Beating the Rap in a Burglary Case
When most people hear about burglary, visions of the Hamburglar creep into their heads. These visions are inaccurate on several important levels. First and foremost, the punishment for a Section 61-7-1 violation is much stiffer than writing sentences on a chalkboard. A first conviction could mean twenty years in prison, even if the defendant did […]
Possessing a Weapon During a Felony
Going From Bad to Worse: Cobb County has some of the most aggressive prosecutors in Georgia. If there is any way to enhance charges at the intake phase, when prosecutors use the facts in the police report to bring formal charges against defendants, that’s usually what happens. Police reports usually include an inventory of contraband […]
How Do Bail Bonds Work?
Bail bonds are the primary pretrial jail release devices in Cobb County. Essentially, buying a bail bond is like buying an insurance policy. If Ted does not have fire insurance and his house burns down, he must pay to rebuild it. However, if Ted has a valid fire insurance policy, the insurance company bears the […]
How is Drug Possession Defined?
Although most countries have constitutions and other documents which state otherwise, there is usually a presumption of guilt in criminal cases. That’s especially true if the defendant is in jail for a violent crime. Most people assume that if authorities arrest the defendant, the defendant probably did something wrong. This presumption is especially high in […]
Important Time Limits in Georgia Criminal Cases
The writ of habeas corpus, and its derivatives, is one of the most important and most fragile rights in our country. Habeas corpus, a right which dates back to the thirteenth century, prevents authorities from rounding up the usual suspects and jailing them on the basis of suspicion alone. Governments have always disliked this right. […]
High-Speed Police Chase Kills Two, Injures Two
After officers pursued a vehicle through residential areas at speeds over 100mph, the suspect driver lost control of his car and crashed into a utility pole. Four people, including two teenagers, were inside the car. Initially, Georgia State Police troopers tried to detain the vehicle for speeding on Interstate 75 near the Interstate 20 interchange. […]
Can You Beat a Case with a Public Defender?
Some public defenders in Cobb County are experienced professionals who are dedicated to their clients’ rights. Others are overworked, underpaid, and just looking to get by. Recently, the New York Times profiled a New Orleans public defender who was juggling close to two hundred felony clients simultaneously. “The workload can be overwhelming even under the […]
What is the Difference Between a Felony and a Misdemeanor in Georgia?
The short answer is quite easy and related to the range of punishment. Misdemeanors are punishable by up to one year in a county jail. Felonies are punishable by more than one year in a state or federal prison. Likewise, non-incarceration sentences, like probation, are usually shorter in misdemeanor cases. However, there’s a long answer […]
Is It Possible to Pass a DUI Field Sobriety Test?
The answer to this important question depends on who you ask. Police officers almost always testify that defendants “failed” the walk-and-turn and other approved FSTs, regardless of the defendant’s actual performance. Until recently, jurors almost always sided with police officer conclusions, no matter how tenuous they were. But police officer credibility recently hit an all-time […]
Speeding Car Hits and Kills Trick-or-Treater
An 11-year-old boy who was “celebrating Halloween,” according to the Atlanta Police Department, is dead after a motorist struck him as he allegedly stepped out into the street. Investigators are unsure if the motorist left the road and hit the boy as he was standing on the sidewalk, or if the collision happened as he […]
