False Confessions: How Speaking to Police Can Ruin Your Life!

Why were you speaking with the Police in the first place? You rarely (I mean winning the lottery rare) will convince an officer of your innocence. If you ask any Georgia criminal defense law firm worth their salt, the first things they say are “DON’T TALK TO POLICE” & “DON’T CONSENT TO A SEARCH.”  Yet the majority of people they contact eventually make statements and rant permission to conduct a search.

At some level, every officer has training to engage and solicit information from you.  They are trained to extract that one statement that can be twisted, turned and spun to hammer one more nail in your guilty coffin.  In Georgia, the state has even offered a class to officers called – Verbal Judo!  This class is specifically designed to play on human nature to obtain statements from you.

PLAYING THEIR GAME

In the 1980’s movie WARGAMES, the Super Computer comes to the conclusion that the only way to win the tactical nuclear war was not to play the game.  Criminal Defense is a wargame.  In most cases, the only way to win and walk away free is to not play the game.  Unfortunately, many of my clients have neither seen the movie nor understood how quickly their life can change by playing nice and speaking with the officer.

As a simple example:  In a DUI case, the police report contains a checkbox for the officer to note if a person was cooperative.  The officer considers you cooperative if you answer their questions.

My client may be polite, cause no  problems and go through the process with no issues.  But, the simple fact that he elected to invoke his right to counsel and not answer any questions makes him uncooperative in the officer’s mind.

HOW A GEORGIA CRIMINAL DEFENSE LAW FIRM ATTORNEY CAN HELP

When I unwind the officers though process and why his opinion is that my client was uncooperative, the jury is normally looking at the officer a little differently.  My job is to show the jury the unreasonableness of the investigation and the bias of the officer’s findings.  Imagine… invoking your right to counsel equals being uncooperative! So, you are damned as uncooperative if you don’t play their game, and most often screwed if you do!

The officers will make you feel comfortable, they will obtain your background information, family history, talk about the local sports team.  Once they have you talking, they will tell you something like:

“We need your help to understand some things…”  “We were told or found out these facts, we know you were there, can you fill in the pieces for us…”

They will flat out ask you of you have and explanations for how the crime was or could be committed.  They may suggest that they can help obtain a more lenient sentence, or telling them the information will help the family understand.  It is human nature to help others.  They are asking you for your help and you have to fight the urge to give them any information.  The bottom line is that opening your mouth can lead to any number of bad results including drug searches, arrests, DUI cases being prosecuted because of statements you made and jail or prison time!

WHY INNOCENT PEOPLE MAY CONFESS

A false confession may arise due to one’s intoxication, ignorance of the law, the threat of a harsh sentence, or by completely misunderstanding the situation.

Generally speaking, one will confess if they believe they can obtain a benefit.  The benefit may be their belief they will be removed from the stressful situation they are in (get out of jail, get to keep their property, their kids won’t be taken by the state etc…)  It take allot of cajones to stand your ground, invoke your right to remain silent and continue not to answer their questions.  You will never convince them of your innocence.

Before speaking with the police, schedule your FREE consultation with an attorney at the George McCranie Law Firm.  If you or anyone you know has been charged with a Felony or Misdemeanor in Georgia, please give us a call at (912) 383-7581, email us at GeorgeMcCranie@ McCranielawfirm.com or contact us.

I have successfully defended thousands of felony and misdemeanor cases and when you are the target of an investigation. Please don’t hesitate to call (912) 383-7581.

Download FALSE CONFESSIONS: HOW SPEAKING TO POLICE CAN RUIN YOUR LIFE!

Can I get charged with a felony if me and my friend were both caught stealing?

Question:

Can I get charged with a felony if me and my friend were both caught stealing?
So, my friend and I went to Walmart and we were both putting stuff in the cart. I was scanning the items in the cart, when she walked out with some stuff we haven’t paid for. I was still in the store when they rang the items up and it came to a total of $744, but half of the stuff was hers can they still charge me with what she stole?

Answer:

The short answer is – Yes.

