Georgia’s Recidivist Sentencing Statutes: Strategies for Excluding Prior Convictions in Sentencing Enhancement Cases
People throw around a “seven-year washout” rule like Georgia automatically stops counting old convictions at sentencing. Georgia’s recidivist statute does not work that way. Sentencing enhancements can still apply years later, depending on the statute the prosecutor uses and the details of the prior cases. Recidivist Sentencing Under O.C.G.A. § 17-10-7 Georgia’s main repeat-offender statute, O.C.G.A.… Continue reading Georgia’s Recidivist Sentencing Statutes: Strategies for Excluding Prior Convictions in Sentencing Enhancement Cases
Read MoreCSLI And Tower Dump Challenges: Litigating Cell-Location Evidence Beyond Geofences
Cell-location evidence can feel decisive in a criminal case. Prosecutors may use it to argue you “had to be there.” However, CSLI and tower dumps rarely deliver a neat GPS dot on a map. They raise technical questions and Fourth Amendment questions, and those issues often decide whether the jury ever sees the data. This… Continue reading CSLI And Tower Dump Challenges: Litigating Cell-Location Evidence Beyond Geofences
Read MoreCharging Decisions as Leverage: When Prosecutorial Strategy Shapes Defense Outcomes
Before a defendant ever steps into a courtroom, the prosecutor has already made a choice that will shape the rest of the case: the decision about what to charge. This sets the tone for everything that follows, including bail arguments, plea discussions, and the possible sentencing range. When prosecutors decide to file the most serious… Continue reading Charging Decisions as Leverage: When Prosecutorial Strategy Shapes Defense Outcomes
Read MoreEntrapment Defense in Georgia: When Undercover Police Operations Cross the Line
Undercover stings are common in Georgia criminal cases. Officers may pose as buyers, sellers, or even minors online, and courts usually accept those tactics. However, when officers push someone into a crime they were not already ready to commit, the law calls that entrapment. What Entrapment Really Means in Georgia According to Georgia’s entrapment statute, O.C.G.A.… Continue reading Entrapment Defense in Georgia: When Undercover Police Operations Cross the Line
Read MoreEnding Probation Early: How to Qualify for Early Termination of Probation in Georgia
Under Georgia law, the court has the authority to discharge someone from probation at any time, provided it is in the interest of justice and the public good. This authority is discretionary, meaning a judge can use this benefit to motivate defendants who are making progress in rehabilitation. To get discharged from probation early, defendants… Continue reading Ending Probation Early: How to Qualify for Early Termination of Probation in Georgia
Read MorePole Cameras and Curtilage: Suppressing Long-Term, Warrantless Video Surveillance Around the Home in Georgia Courts
Some police departments in the country have used pole cameras to surveil homes for weeks or even months without a warrant. Pole cameras are proficient at zooming in on porches, driveways, and yards to allow for the capture of private moments that were never intended to be shared with the public. In Georgia, these locations,… Continue reading Pole Cameras and Curtilage: Suppressing Long-Term, Warrantless Video Surveillance Around the Home in Georgia Courts
Read MoreInsanity Defense in Georgia: Understanding ‘Not Guilty by Reason of Insanity’ vs. ‘Guilty but Mentally Ill’ Verdicts
Georgia law draws a hard line between having a mental illness and being legally insane. The standard is set in O.C.G.A. § 16-3-2: If, at the moment the crime happened, a person couldn’t tell right from wrong because of a mental illness or defect, they aren’t criminally responsible. There’s also O.C.G.A. § 16-3-3, which covers… Continue reading Insanity Defense in Georgia: Understanding ‘Not Guilty by Reason of Insanity’ vs. ‘Guilty but Mentally Ill’ Verdicts
Read MoreClearing Your Record in Georgia: How Record Restriction (Expungement) Can Give You a Second Chance
A criminal record can hang over your head for years, even after you have turned your life around. In Georgia, many people hear the term “expungement” and think it means the record is erased forever. Georgia uses what is called record restriction, which hides eligible records from public view. Who Can Get Their Record Restricted? Not… Continue reading Clearing Your Record in Georgia: How Record Restriction (Expungement) Can Give You a Second Chance
Read MoreLeveraging Georgia’s First Offender Act: How to Keep a Conviction Off Your Record for a One-Time Mistake
When someone makes a mistake and ends up in court, the long-term impact of a conviction can be overwhelming. In Georgia, the First Offender Act offers a second chance without the burden of a criminal record. For many first-time offenders, this law can be the difference between a future with limitations and one with a… Continue reading Leveraging Georgia’s First Offender Act: How to Keep a Conviction Off Your Record for a One-Time Mistake
Read MoreGeofence Warrants and the Digital Dragnet: Fighting Broad Cellphone Location Sweeps in Georgia Criminal Cases
Prosecutors in Georgia are using geofence warrants more and more to place people near a crime scene. These warrants collect location data, usually pulled from Google, from every phone in a certain area during a set time period. The issue? Most of the people caught up in that sweep haven’t done anything wrong. How Geofence… Continue reading Geofence Warrants and the Digital Dragnet: Fighting Broad Cellphone Location Sweeps in Georgia Criminal Cases
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