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• Vehicular Homicide and Feticide in Georgia

  First Degree Vehicular Homicide A person commits first degree vehicular homicide when causing the death of another person through a violation of O.C.G.A under O.C.G.A. Section 40-6-393(a). Section 40-6-391 (DUI),...

• Bribery and Public Corruption in Georgia

  Bribery A person commits bribery when he or she gives or offers to give any benefit under O.C.G.A. Section 16-10-2, reward, or consideration to a public officer, official, or employee...

• Capital Punishment Procedure in Georgia

  Georgia Death Penalty Statutes: O.C.G.A. Section 17-10-30 Through 17-10-44 Georgia authorizes the death penalty for murder when statutory aggravating circumstances are present, governed by O.C.G.A. Section 17-10-30 through Section 17-10-44....

• Juvenile Records and Expungement in Georgia

  Confidentiality of Juvenile Records Georgia law treats juvenile court records as confidential under O.C.G.A. Section 15-11-700 through 15-11-707. Juvenile records are not public records and may not be inspected except...

• Electronic Child Exploitation in Georgia

  Computer or Electronic Pornography.2 O.C.G.A. Section 16-12-100.2 criminalizes the use of a computer or electronic device to exploit a child by transmitting, distributing, or possessing sexually explicit images of minors,...

• Prior Sexual Conduct Evidence in Georgia

  Rape Shield Statute Georgia's rape shield law, codified at O.C.G.A. Section 24-4-412, establishes a general rule excluding evidence of the alleged victim's past sexual behavior and sexual predisposition in prosecutions...

• Probation Conditions and Revocation in Georgia

  Probation Authority Georgia courts have broad discretion to impose probation as part of a criminal sentence under O.C.G.A. Section 42-8-34. The court may suspend or probate all or any part...

• Sex Offender Registration in Georgia

  Registration Requirements Georgia's Sex Offender Registration Act under O.C.G.A. Section 42-1-12 requires persons convicted of certain sexual offenses enumerated in O.C.G.A. Section 42-1-12(a)(10) to register with the sheriff of the...

• Technical vs. New Law Probation Violations in Georgia

  Classification of Violations Under Georgia Law Georgia law distinguishes between technical violations and new law violations of probation, a distinction that carries significant consequences for the sanctions available and the...

• Accountability Courts in Georgia

  Accountability Court Authority Georgia operates several types of accountability courts, authorized under O.C.G.A. Section 15-1-15 and governed by standards established by the Judicial Council of Georgia and the Council of...

• Early Termination of Probation in Georgia

  Statutory Authority The sentencing court has discretionary authority to terminate probation early when the probationer has substantially complied with all conditions and early termination serves the interests of justice under...

• Successive Habeas Petitions in Georgia

  Restrictions on Successive Petitions Georgia law imposes significant restrictions on the filing of successive habeas corpus (a court petition challenging the legality of detention) petitions. A petitioner who has previously...

• Rape and Statutory Rape in Georgia

  Rape Georgia defines rape under O.C.G.A. Section 16-6-1(a), Georgia defines rape as carnal knowledge of a female forcibly and against her will, or carnal knowledge of a female who is...

• Securities Fraud Prosecution in Georgia

  Georgia Uniform Securities Act et seq. The Georgia Uniform Securities Act, codified at O.C.G.A. Section 10-5-1 et seq., regulates the offer, sale, and purchase of securities within Georgia and provides...

• Sex Offender Registration and Electronic Exploitation in Georgia

  Dual Framework of Criminal Penalties and Registration Persons convicted of electronic exploitation offenses in Georgia face both severe criminal penalties under O.C.G.A. Section 16-12-100.2 and ongoing sex offender registration obligations...

• Georgia First Offender Act

  First Offender Act The First Offender Act, codified at O.C.G.A. Section 42-8-60 et seq., allows a defendant who has not been previously convicted of a felony to be sentenced without...

• Possession vs. Distribution in Georgia Drug Cases

  Simple Possession Simple possession involves the knowing purchase, possession, or control of a controlled substance for personal use without intent to distribute. Penalties vary by schedule classification: Schedule I and...

• Parole Eligibility and Decisions in Georgia

  Parole Authority Under the Georgia Constitution The Georgia State Board of Pardons and Paroles, established under Article IV, Section II of the Georgia Constitution, has exclusive authority to grant, deny,...

• RICO Enterprise Definition in Georgia

  Associated-in-Fact Enterprise An enterprise includes any group of individuals associated in fact although not a legal entity under O.C.G.A. Section 16-14-3. This is the most commonly charged enterprise type in...

• Probation vs. Parole in Georgia

  Fundamental Distinction Under Georgia Law Probation and parole are both forms of community supervision in Georgia but arise from different sources of authority and operate under distinct legal frameworks. Probation...

• Georgia Felony Sentencing Framework

  Georgia Felony Sentencing Authority and Classification Georgia felonies are not classified into degrees or classes like some states. Instead, each offense has its own statutory sentencing range specified in the...

• Juvenile Diversion Programs in Georgia

  Juvenile Diversion for Juvenile Diversion Juvenile diversion in Georgia, authorized under O.C.G.A. Section 15-11-530 and the broader juvenile code provisions of O.C.G.A. Title 15, Chapter 11, redirects eligible youth away...

• Intellectual Disability and the Death Penalty in Georgia

  Constitutional Prohibition Under Atkins v. Virginia The United States Supreme Court held in Atkins v. Virginia (2002) that the execution of persons with intellectual disability violates the Eighth Amendment's prohibition...

• RICO and Street Gang Prosecution in Georgia

  Street Gang Terrorism and Prevention Act O.C.G.A. Section 16-15-1 et seq. defines and criminalizes criminal street gang activity separately from the RICO statute. A criminal street gang is any organization,...

• Georgia RICO Statute and Racketeering Charges

  Georgia RICO et seq. Georgia's Racketeer Influenced and Corrupt Organizations Act is codified at O.C.G.A. Sections 16-14-1 through 16-14-15. The statute prohibits acquiring or maintaining an interest in property through...