The long answer is – Because you were both participating in the theft of the goods you both can be charged with a Felony based on the total amount of goods they claim were stolen. In this case $744 makes the theft a felony under Georgia law. I would recommend that you hire the best Criminal Defense Attorney (one that has years of experience practicing Georgia Criminal Defense and who regularly practices in the same court as your charges) that is available to you – ASAP!

-George McCranie
The George McCranie Law Firm
Offices in Valdosta & Douglas. GA

What would punishment be for first time shoplifting value of items $20.00 or less no previous charges?

Question:

What would punishment be for first time shoplifting value of items $20.00 or less no previous charges?

Caught with items in bag after checking out and purchasing some stuff. Issued ticket booked and bonded out on cash bond have to attend court.

Answer:

This is a Misdemeanor Shoplifting charge in Georgia. Because it is a Misdemeanor it carries a penalty of up to 12 months in jail and/or a fine up to a $1,000. Based on your lack of any criminal history I would not expect a prosecutor to want jail time for this offense. If you Plead Guilty to the charge you should expect – a period of probation, pay probation fees, fine plus court costs and fees, community service, attend a Class that explains why you should not shoplift and be banned from the store where the merchandise was taken.

However, if you Plead Guilty or are Convicted of this Shoplifting charge, it will NEVER come off of your Criminal History. Georgia has some of the strictest laws regarding Convictions and Criminal Records in the nation. Your best option would be to avoid a Conviction on this charge if it is at all possible.

I would advise you to hire an experienced attorney at a reputable Georgia criminal defense law firm to represent you on this charge. The attorney may be able to resolve your case without a Conviction. There may also be other options such as a Diversion Program that would prevent a Conviction and therefore protect your criminal record. I hope this information is helpful to you. Good Luck!

George McCranie – Offices in Valdosta & Douglas, GA

Are Escorts Legal in Georgia?

Question:

Are escorts legal in Georgia? If a person hires an escort they go out to movies and dinner then later on have sex, is it legal? This is just a question trying to see if it’s different from prostitution. Someone said Georgia escorts are legal in some areas and they offer companionship, so it’s different.

Answer:

Paying someone for their company or companionship is LEGAL in Georgia. For example, many sports figures or celebrities have paid companions that accompany them to public events. The companion is there simply to make the star look popular or glamorous.

However, paying a person in return for sex is NOT LEGAL in Georgia. You should be aware that Georgia Escort Services while technically legal in Georgia can be a front for otherwise illegal activity. In my opinion it would be a hard to convince a jury that you paid for companionship and the person enjoyed your company so much that ya’ll had sex & the money you paid was not for sex, but just for their spending time with you. My advice is that if you are concerned that what you are wanting to do could be illegal, listen to your inner voice and don’t take a chance on being charged with a crime!

I hope this information is helpful to you. To learn more, speak to an attorney at an experienced Georgia criminal defense law firm.
George McCranie – Offices in Valdosta & Douglas, GA

Can I date and have a sexual relationship with someone as long as there over the age of 21?

Question:

Can I date and have a sexual relationship with someone as long as there over the age of 21?

“Im a 29 yr old registered sex offender I was put on 15 yrs probation for statuary rape.”

Answer:

There isn’t a standard set of requirements for each Sex Offender probation sentence in Georgia. Judges can and often do set case specific probation requirements. In your case I would follow the old saying, “An Ounce of Prevention is worth a Pound of Cure”. It would be advisable to make sure you don’t violate any of the specific terms of your probation rather than risk a Probation Revocation.

I would suggest that you contact your Probation Officer and find out exactly what restrictions/terms were set by the court in your specific case. By doing this you can avoid a possible violation of probation and not have to worry about being sent to prison because you didn’t know the terms and conditions of your probation. I hope this information is helpful to you. A Georgia criminal defense law firm can help.

If two codefendants share an indictment charged with murder and one receive manslaughter isn’t the other also entitle to the same.

Question:

If two codefendants share an indictment charged with murder and one receive manslaughter isn’t the other also entitle to the same.

