Category Archives: Criminal Defense
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 »
How “Criminal Attempt” Charges Work in Georgia
Can you be charged with a crime that was never carried out or completed? Absolutely. Georgia law refers to this as “criminal attempt.” Essentially, criminal attempt occurs when a person “performs any act which constitutes a substantial step toward” the commission of a crime. The state must prove three elements to convict a person… Read More »
Georgia Supreme Court Orders New Trial in Fatal Car Accident Case
Car accidents are an unfortunate everyday occurrence in Georgia. Many people are seriously injured or killed in such accidents. Yet in most cases, the person who caused the accident only faces civil liability, such as a personal injury lawsuit filed by the victim. The mere fact that the accident occurred is not necessarily a… Read More »
Is “Mutual Combat” a Valid Criminal Defense in Georgia?
As a general principle of law, a person is entitled to defend themselves against the imminent use of unlawful force. In simple terms, if someone threatens you with a gun, you have the right to stop them using force of your own. You cannot be held criminally liable if your attacker is injured due… Read More »