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In the world of criminal defense, it’s not just about who did what—it’s about what can be proven. In fact, many cases hinge on the finer details, including the jury instructions that guide how a case should be considered. These instructions can have a significant impact on how a jury deliberates and, ultimately, how a defendant is judged.

At the close of trial, right before the jury begins deliberations, the judge provides a set of guidelines for the jury to follow, called jury instructions. These instructions explain the law that applies to the case and provide the jury with the framework they need to evaluate the evidence, apply the law, and render a verdict. Essentially, jury instructions ensure that the jury understands their role and the legal standards they must follow when deciding whether the defendant is guilty or not guilty.

Each unique case requires a unique, case-specific set of jury instructions. It is imperative to have an experienced, knowledgeable criminal defense attorney to ensure the proper instructions are provided to your jury. In this article, we will discuss the common instruction on “mere presence”—the legal protection for being in the wrong place at the wrong time.

The mere presence instruction tells a jury that simply being at the scene of a crime does not make someone guilty of committing it. Imagine you’re standing in the kitchen of a house while your friend is in the living room robbing the place. If you did not participate in the crime in any way, your mere presence in the house does not automatically make you culpable of the robbery in the next room.

In fact, the jury instruction for mere presence is a safeguard against assuming guilt simply because someone was near a crime. The prosecution needs more than just proximity; it needs evidence that connects the accused to the actual crime. Mere presence is not enough to establish guilt. Mere presence is not a criminal act.

To illustrate further, let’s consider a hypothetical case where a person is accused of stealing a car. The prosecution can present evidence that the accused was seen near the car moments before it was noticed missing, and the accused’s fingerprints were found on the door handle after the vehicle was recovered. The mere presence instruction explains that presence at the scene of the crime is insufficient evidence of guilt of perpetrating the crime. Applied here, the accused’s fingerprints could have been left on the vehicle at any time, and if there is a plausible, innocent explanation for why the defendant was near the car before the theft (such as visiting a cousin who lives next door or passing by while walking to the store), merely being placed at or near the vehicle is not enough. The jury must acquit the defendant.

As your criminal defense lawyers, we understand how to adequately instruct the jury on the law and then incorporate those instructions into the defense of your case. Whether you’re facing charges or helping someone who is, knowing how the jury instructions work and what the prosecution must prove can help guide your decisions.

If you have any questions about your case or need legal guidance, don’t hesitate to contact our firm. We’re here to fight for your rights to the fullest extent of the law.

Tucker, Georgia is home to the City of Tucker Municipal Court where the city prosecutes DUI, traffic, marijuana, and City Ordinance cases made by the Tucker Police Department. Tucker Municipal Court is located at 1975 Lakeside Parkway, Tucker, GA 30084.

One of the most common cases we see in Tucker are DUIs (O.C.G.A. § 40-6-391). In Georgia, DUI can be charged in either two ways. Driving under the Influence Per Se means the State is charging the individual with being over the .08 legal limit for drivers over 21 years old. (It is a .02 legal limit for DUI cases involving drivers under 21).

The second way a DUI can be charged is DUI Less Safe. Under Georgia law, DUI Less Safe means the person is accused of driving under the influence to the extent they were aless safe driver. We see DUI Less Safe cases where there is no chemical test, or where there is a chemical test but it is below the legal limit.

There are numerous defenses to DUI to be explored and raised. A skilled DUI defense attorney must fiercely evaluate and raise issues starting at the purpose of the stop and ultimately the probable cause in making the arrest. Factors to be assessed are the performance of field sobriety tests if any were conducted, the lack of odor or admissions, and the driving that was observed. Additionally, the Implied Consent portion of the DUI case is highly relevant in DUI defense because in order for the chemical test to be admissible in Court, the proper Implied Consent must be read after arrest, and there must be true knowing and voluntary consent to submit to the chemical test. Under Georgia law, mere acquiescence to authority is not voluntary consent. It should be noted that any refusal to submit to breath testing following an arrest is deemed inadmissible evidence given the Georgia Constitution gives the right to decline incriminatory acts. This law was clarified and confirmed in Elliott v. State, 305 Ga. 179 (2019).