“2 codefendants under the same indictment with a charge of murder. One defendant goes to trial the other take a deal to testify. And though charged with murder was sentenced manslaughter even though they where indicted on murder while the one that went to trial was sentenced murder.”

Answer:

This exact situation is played out time and time again in Georgia & all over the United States virtually every day. It is very common for a Co-Defendant that Negotiates a Guilty Plea to a Reduced Charge or a Reduced Sentence to get a better deal than the one that goes to Trial and is Convicted. Being able to Negotiate a better deal for a Defendant is one of the skills that an experienced Criminal Defense Attorney brings to the table when they represent a person charged with a crime.

The person that went to trial certainly has that right and probably should exercise it in cases where the state has a weak or problem case. However, going to Trial and Loosing often means receiving a harsher sentence from the Judge than the Co-Defendant that entered a Negotiated Plea. There is nothing unusual about this type of situation, it happens all the time in criminal cases. I hope this information is helpful to you. To learn more, contact a Georgia criminal defense law firm.

George McCranie – Offices in Valdosta & Douglas, GA

How does a person involved in a wreck, that wasn’t driving be charged with vehicular homicide in the first degree?

Question:

How does a person involved in a wreck, that wasn’t driving be charged with vehicular homicide in the first degree? Two people were in a wreck. The driver died, the passenger lived but is charged with vehicular homicide in the 1st degree.

Answer:

Your question is very short on facts that would give enough details to be able to give an informed answer. Based on my experience, it would appear that the investigating law enforcement agency believes that the “passenger” was actually the Driver of the vehicle. These cases are usually investigated by a GA State Patrol SCRT TEAM. All types of evidence can be used to determine who was driving the vehicle – witness statements and injuries sustained in the wreck (such as bruises from seatbelts) are often used to determine the driver. I would advise the “passenger” to retain the best Georgia criminal defense law firm that is available to them – ASAP!!! Vehicular Homicide 1st Degree is a very serious charge and the passenger needs competent representation – NOW! Good Luck!!

How Do I Get My Money Back from a Bond if I was Found Not Guilty?

Question:

Got bonded out for 5 months couldn’t keep up with my payments so I went back to jail for a year we’ll until my trial date…. Trial came and I was found NOT GUILTY in both of my felonies.. Can I get my 4,000 dollars back? Or is it a no go?

Answer:

Congratulations on your Acquittal!!! If you used a Bonding Company it is probably a “No Go” to get your money back that you paid the company. If you posted a $4,000 Cash Bond to the Court, you should be able to get that money back from the Court. But based on your question and the information about no being able to “keep up” with your payments, it sounds like you used a Bonding Company. If this is correct you are probably not able to get anything you paid them back. But the up side is that you WON at Trial!!!

– George McCranie
Offices in Valdosta & Douglas, GA

What happens when evidence is handed over to the DA?

Question:

My boyfriend had his bond reduction hearing today and his public defender handed over evidence to the DA that she believes will exonerate him. My question is, what happens now? Will he get another court date? Does the DA have a certain amount of time to look at the evidence? I don’t really know anything about the whole process and any information will be helpful.

Answer:

In Georgia there isn’t a time limit on how long the DA has to review the evidence presented to them by his attorney. The State is required to file charges within 4 years for most Felony charges and within 2 years for Misdemeanors. I would suggest that you talk to your boyfriend’s attorney because the attorney will have a better idea of what is going on in his case. Keep in mind that the DA works on his own schedule and has many cases to handle – so your boyfriend’s case may not be a priority. I hope this information has been helpful. Good Luck to your boyfriend!

– George McCranie
Offices in Valdosta & Douglas, GA

I missed 2 different court dates due to inconveniences and now have cash bonds on both. What can I do to have the bonds reduced?

Question:

The first missed date,I had been to court previously on the charge of harassment.. Upon the last scheduled date.I didn’t have the funds to travel the 375 miles to get there…The presiding Judge issued a warrant,along with a $1000 cash bond upon my arrest. I’ve gathered new info on the case that should free me of any wrong,and the maliciousness of the prosecution. How do I handle this situation on a fixed income? Please Help!!!

