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…

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…

Theft Crimes in GA

filed under: Atlanta Criminal Defense Shopplifing Laws Shoplifters in Atlanta face serious criminal penalties, including jail time and fines. In addition, shoplifters can be sued for damages in civil court by victimized merchants. Shoplifting in Georgia Shoplifting in Georgia is defined as performing certain actions with the intent of taking merchandise without paying for it or…

Atlanta Burglary Defense Attorneys

Traditionally in Atlanta, burglary was defined as breaking and entering into a home at night with the intent to commit a felony inside. Today, Georgia law – along with that of many other states – has done away with some of these requirements. A person commits burglary by entering (or remaining) in a building or…

Atlanta Auto Theft Attorneys

  There are many different ways a motor vehicle can be stolen. You could be sitting in a traffic jam when suddenly someone approaches the side of your car with a weapon and demands you to get out and give up your car. This is known as carjacking and it is a federal offense and…

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