The Dangers of Eyewitness Testimony in Georgia

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A number of cases have been overturned in recent years due to newly discovered DNA evidence. Many of those convictions were based on false eyewitness identifications. Most of the eyewitnesses did not lie, they just “misremembered.” That is the danger of this sort of testimony because the witness may be genuinely unaware of the inaccuracies in their testimony.

One underlying issue with eyewitness testimony is a misunderstanding of how memory works. The act of remembering is more akin to putting puzzle pieces together rather than retrieving a video recording. A memory can be distorted over time or from misinformation provided by third parties. For these reasons, it is critical to document one’s memory as close in time to the actual event as possible. If you have eyewitnesses that you believe can be beneficial to your case, then you should always get them to write down as many details as possible while the memory is fresh before time and outside influences can distort that memory. For police purposes, the identification process should be videotaped if possible, and the witness should be told that the suspect may or may not be in the lineup.

There are a multitude of issues that could result in a false identification. Recognizing those issues in your criminal case is something that may require a second set of eyes. Feel free to call our office for a free consultation at 404-581-0999.

Marietta Driving under the Influence (DUI) Lawyer

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by Mary Agramonte

If you or a loved one has been charged with a Marietta DUI, contact our firm to speak with experienced DUI attorneys on how to best defend your case. Experienced Marietta lawyers in our firm are available any time, including nights and weekends, to provide you with the best possible outcome and advice. We can be contacted 24/7 at 404-581-0999 and provide free consultations.

Our firm consists of six highly trained Marietta and Cobb County attorneys. We have an office near the Marietta Square and Cobb Courthouse – with the Peach State Lawyer Hummer parked out front. W. Scott Smith has 18 years of DUI under his belt, and is active The National College of DUI Defense, Georgia Association for Criminal Defense Lawyers, The Lawyer Club of Atlanta, the Cobb County Bar Association and the Sandy Springs Bar Association. Mary Agramonte is an associate of W. Scott Smith and is a Marietta and Cobb County DUI lawyer and has successfully completed multiple advanced DUI seminars, as well as attended the renowned Bill Daniels Trial Lawyers College.

The address of Marietta Municipal Court is 240 Lemon St NE, Marietta, GA 30060. It is located in the same building as the Marietta Police Department. This court handles all cases where defendants are charged with traffic misdemeanors and local ordinances within the City of Marietta in Cobb County. The City of Marietta has its own police department, and so if you are arrested for a DUI in Cobb County by a Marietta Police Officer, your case will begin in the Marietta Municipal Court.

If you have been arrested with a DUI in Marietta or in Cobb County, our lawyers are ready to fight to avoid a DUI conviction. We are a group of knowledgeable attorneys prepared to defend against your Cobb County DUI in order to best protect your freedom and your license. If you have been charged with Driving with a Suspended License, a Super Speeder Speeding ticket, or Possession of Marijuana, and your case is in the Marietta Municipal Court, then call a law firm with the experience necessary to achieve the most favorable result for you.  We are available 24/7 to speak with you about your Marietta DUI or Marietta traffic case at 404-581-0999.

Jury Selection in Georgia

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Jury Selection or  to use the legal term “Voir Dire” (meaning  in Georgia the questioning of prospective jurors by a judge and attorneys in court) is very similar to the process in other states and federal courts. The judge asks certain statutorily required questions such as, “can you be impartial?” and jurors rarely indicate anything contrary to what the judge is asking. Later, the prosecution or “State” asks a series of questions that are usually scripted and have very little variation based on the particular charges in the case. Finally, the defense gets a chance to ask a few questions.

While most defendants would love to know what jurors will find them not guilty, the best case scenario in most counties is finding jurors who are willing to be fair and listen to all of evidence before making up their minds. Most judges and prosecutors will object vehemently when defense attorneys try to educate jurors as to a particular defense or interject specific facts into their minds prior to the start of the trial. You have to find a way to gain open and honest answers on the limited questions you are allowed to ask and find a way to really weed out the jurors that you do not believe can give you a fair shot. That is the art of jury selection. It requires the ability to read the prospective jurors and recognize when a juror is being untruthful. When that happens, you cannot attack that juror and accuse them of lying. You have to politely inquire further into their position and attempt to gain further insight into why they feel the way they do. You can’t change the way someone feels, but hopefully you can find out how they truly feel before you let them on your jury. If you plan on going to trial, you need an experienced attorney to ensure that you do not lose your case before the first piece of evidence is presented.