In all first DUI cases, the mandatory minimum sentence is 24 hours in jail, 12 months on probation, a $300.00 fine plus court costs (nearly doubles it), 40 hours of community service, a Risk Reduction course, and an alcohol and drug evaluation and treatment if deemed necessary, and a Victim Impact Panel. The maximum sentence is 12 months in jail. On a second, or third DUI in 10 years, the jail time is increased, as well as the fines and the community service.

Remember that DUI is a misdemeanor crime that goes onto your criminal history. In Georgia, DUI can never be expunged or restricted, and thus a DUI conviction will remain on your history forever.

A DUI charge also has intense license repercussions.  If there is a refusal on the chemical test, the Officer can suspend your license for at least a year. This must be challenged within 30 days of your arrest, so time is of the essence in DUI cases. Depending on what else the individual is charged with, and how many prior DUIs he or she has, it is possible a DUI conviction could lead to a 5-year habitual violator suspension. There are ways to avoid the license suspensions associated with DUIs but there are only 30 days to file the appeal or to elect for an ignition interlock permit.

The options in City of Tucker Municipal Court are to enter into pretrial negotiations with the goal of avoiding the harsh consequences of a DUI, or to enter a Not Guilty plea and send the case to the DeKalb County State Court where motions and a trial can occur. As experienced DUI lawyers practicing in Tucker and DeKalb County regularly, we have the skill and knowledge to accomplish your goals. We are trial lawyers constantly staying on top of DUI law. If you or a loved one has been charged with DUI in Tucker or DeKalb County, call us now for a FREE CONSULTATION at 404-581-0999.

In Douglas County, driving under the influence (DUI) of marijuana is illegal and is treated similarly to a DUI involving alcohol. Marijuana DUI laws are outlined in O.C.G.A. § 40-6-391, which makes it unlawful to drive or be in actual physical control of a vehicle while under the influence of any drug, including marijuana, that impairs one’s ability to drive safely.

Unlike alcohol, where a specific blood alcohol concentration (BAC) limit is set, marijuana impairment is evaluated based on the ability to drive safely. If a law enforcement officer suspects impairment, they may arrest the driver.

1. Standard Field Sobriety Evaluations (SFSEs):

In the event of a marijuana-related DUI investigation, law enforcement officers may administer field sobriety tests to determine if a driver is impaired. However, SFSEs (such as the Walk-and-Turn or One-Leg Stand tests) are primarily designed to assess impairment from alcohol or other substances that affect motor coordination and balance. These tests are less reliable for marijuana impairment because marijuana’s effects can vary widely depending on the individual and are different than the effects of alcohol.

2. Drug Testing:

A key aspect of marijuana DUI cases in Georgia is drug testing, which typically involves a blood test to detect THC, the psychoactive component of marijuana. An officer can collect your blood if you 1) agree to a blood draw or 2) a search warrant for your blood is issued. THC can remain in the bloodstream for days, weeks, or even  months after marijuana use, long after any impairment. This creates a challenge for prosecution- just because you test “positive” for THC does not mean you are impaired at the time of the drug test or blood draw, nor does it mean you were impaired while driving. However, the presence of THC in the blood can be used as evidence of marijuana use, but it does not definitively prove impairment at the time of driving.

3. Possible Defenses in a Marijuana DUI Case:

No Impairment at Time of Driving: The most straightforward defense is arguing that the driver was not impaired while driving, even if marijuana was detected in their system. If the defendant was not showing signs of impairment (e.g., not swerving, not exhibiting erratic driving behavior), this could be a strong defense.

Challenge to Field Sobriety Test Results: As mentioned, FSEs are not be a reliable indicator of marijuana impairment. Standard field sobriety evaluations were designed for alcohol impairment. To date, there are no scientifically backed evaluations to detect marijuana impairment.

While the laws surrounding marijuana DUI in Georgia are the same throughout the state, Douglas County is more likely to see DUI cases involving marijuana due to its larger population and the prevalence of law enforcement agencies in the area, especially with Atlanta Police Department. DUI cases in Douglas County are generally handled by whatever municipality you are initially arrested in (Douglasville, etc) as well as the State Court of Douglas County. If you are arrested for marijuana DUI in Douglas County, it is critical to hire a skilled DUI defense attorney who is familiar with local court procedures and the nuances of marijuana-related DUI cases.

