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Category Archives: Sex Crimes

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Georgia’s Rape-Shield Rules Can Shape What Evidence Reaches the Jury

By The Spizman Firm |

A person accused of a sex crime may believe the jury needs to hear about an earlier sexual relationship with the person making the accusation. That history may seem essential to understanding the relationship, the events leading up to the alleged encounter, or a defense based on consent. Yet having information that appears important… Read More »

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Georgia’s Romeo and Juliet Law: When Statutory Rape Is Treated as a Misdemeanor

By The Spizman Firm |

Two teenagers may consider themselves to be in a normal dating relationship. Their friends may know they are together, their messages may show mutual affection, and neither person may describe what happened as forced. A statutory rape accusation can still follow if one person was under 16 when sexual intercourse allegedly occurred. Georgia law… Read More »

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Search Warrants for Phones and Computers in Sex Crime Cases: What Police Can Seize in Georgia

By The Spizman Firm |

In many Georgia sex crime investigations, digital evidence plays a central role. Police often seek search warrants to examine phones, computers, tablets, and online accounts. These devices can contain text messages, emails, photos, browsing history, location data, and social media communications. Investigators frequently rely on this information when building a criminal case. However, law… Read More »

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Georgia Appeals Court Upholds Incest Conviction

By The Spizman Firm |

There are a number of sex-based offenses that can land you in serious legal trouble in Georgia. One of them is incest. Georgia law defines incest as engaging in sexual intercourse “with a person whom he or she knows he or she is related to be blood, by adoption, or by marriage.” Under this… Read More »

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How “Privilege” Can Affect Your Criminal Defense in Georgia

By The Spizman Firm |

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 »

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Can a Georgia Judge Remove a “Holdout” Juror Who Votes for Acquittal?

By The Spizman Firm |

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 »

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How “Criminal Attempt” Charges Work in Georgia

By The Spizman Firm |

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 »

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Can Georgia Law Enforcement Demand Cell Phone Location Data Without a Warrant?

By The Spizman Firm |

Modern smartphones make it possible to stay in touch with friends and family at all times. A downside to this, however, is that it also makes it possible for law enforcement to track our movements. As a result, there have been a number of key court rulings over the past decade regarding how and… Read More »

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The Consequences of Giving a False Name to the Police

By The Spizman Firm |

You always have a constitutional right not to answer questions asked by the police in connection with the investigation of a crime, or even a possible crime. But the right to remain silent is not a right to lie. You should never give false or misleading information to the police. Not only are most… Read More »

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Georgia Sex Offender Registration and the “72-Hour” Rule

By The Spizman Firm |

In Georgia, a sex crimes conviction will follow you long after you serve any prison sentence. Every state has certain requirements for people convicted of specified sex offenses to register as “sex offenders.” Under Georgia law, just about anyone convicted of a “dangerous sexual offense” in any state must register if they live in… Read More »

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