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 […]
Controversial Wreck in Atlanta Kills One, Injures One
Although almost no details about the accident were available, investigators insist that a passenger car was responsible for a serious collision in the ATL. According to police investigators, a woman driving a blue car lost control of her vehicle as she traveled eastbound on the Donald Lee Hollowell Parkway. She crossed the center line and […]
A Complete Guide to Reckless Conduct in Cobb County
Typically, reckless conduct is a provocation offense. A defendant antagonizes a police officer so much that she or he arrests the defendant for a Section 16-5-60 violation. Or a defendant antagonizes a business owner or other private citizen so much that the same thing happens. Normally, these arrests are only temporary. Most people calm down […]
Drowsy Truck Driver Crashes in Georgia
As of the fall of 2021, the worst of the corona virus pandemic seems to be over. Yet the Federal Motor Carrier Safety Administration, which is supposed to be a safety watchdog, continues to roll back safety laws, citing the effects of the pandemic. Some of these changes include waiving some HOS (Hours of Service) […]
