Category Archives: Criminal Defense
Federal Court Upholds 46-Month Sentence in COVID Fraud Case
Fraud-based crimes often carry more severe criminal penalties than people realize. Many crimes associated with fraud are subject not just to state but also federal prosecution. And the federal system takes fraud quite seriously, especially when the alleged victim is a bank or the government itself. Atlanta Prosecutors Nab 11 for Filing False Loan… Read More »
How “Constructive Possession” Can Lead to Drug or Gun Charges in Georgia
There are many criminal offenses, such as those involving drugs or firearms, where a person may be found guilty based solely on possession. And possession can mean either actual or constructive possession. Actual possession means you have direct physical control over the contraband. Constructive possession essentially means you have the ability to exercise control… Read More »
What Is an Alford Plea in a Georgia Criminal Case?
When a person is formally charged with a crime in Georgia, the court will ask the defendant to enter a plea. Normally, the defendant will plead either “guilty” or “not guilty.” In some cases, the defendant may enter a plea of nolo contendere or “no contest.” This basically means that the defendant does not… Read More »
How Exploiting a Software Bug Can Lead to Federal Fraud Charges
Fraud describes a number of criminal offenses where a person uses deception or trickery to obtain the property of another. This can include situations where a person deceives by lying about the nature of a proposed bargain. What matters is whether the person accused of fraud intended to deceive the other person. In addition,… Read More »
What Is the Role of a Grand Jury in a Georgia Criminal Case?
When someone is charged with a crime in Georgia it takes the form of either an accusation or an indictment. An accusation–also known as an “information” in other jurisdictions–is where the district attorney or county solicitor’s office files a formal charge following a suspect’s arrest or citation by the police. Accusations are used in… Read More »
Can a Broken Taillight Lead to a Felony Drug Arrest in Georgia?
For many of us, getting pulled over for a traffic ticket is an inconvenience that leads to a misdemeanor charge at worst. Unfortunately, once the police initiate a lawful traffic stop–even on something as benign as driving with a broken taillight–that can lead to further investigation and potential arrest on a more serious felony… Read More »
Can You Withdraw a Guilty Plea to a Criminal Charge in Georgia?
Most criminal prosecutions in Georgia result in some form of plea bargain. Typically, the defendant agrees to plead guilty in exchange for some consideration from the prosecution, such as a lesser charge or a joint sentencing recommendation. In other cases, a defendant may simply decide they wish to accept responsibility and enter a guilty… Read More »
How to Prove That the State’s Witnesses Are Lying?
When you are facing criminal charges, the state prosecutor will likely rely on witnesses who will testify against you. These state’s witnesses can be police officers, victims, or bystanders who claim to have seen or heard something incriminating. However, not all witnesses are truthful, and some may even provide false testimony to secure a… Read More »
Will Polygraph Evidence Be Used in Your Criminal Case?
Facing criminal charges is always overwhelming and stressful, especially when you do not know what to expect. Having to navigate the criminal justice system can be a daunting task without the assistance of a skilled lawyer. One question that may arise during your case is whether polygraph evidence will be used against you. If… Read More »
Can Prosecutors Use “Character Evidence” to Convict You of a DUI in Georgia?
As a general rule, a prosecutor is not allowed to put a defendant’s “character” on trial in Georgia. In other words, the government can present evidence to prove the defendant committed the alleged crime. But the state cannot achieve its goal by introducing evidence of unrelated “bad acts” simply in an attempt to prove… Read More »