In criminal law, exculpatory evidence is some fact, testimony or document that, if used at a criminal trial, might help prove that the accused was not guilty of the charges. Exculpatory evidence includes anything that might directly show the innocence of the accused or that might show an excuse, justification, or defense to the charges…. Read More
A pretrial hearing refers to a meeting between parties in a case that occurs before a trial. In criminal cases, these parties are often the prosecution, the person being charged with the criminal offense, that individual’s lawyer, and a judge. During a criminal trial, a pretrial hearing helps to resolve a number of obstacles including… Read More
Similar to state court judges, federal magistrate judges are responsible for deciding at an initial appearance whether an individual who is charged with a crime will remain in custody or is capable of leaving on a bond. Because pre-trial release requirements can be particularly strict, to navigate these matters, it is often critical to obtain… Read More
What to Consider When You Plead Not Guilty When a person decides to plead not guilty, he or she is informing the prosecution that a case will proceed to trial and involve much more complex decisions. Even after choosing to plead not guilty, it is common to feel uncertain about what will occur in your… Read More
While some people are not familiar with them, pretrial service programs refer to procedures in the United States used to prepare cases for court trial. The state of Georgia, like many other states, offers pretrial service programs at a county level. The United States federal courts also operate pretrial services in each one of the… Read More
What Happens During Pretrial? While many people are familiar with the trial process, few people know what exactly occurs during the pre-trial period. In reality, this phase of a criminal case is an extremely important role. In many cases, pre-trials have a significant influence on what ends up happening during the trial. For this reason,… Read More
Georgia Criminal Law News April 2017 PRE & POST CONVICTION LAW PUBLICATION RECENT VICTORY! STATE v. GILREATH, April 2017. Superior Court, Forsyth County. Mr. Gilreath was sentenced to life in prison for murder. This case was won on appeal related to the court not allowing a witness to testify to all the information that was available… Read More
Federal law holds that to be successful, a person arguing an appeal on the basis of ineffective assistance of counsel must show that substandard service negatively affected the trial’s outcome. Another flaw in trials, called a “structural error,” will result in a defendant being granted a new trial even if the error did not result… Read More
If you recently discovered that there is a warrant out for your arrest, there might already be an ongoing criminal investigation and you might have even missed a court date. Very few courts are lenient on individuals who discover that they have an arrest warrant and fail to respond. While not responding to the arrest… Read More
In June of 2016, lawyers prepared for a trial for several men charged in the fatal 2014 shooting at Macon’s Wings Cafe, according to The Telegraph. The lawyers hashed through pretrial issues during the hearing at the Bibb County courthouse. The crime in question, according to authorities, involved members of the Blacc Team and Gangster Disciples… Read More