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Right to Bind Over from Municipal or Traffic Court in Georgia Criminal Cases



by Carl Chapman In Georgia, everyone charged with a crime against the laws of this state has a constitutional right to a trial by jury. The key word here is the laws of the State. Some municipalities have their own subset of rules that usually overlap with state laws. These rules are called local ordinances […]

How Cell Phone Records Can Create an Alibi Defense in Georgia Criminal Cases



by Scott Smith An alibi is a claim that you were not on the scene when the crime was committed. Alibi is a powerful defense in Georgia.  It is a statement to the jury you were not present when the crime was committed and therefore you cannot be found guilty. Although there are some exceptions, […]

The “Safety Valve” Alternative to Mandatory Minimum Sentencing in Federal Court



by John Lovell I recently wrote about mandatory minimum sentences in federal court. There is a means to be sentenced below the mandatory minimum sentence, the “safety valve” provision. First, let me tell you what the safety valve is not: It is not a first offender statute similar to the Georgia statute where, when certain […]

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