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 Rape Defense Attorneys

It is a terrible fact that the sexual allegations brought against someone living in Atlanta are sometimes untrue. In some cases, entirely false accusations are made simply in order to punish a person who is less than deserving of such an incriminating statement. Adolescents and adults alike are both aware of the damaging effects that a sex…

Georgia Sexual Battery Lawyers

Living in Georgia, you would be surprised how easy it is for you to be arrested for sexual battery. Like many, it’s probably your first run-in with the law and you feel scared, alone and completely confused. What Does a Georgia Sexual Battery Mean? The legal definition of sexual battery is when a person attempts…

Top Atlanta Criminal Defense Lawyers Atlanta

Filed Under: Atlanta Sexual Assault Defense Lawyers Atlanta Sexual battery — sometimes referred to as sexual assault — and other sex crimes carry some of the harshest penalties of any crimes committed in the United States. This is especially true in Atlanta, where sentences for a sex crime conviction often result in mandatory 25 years…

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