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October 2016 Archives

Factors that affect a breathalyzer's accuracy

In most DUI cases, the breathalyzer data is the prosecution's star witness. Many people think that if the breathalyzer shows an elevated blood alcohol count, there is no way to fight the case. However, breathalyzer evidence is not watertight. There are several factors that can impact accuracy. When breathalyzer data becomes potentially invalid, DUI cases may get thrown out. Even when the machine itself is functioning at peak performance, outside factors can result in a false high reading.

What are drug diversion programs?

Many of our readers may have heard of drug diversion programs and wondered what they are and how they might help when an individual has been accused of a crime. In some circumstances, Georgia residents who are accused of crimes may qualify to have the charges against them dismissed if they complete certain agreed upon conditions. When the accused individual completes the required conditions, the prosecutor will dismiss the charges. There are different terms used in the criminal justice process to describe deferred prosecution, which may be used in a variety of circumstances, and drug diversion programs is one of them.

What are the basics about plea bargains?

Many instances of accusations related to criminal charges result in plea bargains as part of the criminal justice system. As part of a plea bargain, the accused individual agrees to plead guilty to some or all of the charges they are facing in exchange for concessions from the prosecutor in charge of the case, such as a reduced sentence. Plea bargains are primarily viewed as an expedient method of handling cases for the criminal justice system and are very common.

What are plea bargains used for in Georgia?

Many instances of accusations related to criminal charges in Georgia result in plea bargains inside the criminal justice system. As part of a plea bargain, the accused individual agrees to plead guilty to some or all of the charges he or she is facing in exchange for concessions from the prosecutor, such as a reduced sentence or other considerations. Plea bargains are primarily viewed as an expedient method of handling cases for the criminal justice system and are somewhat common.

How to challenge evidence used against an accused individual

Individuals who have been accused of, and charged with, a crime may have concerns about the evidence being used against them. In such circumstances, it is important to be familiar with criminal defense rights to determine if alleged evidence against the accused party was collected illegally or in violation of those rights and is then inadmissible against the accused individual.

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