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Supreme Court of Georgia Reminds Us of the Confines of the Co-Conspirator Exemption to the Rule Against Hearsay While Overturning Murder Conviction

Earlier this month, the Supreme Court of Georgia reversed a defendant’s convictions for felony murder and two firearm charges because the trial court erred by admitting hearsay statements from an accomplice, failed to give a jury instruction on the accomplice-corroboration requirement, and erred by admitting evidence of the defendant’s involvement in two prior shooting.  This […]

Accomplice Liability in Criminal Cases

Overview Accomplice liability has been one of the more difficult concepts for clients to grasp – and for good reason. Under federal law, a person who orders, aids, abets, or assists in the commission of a crime can be charged with the underlying crime and will face the same penalties as the primary offender.   Accomplice […]

Actual vs. Constructive Possession in Criminal Cases

Many statutes relating to firearms or controlled dangerous substances require the State or Federal Government to show that a defendant unlawfully “possessed” the firearm or drugs. Many defendants are well aware of what the law considers “actual possession.” Simply put, this is when the police find a firearm or drugs on your person, or you […]

What is a Preliminary Hearing?

There are several stages of a criminal case, but one of the first substantive steps will be the Preliminary Hearing. The Preliminary Hearing generally takes place within weeks of an arrest, but the hearing is not an opportunity to adjudicate whether the Defendant is innocent or guilty. Instead, the purpose of the hearing is to […]