Understanding Georgia’s Constitutional Protections Against Unreasonable Searches and Seizures: A Deep Dive into “Tackling Terry”
As a Georgia DUI attorney, I’ve spent years defending clients against charges that often hinge on the actions of law enforcement during traffic stops, searches, and arrests. Many of these cases involve the Fourth Amendment of the U.S. Constitution, which protects against unreasonable searches and seizures. However, a recent article in the Mercer Law Review […]
Read MoreWinning Georgia DUI Jury Trials with the Rule-Out Method in “David Ball on Criminal Defense
As a DUI lawyer in Georgia with over 25 years of experience, I’ve seen how challenging it can be to defend clients against DUI charges in a state with some of the strictest laws in the country. A DUI conviction under O.C.G.A. § 40-6-391 can lead to harsh penalties, including jail time, fines, and license […]
Read MoreGeorgia’s New THC Law: What’s Legal, What’s Not, and How It Could Land You in Hot Water
If you’re in Atlanta and you’ve been popping into hemp shops for gummies or CBD tinctures, you might’ve noticed some changes lately. That’s because Georgia’s latest hemp law-Senate Bill 494 (SB 494), signed by Governor Brian Kemp on April 30, 2024, and effective as of October 1, 2024-has shaken up the THC landscape. At George […]
Read MoreUnderstanding Voir Dire in a Georgia DUI Case
If you’re facing a DUI charge in Georgia, you might hear the term “voir dire” tossed around during the legal process, especially if your case goes to trial. As a DUI lawyer with over 25 years of experience defending clients across the state, I know that voir dire is one of the most critical stages […]
Read MoreBusiness Records Exception to the Hearsay Rule
Under Georgia law, the business records exception to the hearsay rule allows business records to be admitted into evidence without requiring the testimony of the person who created them. This exception is codified under O.C.G.A. § 24-8-803(6) and follows the general principles of the Federal Rules of Evidence. Requirements for Admissibility: To admit business records […]
Read MoreUnderstanding Pardon, Clemency, and Commutation in Light of President Trump’s Actions
At the Law Offices of George Creal, we understand the complexities of post-conviction relief, particularly in the context of DUI cases. With former President Trump’s recent flurry of pardons, commutations, and clemency actions, it’s an opportune moment to clarify these terms and discuss how they might apply or have been applied in your situation. Pardon: […]
Read MoreThe Unconstitutional Nature of Painful Blood Draws and Forced Surgeries in Georgia Law
In Georgia,In Georgia, as in many states, the issue of blood draws in cases of Driving Under the Influence (DUI) has raised significant constitutional questions, particularly under the Fourth Amendment of the U.S. Constitution. This amendment protects citizens against unreasonable searches and seizures, which includes intrusions into the human body for evidence collection. Here, we […]
Read MoreUnderstanding Costs of Prosecution in DUI Cases in Georgia – Insights from Attorney George Creal
Navigating the legal landscape after a DUI charge in Georgia involves understanding various aspects of the criminal procedure, including the costs associated with prosecution. Here, Atlanta DUI Attorney George Creal explains the implications of Georgia Code § 17-11-1 on defendants in criminal cases, particularly focusing on DUI prosecutions, in light of the protections offered by […]
Read MoreLab results and the right to confrontation
Drug and Alcohol Lab Results and the Constitutional Right to Confront Witnesses The Confrontation Clause, found in the Sixth Amendment of the U.S. Constitution, guarantees the right of a criminal defendant to confront witnesses against them. This has direct implications for lab results subpoenaed in DUI cases under both Georgia and Federal law. Here’s how […]
Read More