Business 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 MoreGuide to Lien Foreclosure on Vehicles Abandoned at Repair Shops
To obtain a title for a car abandoned at a car mechanic in Georgia, while specifically citing the relevant sections of the Official Code of Georgia Annotated (OCGA), here are the steps involved: 1. Identify the Abandoned Vehicle: – Under OCGA § 40-11-1, an abandoned motor vehicle includes one left on private property for at […]
Read MoreNavigating Georgia’s DUI Laws: Understanding the 500-Foot Rule for Towing in Paid Parking Lots near bars and restaurants that serve alcohol
If you’re like many Georgians, you might enjoy an occasional evening out at a local bar or restaurant. However, a night of fun can sometimes lead to unintended legal issues, particularly when it comes to parking and potential towing. Here at George C. Creal Jr, PC, Trial Lawyers, we understand the complexities of DUI laws […]
Read MoreCan evidence found after an illegal arrest be used against me in court?
Beck v. Ohio, 379 U.S. 89 (1964), is a pivotal U.S. Supreme Court case addressing the issue of evidence obtained through an arrest without probable cause: Facts: On November 10, 1961, William Beck was driving in Cleveland when police officers, acting on unspecified “information” and “reports” about his involvement in gambling, stopped him without an […]
Read MoreGeorgia Right to a Constitutional Speedy Trial
The Supreme Court case of *Barker v. Wingo* (1972) is a landmark decision regarding the Sixth Amendment right to a speedy trial in the United States. Here’s a summary: Parties Involved Petitioner: Willie Mae Barker Respondent: John Wingo, Warden (representing the state) Background Barker was charged with murder alongside another defendant, Silas Manning. The state […]
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