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…

Tax Fraud Lawyers Atlanta

Two defendants, a man and his wife, were accused of conspiring to commit wire fraud by filing fraudulent tax returns during the period beginning in Jan. 2011 and ending in Feb. 2013. The 44-year-old man and his wife were charged with one count of aggravated identity theft and one count of conspiracy to commit wire…

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