Georgia Criminal Law

Georgia criminal law, on file

Every answer on the site, printed by the chapters of the Georgia Code it cites.

Answers on file
150
Code sections cited
345
Links between answers
361

Every answer

Newest first. Page 6 of 6.

  1. Assumption of Risk and Consent in Georgia Criminal Defense

    4 min read cites 4 code sections

    Assumption of the risk is a Georgia civil defense: it can defeat a lawsuit by someone who knowingly walked into danger. Criminal cases work differently. The involuntary manslaughter and reckless...

  2. Comparative Fault and Criminal Defense in Georgia

    4 min read cites 5 code sections

    In a Georgia civil suit, O.C.G.A. § 51-12-33 has the jury assign percentages of fault, cuts the plaintiff's award by the plaintiff's share, and bars recovery at 50 percent or...

  3. Jury Instructions and Allen Charge in Georgia

    4 min read cites 2 code sections

    In a Georgia criminal trial, an objection to the jury charge must be made under O.C.G.A. § 17-8-58 before the jury retires to deliberate; without one, appellate review is limited...

  4. Field Test vs. Lab Results in Georgia Drug Cases

    4 min read cites 2 code sections

    A Georgia drug conviction does not always need a crime lab report. In Collins v. State (2006), the Court of Appeals said "Positive field test results are alone sufficient to...

  5. Juvenile Detention in Georgia

    4 min read cites 6 code sections

    A child may be detained before adjudication only if there is probable cause, clear and convincing evidence that restraint is needed and no lesser alternative suffices, and one of four...

  6. Brady and Giglio Obligations in Georgia

    4 min read cites 2 code sections

    The prosecution in a Georgia criminal case must disclose evidence favorable to the accused that is material to guilt or punishment, a due process duty that comes from Brady v....

  7. Mid-Trial Self-Representation in Georgia

    3 min read

    A request to drop counsel and self-represent after a Georgia trial has started raises a timing question Faretta v. California did not decide, because Faretta's request came "weeks before trial"...

  8. Plain View Doctrine in Georgia Criminal Cases

    4 min read

    Under the plain view doctrine, Georgia officers may seize an item no warrant or other exception covers when three conditions hold: they reached their vantage point lawfully, the item's criminal...

  9. Drug Conspiracy and Pinkerton Liability in Georgia

    4 min read cites 4 code sections

    A Georgia drug conspiracy is punished under O.C.G.A. § 16-13-33, not the general conspiracy statute: imprisonment up to the target offense's full maximum, with no fine provided. Separately, Georgia courts...

  10. ALS Hearing After Georgia DUI Arrest

    5 min read cites 4 code sections

    A driver arrested for DUI in Georgia who refuses testing or tests over the limit faces two proceedings: the criminal charge and an administrative license suspension (ALS) under O.C.G.A. §...

  11. Early Termination of Probation in Georgia

    5 min read cites 30 code sections

    Georgia probation can end early in three ways. The sentencing judge may rescind or modify the sentence under O.C.G.A. § 42-8-34(g) or discharge the probationer under § 42-8-37(b). After three...

  12. Motion for New Trial in Georgia

    4 min read cites 10 code sections

    A motion for new trial asks the Georgia judge who presided over the case to set the verdict aside. It must be filed within 30 days of the judgment under...

  13. Juvenile Procedural Rights in Georgia

    4 min read cites 3 code sections

    A child accused of a delinquent act has the right to an attorney at every stage under O.C.G.A. § 15-11-475; a parent cannot waive it, and a child whose liberty...

  14. Felon in Possession of a Firearm in Georgia

    4 min read cites 3 code sections

    O.C.G.A. § 16-11-131 covers three groups: anyone convicted of a felony in any state, federal, or foreign court; anyone on felony first offender probation; and anyone on felony probation under...

  15. Aggravated Assault with a Deadly Weapon in Georgia

    4 min read cites 3 code sections

    A charge under O.C.G.A. § 16-5-21(a)(2) does not require a gun, a knife, or an injury. It requires an assault made with "a deadly weapon or with any object, device,...

  16. Identity Fraud Charges in Georgia

    4 min read cites 7 code sections

    Identity fraud under O.C.G.A. § 16-9-121 is the willful and fraudulent use of identifying information that is not yours to use: another person's, a child's in your custody, a deceased...

  17. CDL Holder DUI Consequences in Georgia

    4 min read cites 5 code sections

    A commercial driver's license holder convicted of DUI in Georgia loses the right to drive a commercial vehicle for at least one year under O.C.G.A. § 40-5-151, even when the...

  18. Exigent Circumstances and Warrantless Entry in Georgia

    3 min read

    Without a warrant or consent, police in Georgia may enter a home only when a recognized exigency makes waiting unreasonable, and the State must prove it. Two 2021 decisions of...

  19. Confession Voluntariness in Georgia Criminal Cases

    3 min read cites 2 code sections

    Under O.C.G.A. § 24-8-824, a confession is admissible only if it was "made voluntarily, without being induced by another by the slightest hope of benefit or remotest fear of injury."...

  20. Commitment Hearings and Grand Jury in Georgia

    4 min read cites 4 code sections

    A commitment hearing asks whether there is probable cause to hold an arrested person for the grand jury. It is not required: in State v. Middlebrooks (1976), the Supreme Court...

  21. Conditional Discharge for Drug Offenses in Georgia

    3 min read cites 1 code section

    O.C.G.A. § 16-13-2 lets a court hold off on a conviction for a person with no prior drug conviction who pleads guilty to, or is found guilty of, possessing a...

  22. Georgia First Offender Act

    5 min read cites 16 code sections

    A Georgia defendant with no prior felony conviction can be sentenced as a first offender under O.C.G.A. § 42-8-60. After a guilty verdict or plea, the judge may defer adjudication;...

  23. Indictment Requirements in Georgia Criminal Cases

    4 min read cites 3 code sections

    A Georgia indictment is sufficient under O.C.G.A. § 17-7-54(a) if it states the offense in the Code's language or so plainly that a jury can easily understand it. It must...

  24. Jury Impeachment Rules in Georgia

    3 min read cites 1 code section

    After a verdict, O.C.G.A. § 24-6-606(b) bars jurors from testifying about deliberations or their mental processes when the verdict is challenged. The statute allows three exceptions: extraneous prejudicial information, outside...

  25. Georgia Felony Sentencing Framework

    5 min read cites 12 code sections

    Georgia sets felony punishment offense by offense: under O.C.G.A. § 17-10-1, the judge imposes a determinate sentence within the minimum and maximum the law prescribes for that crime. Two statutes...