Remember, your attorney cannot be a witness in your case.
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An investigator can be extremely beneficial during the trial because then we can hold people down to their answer that they provided to the investigator. A discrepancy in information can make a witness look less credible or could result in evidence being thrown out if there are conflicting sources. In addition, it is vital to investigate family members or other close friends for motive. We have represented hundreds of innocent clients that were set up by people close to them or blamed for an action they did not commit.
Investigators will utilize unique techniques to collect data and information surrounding your case. Before hiring an investigator, it is important to discuss your matter with an attorney. Kimberly Berry is here to answer any questions you have and to explore whether an investigator is needed for your situation.
Yes, they can as long as the crime does not fall under the category where a superior court judge has to issue the bond. A bond is an assurance that the accused gives the state while in prison promising to come to court when required. The suspect has the choice to choose what kind of bond they would like to use.
There are three types of bonds: cash, surety, and property bonds. Cash bonds are just what you would expect. They are the quickest way to get someone out of jail but many times people do not have cash on hand, and that is why they have to use a surety bond. However, cash bonds are not returned at the end of the case.
A surety bond is an agreement between three parties where the bonding company surety agrees to pay the bond in return for the accused attending their court appearances. If the accused fails to show up for court, then the court receives the full amount from the surety, and the company generally goes after the defendant to recover the payments made on their behalf.
The last type of bond is a property bond. This occurs when the accused pledges that in exchange for their release, they will encumber some of their property. They can produce a warranty deed or another statement showing the property's fair market value. We rarely recommend property bonds because until the case is completed, the property cannot be sold, refinanced, or divided. However, if the bond is too high for a family member to post or they were unable to secure a surety bond, then a property bond will be the last option.
For more information about superior court bonds, please visit our page here. There are several crimes where only a superior court judge can set the bond. Unfortunately, no. Due to the first amendment right of free speech and freedom of the press, there are very little ways to control what the media says about you.
We understand that this is frustrating and while you want to prevent them from disseminating your information; there is little you can do to stop them. While you can't control what they say, you can control what you say and how you respond. If you were wrongfully charged with a crime, then let's attack that in the courtroom. If inaccurate facts are being reported, we can try to address those, but it can be dangerous because you don't want to reveal any other information.
We advise that you focus on fighting your case and building your defense instead of trying to manage your media. Generally, no. You could not sue the state if they had probable cause. Georgia has a very low standard of probable cause, so it does not take much to meet that standard. There are two main types of defamation cases: libel and slander. Both involve harmful statements that could cause damage to a person's reputation.
Libel requires that the information is in writing or somehow published. With slander, the only requirement is that the defamatory statement be spoken to a third party. The majority of the time you are unable to file a claim against the State if you were defamed.
However, you could file against the individual who made the statements. For example, if a person falsely accused a public figure of rape but later admitted that her accusation was false and dropped the charges, you may be able to file a lawsuit if you can demonstrate that your reputation suffered. This is a frequently asked questions from our clients. However, there is no set answer. While some cases may take months, others may take years. It is difficult to predict how long your case can take.
We understand the stress criminal proceedings can put on you and your family.
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Kimberly Berry will take the time to explain the entire criminal process to you and what you can expect from every stage. She will be available to answer any questions you have whenever you need her. The criminal justice system is not made for self-service. Your best outcome can only be obtained by working with a lawyer who deals with these cases every day.
Many of our clients have heard about the rape shield law and wonder if it would apply to their case. Evidence relating to the alleged victim's past sexual behavior is generally admissible.
This law was created to protect potential victims of sexual offenses from character attacks related to the guilt or innocence of the accused. Other evidence that is excluded from the trial may include proof of the alleged victim's marital history, mode of dress, sexual morals contrary to community standards, and general reputation for promiscuity. Neither the defense nor the prosecution may offer evidence in under this statute.
The rape shield law is just one example of why it is critical to hire an experienced Georgia Sex Crimes Attorney. A general practitioner who does not practice criminal law on a daily basis may not be sure how to fight an alleged victim trying to prevent evidence being admitted under this law. It is in your best interest to hire a lawyer that works with these laws every day and knows how to make the rules work to your advantage! For statutory rape charges, many clients want to know if they fall under the Romeo and Juliet provision.
Close in age exemptions were historically put in place to prevent the prosecution of people who engage in consensual sexual activity when both parties are significantly close in age to each other but one or both parties are below the age of consent.
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Because Georgia does not have these types, it is possible for two individuals under the age of 16 who willingly engage in sexual intercourse to both be prosecuted for statutory rape. However, this is extremely rare. Moreover, there are no protections when sexual conduct is between a year-old and a year-old. It is still illegal for them to have sex in Georgia, but it is treated as a far less severe crime. If the victim is years of age and the accused is either 18 or no more than four years older than the victim, he or she will be guilty of a misdemeanor. Being charged with a misdemeanor instead of a felony statutory rape charge is a massive win for your case.
The penalty for a felony statutory rape charge can range from 1 to 20 years in prison.
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If the perpetrator is over 21, the sentence increases to between years in prison. For more information about statutory rape or questions about sex crimes in Georgia , please contact one of our knowledgeable attorneys immediately. When charged with a sexually based offense, many clients ask if they are required to provide a specimen. The short answer is that if the state has a warrant, then yes, you have to give a sample.
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