Trial courts can dismiss cases for want of prosecution even when the practical effect of such dismissal will be to bar further prosecution as, for instance, where the statute of limitations has run.
A look at the recent case of Gowen v. State (2021) regarding a vehicle search based on odor of cannabis.
The State must observe the same limitations on modification or clarification of sentences that apply to defendants and their attorneys. The State's effort to re-write the sentence in this case to increase the prison time came too late.
Georgia Parole Board is considering many for earlier parole based on coronavirus dangers.
Interesting development regarding government use of tracking devices. Subject of surveillance charged with theft when tracker goes missing even with absence of evidence that he actually did anything to the tracker.
According to the Atlanta newspaper, the Georgia Senate is studying the issue of persons with felony convictions being able to vote, particularly those charged with non-violent offenses. This is apparently a very early discussion and hearing on concerns about the issue, with not a lot of particul...
Suspect compelled to unlock phone for Government using thumbprint sensor.
States across the country facing challenges in marijuana prosecution based on hemp legalization.
Look out, the troopers will be on the roads in high numbers enforcing the speed limits while Operation Southern Shield is in effect.
How will the new Georgia Hemp Bill change the way that we deal with marijuana cases?
GBI to Contract with Private Laboratories for Some Drug Analysis Testing
Legislative Update: Criminal Gang Activity Definition Expanded
2019 Changes to the Georgia Rape Shield Statute
2019 changes to the Georgia battery statute
Georgia creates crime of sextortion
Georgia has added legislation modifying criminal improper sexual contact.
New Georgia law creates an easier pathways for prosecutors to pursue nuisance actions against property owners and operators whose property is used for prostitution or sexual servitude.
2019 Changes to the Georgia pimping and pandering and prostitution laws.
Changes to Georgia's DNA laws include provisions for preserving evidence which can be tested for genetic material for an extended period of time. It also allows for the collection of DNA material from persons sentenced under the First Offender Act or conditional discharge statute.
Legislative Update: Georgia Legislature Provides Protections for Pregnant Women Detainees and Inmates
The new law takes effect on October 1, 2019. It applies to pregnant women, women during labor or delivery, and women in the immediate (6 weeks after delivery) post-partum period. Pregnant women are not to be required to squat or cough during a strip search if they are in their second or third t...
A quick look at new criminal offenses created by the Georgia General Assembly this year. This post takes a look at the new offenses of Staging a Motor Vehicle Collision and Aggravated Staging.
Needle exchanges now on the right side of the law in Georgia
Kratom is now illegal for minors.
Georgia has updated its old crime of Transmitting a False Alarm. The main purpose however was to include provisions to combat the act of swatting, whereby the use of police response to an emergency is weaponized to cause problems for the recipient.
Litigants and Witnesses Should be Allowed to Have Their Cell Phones.