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.
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Assumption of Risk and Consent in Georgia Criminal Defense
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...
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Comparative Fault and Criminal Defense in Georgia
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...
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Jury Instructions and Allen Charge in Georgia
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...
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Field Test vs. Lab Results in Georgia Drug Cases
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...
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Juvenile Detention in Georgia
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...
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Brady and Giglio Obligations in Georgia
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....
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Mid-Trial Self-Representation in Georgia
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"...
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Plain View Doctrine in Georgia Criminal Cases
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...
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Drug Conspiracy and Pinkerton Liability in Georgia
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...
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ALS Hearing After Georgia DUI Arrest
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. §...
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Early Termination of Probation in Georgia
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...
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Motion for New Trial in Georgia
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...
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Juvenile Procedural Rights in Georgia
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...
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Felon in Possession of a Firearm in Georgia
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...
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Aggravated Assault with a Deadly Weapon in Georgia
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,...
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Identity Fraud Charges in Georgia
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...
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CDL Holder DUI Consequences in Georgia
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...
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Exigent Circumstances and Warrantless Entry in Georgia
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...
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Confession Voluntariness in Georgia Criminal Cases
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."...
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Commitment Hearings and Grand Jury in Georgia
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...
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Conditional Discharge for Drug Offenses in Georgia
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...
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Georgia First Offender Act
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;...
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Indictment Requirements in Georgia Criminal Cases
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...
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Jury Impeachment Rules in Georgia
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...
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Georgia Felony Sentencing Framework
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...