Votes for Acquittal?
In any Georgia criminal case, the defendant has the right to a trial by jury. A key requirement of a jury trial is unanimity. Every juror must agree on the verdict. In the case of a hopelessly deadlocked jury, the judge can declare a mistrial, giving the state another chance to try the defendant…. Read More »
What Is “Obstruction” of a Police Officer in Georgia?
Georgia law makes it a misdemeanor to “obstruct” any law enforcement officer who is acting “in the lawful discharge of his or her official duties by offering or doing violence” to said office. The phrase “lawful discharge” is critical. For example, if a police officer starts asking you questions and you decide to walk… Read More »
When Can Georgia Police “Escalate” an Encounter?
Not all police encounters with a member of the public are treated equally under the law. There are actually three “tiers” of police-citizen encounters. Each tier affords the citizen with a different degree of legal protection under the Fourth Amendment. A first-tier encounter refers to any communication where there is no coercion or detention…. Read More »
Do Police Need a Warrant to Search Your Car’s “Black Box”?
Many modern motor vehicles contain an electronic control module (ECM) or electronic control unit (ECU). These devices not only help to control the various electrical systems within a car or truck, they also record a wealth of information about the vehicle’s operation. In a sense, they function much like the famous “black boxes” used… Read More »
How Reckless Boating Can Lead to a Homicide Charge in Georgia
Recreational boating is one of the most popular leisure activities here in Georgia. But it is important to remember that a boat, like any vehicle, must be operated in a safe manner. Georgia has “rules of the road” for boat traffic that are just as strict as those governing motor vehicles on the highway…. Read More »