Criminal Defense Archives - Moffitt Law, LLC

0 Theft by Taking vs. Deception in Georgia

Under Georgia law, there are several different types of theft offenses. Each criminal offense has different elements that must be proved by the prosecutor (i.e., the state of Georgia) in order to successfully get a conviction. These offenses include theft of services, theft by shoplifting, theft by extortion, theft by conversion, and theft of lost […]

0 Sealing or Expunging a Criminal Record in Georgia

In the state of Georgia, like many other states across the country, a criminal record may be erased under specific circumstances. This process is often referred to as restricting, sealing, or expunging a criminal record. Once a criminal record has been restricted in Georgia, it may only be accessed by criminal justice officials for particular […]

0 Types of Evidence Presented in Georgia Criminal Trials

Of note, the prosecution (i.e., the government) has a legal duty to preserve certain types of evidence that it collects during criminal investigations and prosecutions. This duty exists to protect the accused’s rights to due process and right to a fair trial under the United States Constitution’s Sixth and Fourteenth Amendments. The government has a […]

0 “Terry Stop” versus Arrest – Understanding the Difference in Georgia

In today’s America, it is critical for everyone to be aware of his or her constitutional rights. One critical right is the Fourth Amendment’s protection against unreasonable searches and seizures, as well as the requirement that no warrants shall be issued except upon probable cause. An encounter between a private citizen and a law enforcement […]

0 Voir Dire: The Importance of Jury Selection in Your Georgia Criminal Case

While the attorneys’ opening and closing statements are extremely important parts of a jury trial, the process of voir dire gives the attorney the ability to best sift out a juror’s biases and beliefs. Originating from the French oath meaning “tell the truth” or “give a true verdict,” the ultimate goal of jury selection is […]

0 Hit & Run Accidents: What You Need to Know About Georgia Law

The National Highway Traffic Safety Administration (NHTSA) has reported that fatal hit and run accidents are on the rise. This trend is across the country, and Georgia is no exception. While there may be several reasons why a person may leave the scene of an accident, it is important to understand that doing so is […]

0 Guilty Plea: Why You Should Not Do it When You’re Innocent

If you or someone you know has ever had a run-in with the criminal justice system in La Grange, Georgia, you may have heard about or been offered the option to enter a plea bargain. In a plea bargain, the accused is offered an arrangement by the prosecutor in which the accused pleads guilty to […]

0 How the Legal Doctrine of Self-Defense Works in Carrollton Criminal Cases

It is not uncommon for many to think of “self-defense” when hearing of Georgia defenses in criminal cases. To be sure, the American news media across the country has put out confusing information about this particular legal defense, making many think that it is easy to use self-defense in a criminal case to justify actions […]

0 How a Nolo Contendere Plea Affects Your Columbus Criminal Case

Generally speaking, simple traffic violations in Columbus result in a traffic ticket. These violations are considered simple infractions. That being said, if the Columbus traffic offense is a more serious one, it can lead to misdemeanor or even felony charges. When that happens, it may be classified as a criminal offense, and be more complicated. […]

0 Main Types of Evidence Used to Prove Sex Crimes

Few news items garner the attention or focus that allegations of a sex crime can generate, nor the imposition of a level of negative notoriety on the accused. Unfortunately, the repercussions of the mere suspicion a person committed this type of offense are enough to turn friends, neighbors, and even family against a person. The […]

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