Insanity pleas the issue raised by a special plea of insanity at the time of trial is not whether the defendant can distinguish between right and wrong, whether he is capable at the time of the trial of understand the nature and object of the proceedings going on against him and rightly comprehends his own…

We get asked by clients quite frequently whether or not the fact that they were not read Miranda can throw their case out. Although reading of Miranda rights is not necessary that every roadside stop, in the case of State v. O’Donnell, the facts clearly establish that the defendant was under arrest before the police…

What can the State make me produce without violating my Fifth Amendment rights? While the language of the 5th amendment of the United States Constitution has long been construed to be limited to testimony, the Georgia Constitution has been construed to limit the State from forcing the individual to present evidence, oral or real. However,…

Can the defendant compel the prosecutor or the court to grant use immunity to a witness whose testimony would help the defense? This is an important question asked for a defendant who may have a witness with exculpatory testimony that could be helpful to their defense. The defendant sought to compel the prosecutor or the…

A pen register, which is a device which records numbers called without recording the communication is a device as defined by OCGA 16-11-60 and the state may only use such a device after securing a warrant. Ayres v. State 181 Ga. App. 244, 351 S.E.2d 692. The federal wiretap legislation 18 U.S.C. section 2510, establishes…

Atlanta High Rated Drug Defense Lawyers

You can be charged with trafficking if you bring enough of a controlled substance into the city of Atlanta from another state or country. If  you are charged with trafficking in the Atlanta Metro area, no doubt about it, you will need an Atlanta Criminal Defense Lawyer How much of a drug is enough for a…

The State of Georgia takes drug offenses very seriously, and that is reflected in the Georgia drug possession laws. Many drug offenses can land you in prison and you need an attorney you can trust to get you the best results. As a Former Prosecutor, we have seen people come into court without an Attorney,…

Drug Defense Lawyer Georgia

  In Atlanta, you can be charged with “Cultivation” or (growing it). Cultivation of 10 pounds or less of marijuana is a felony punishable by a minimum of 1 and maximum of 10 years imprisonment. Cultivation of over 10 pounds but less than 2,000 pounds is punishable by a minimum of 5 years and maximum…

Atlanta Possession Defense Lawyers

If you are arrested in Atlanta on a Intent to Distribute Charge, it is possible to receive a life sentence in prison if convicted of two or more drug distribution offenses regardless of the amount of drugs involved. If this is coupled with at least 3 prior felony convictions, the sentence is not eligible for…

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