Taking the stand in your own case is one of the most consequential decisions you may have to make when facing criminal charges. It’s something that can shape the direction of your entire case, which is why it demands careful thought. First, it’s important to...
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T. Rabb Wilkerson, III
Criminal Defense
How “Austin’s Law” can result in decades behind bars
Ingesting even a tiny amount of fentanyl, as many people know, can be fatal. This synthetic opioid is about 50 times stronger than heroin. Many victims of fentanyl poisoning thought they were taking some other kind of drug – maybe even a prescription or...
How to use your right to remain silent
Under the Fifth Amendment, anyone who is being questioned by the police has a right to remain silent. They cannot be forced to answer questions, and they cannot be forced to incriminate themselves. Whether you are guilty or innocent of the allegations you are facing,...
When is it possible to suppress the prosecution’s evidence?
Prosecutors need to present evidence that proves beyond a reasonable doubt that a defendant broke the law to get a guilty verdict. Under the right of discovery, defendants and their attorneys can access and review the state’s evidence before the trial begins to...
Can police officers lawfully pat people down to search for drugs?
State law prohibits the possession or consumption of numerous drugs. Hundreds of others are subject to controlled substances laws that make them legal only when used in accordance with a doctor’s instructions and obtained directly from licensed providers, such as...
Most false convictions involve eyewitness mistakes
Those who are facing criminal charges sometimes take solace in the idea that the justice system is weighted in favor of letting guilty people go free so that innocent people are not put in jail. The standard of proof is very high, as many crimes require proof beyond a...
When does drunk driving become a felony in Georgia?
Drunk driving or driving under the influence (DUI) offenses are relatively commonplace. Many drivers in Georgia get pulled over for questionable driving or failed chemical tests after collisions. Most of those motorists face misdemeanor DUI charges. However, Georgia...
How long can drivers lose their licenses after a DUI?
The criminal courts are supposed to hand down sentences that reflect the nature of a criminal offense at issue. State statutes dictate the sentencing guidelines for different criminal offenses. The law provides minimum and maximum penalties in many cases. Motorists...
Can you bring recreational marijuana into Georgia?
In many states, marijuana has been legalized for adult recreational use. This trend largely began in the western part of the country, with states like California, Washington, Oregon and Colorado. It has since spread across the United States, including nearby Virginia....
Reckless driving is a misdemeanor, not a “simple” ticket infraction
Most drivers think nothing of pleading guilty to traffic offenses. That is essentially what happens when they pay their tickets. After a police officer issues a citation accusing them of breaking the law, they pay the fine and move on with their lives. In some cases,...
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