The jury system has long been a cornerstone of the American justice system, ensuring that a person’s fate is decided by a group of impartial peers. In criminal cases, the jury process serves as a safeguard against unjust government action and ensures fairness in trials. This blog post explores the jury process in Georgia, the role of jurors, and the concept of jury nullification.

The Jury Process in Georgia

In Georgia, as in other states, felony-level criminal trials typically proceed with a jury of twelve members who are tasked with determining the guilt or innocence of the defendant. The process begins with jury selection, or “voir dire,” where potential jurors are questioned by the judge and the attorneys. The goal is to select a fair and impartial jury that has no biases or prejudices regarding the case. During voir dire, lawyers will ask questions about jurors’ backgrounds, personal experiences, and attitudes toward certain issues to uncover any potential bias.

Once the jury is selected, the trial begins. The prosecution and defense present their cases, with both sides having the opportunity to introduce evidence, call witnesses, and cross-examine the opposition. The jurors’ duty is to listen to and examine all of the facts of the case. After the closing arguments, the jury is given instructions by the judge on how to apply the law to the facts of the case as each jury member found them to be.

After deliberating, the jury must reach a unanimous decision in order to return a verdict, of either guilty or not guilty. If the jury reaches a verdict, it will be announced in open court. In the case of a conviction (finding of guilt), the judge will then impose a sentence. If the jury finds the defendant not guilty, the defendant is acquitted. If the jury cannot reach a unanimous verdict, a mistrial is declared as the result of a “hung jury.”

The Role of the Juror

Jurors play a vital role in the criminal justice system. They are tasked with determining whether the prosecution has met its burden of proof in a criminal case. The prosecution must prove the defendant’s guilt beyond a reasonable doubt, which is the highest standard of proof in the legal system. The role of the juror is not to decide whether the defendant is morally innocent or guilty but to apply the law to the facts and evidence presented during the trial.

Jurors must listen carefully to all the evidence presented during the trial, including testimony from witnesses and physical evidence. They are also responsible for understanding and applying the law as explained by the judge. Importantly, jurors must keep an open mind during deliberations, carefully considering the viewpoints of fellow jurors and engaging in thoughtful discussion, though a juror should never give up an honest opinion to be congenial.

Jurors are prohibited from discussing the case with anyone outside of the jury room, including family members or friends. Jurors are also prohibited from doing any outside investigation, including but not limited to visiting the crime scene or searching Facebook or Google for additional facts or explanations of the law. This ensures that the decision reached in deliberations is not influenced by outside factors and that the integrity of the trial is maintained.

Jury Nullification

While jurors have the important task of applying the law in criminal cases, they also possess a controversial power known as jury nullification. Jury nullification occurs when a jury acquits a defendant despite evidence of guilt because the jurors believe that applying the law would result in an unjust outcome. Essentially, it is when jurors choose to override an existing law as written in favor of their own sense of justice or moral judgment.

Jury nullification is not explicitly recognized or encouraged by judges, and it is not formally part of jury instructions in most cases. However, the power remains inherent in the jury system. Jurors have the ability to return a verdict of not guilty, even if the prosecution has proven its case beyond a reasonable doubt. This power can be exercised in cases where jurors feel that a law is unjust or that convicting the defendant would be morally wrong, even though the defendant may have technically broken the law.

Jury nullification has played a significant role in historical legal decisions. It has been used to challenge laws that jurors felt were oppressive or unjust, such as during the Prohibition era, when juries frequently acquitted defendants charged with alcohol-related offenses.

In Georgia, as in other states, jury nullification remains a complex issue. While jurors are not typically instructed about this power, some advocates argue that jurors should be informed about their right to nullify a law if they believe it to be unjust. Others maintain that the jury’s role should strictly be to apply the law as instructed by the judge, without engaging in personal moral judgments.

Conclusion

The jury process is a fundamental part of the criminal justice system. Jurors have the responsibility to impartially apply the law and render a fair verdict based on the facts of the case. However, their power extends beyond simply applying the law; they also possess the ability to engage in jury nullification, where they can choose to acquit a defendant even when the law has been violated. This power can be both a tool for justice and a challenge to the legal system, highlighting the complexities of the jury’s role in the administration of justice.