Answer:

Unfortunately, missing court dates because of “inconveniences” to you doesn’t matter to a Judge. Unless you have been excused from attending court by the Judge – you still MUST APPEAR. As a result of missing the court dates you are now in a mess (pending Bench Warrants) and you should retain a local attorney ASAP. If you are financially unable to hire an experienced and knowledgeable Georgia criminal defense law firm, you should file an application for representation with the Public Defenders office.

I would recommend that you be represented by an attorney at ALL STAGES of your criminal case. If you are not represented by an attorney you are at a severe disadvantage and you may not be able to take full advantage of the “new info on the case” that you have found. Hiring an experienced and knowledgeable local defense counsel could be the best investment that you could make at this point in your case. I hope this information is helpful to you. Good Luck!!! George McCranie www.mccranielawfirm.com

Can they do this? Is this an actually law even if I didn’t a hear to it? What can I do?

Question:

Can they do this? Is this an actually law even if I didn’t a hear to it? What can I do?

“My boyfriend is in jail because of a simple battery charge. This is his second charge, but with different people. The first with his step dad and the second with me. The charge that involves me is being treated way different than the one with his step dad. Supposedly they have a “stay’away” order between us. I can’t visit him,write him, basically nothing.

BUT I haven’t seen a judge or seen/signed any papers enforcing this. This was not the case at all with his dad. He could see him and everything. And the assault on him was actually physical. The charge with me was an argument. He got charged because he wrapped his arms around me. Trying to talk. I don’t understand why they are keeping us away from each other and threatening to lock me up if I try and come to visitation. The DA said I had to talk to the judge but he want return my calls. That’s if the courthouse is even giving him my messages.”

Answer:

In a Domestic Violence case like yours it is common practice for there to be a “Stay Away” order. The “stay away” order is designed to protect the victim in the domestic violence case. In my area of the state (south Georgia) it is virtually automatic. You mention that the DA told you that you would have to talk to the judge – that means in Court. It doesn’t mean that you should call the judge on the telephone and request the “stay away” order be removed.

There are basically two ways that this issue can be addressed.

  1. At your boyfriends next court appearance you could appear and request the Judge to remove the “stay away” order. You will need to provide the Judge with all of the reasons that you believe the “stay away” order should be removed. Be prepared to face questioning about what happened during the argument and in any other previous incidents that have occurred between yourself and your boyfriend.
  2. Your boyfriend’s attorney could request a modification of the “stay away” order. The attorney could then prepare and present the necessary arguments and facts that would support the request to remove the “stay away” order.

Probably the best thing that could happen is for your boyfriend to be represented by the best Georgia criminal defense law firm that is available to him. His attorney could then address this situation and work to resolve the charges in an efficient manner. I hope this information has been helpful to you.

George McCranie – Offices in Valdosta & Douglas, GA

Does everyone have a Lafler Frye Hearing?

Question:

Does everyone have a Lafler Frye Hearing?

“My husband was scheduled for a Lafler Frye Hearing and I wanted to find out what is this usually for and why not all people have this hearing scheduled involving their criminal cases?”

Answer:

The reason that a court would have a Lafler Frye Hearing is to have the States Plea Offer on the official court record. I practice in south Georgia and I’m not aware of any courts that actually call this type of hearing by the case names. Many times the governments plea offer to the Defendant is placed on the record, but generally the hearing isn’t called a Lafler Frye hearing. Having this type of hearing is a good idea because that way there is no question that the Defendant was aware of the states plea offer before proceeding to trial. So in your husband’s case, having this hearing will insure that he is fully aware of the states plea offer before he makes a decision to go to trial. I hope this information is helpful to you. Good Luck to your Husband!

George McCranie – Offices in Valdosta & Douglas, GA

Can a Criminal Defendant be Successful in a Motion to Suppress for Deprivation and Violation of Georgia Constitutional Rights?

Question:

Can a criminal defendant be successful in a motion to suppress for deprivation and violation of Georgia Constitutional Rights? Someone I know is going to represent themselves, thinking they are being deprived of the right to the court by being deprived of petitioning materials that are needed to develop written motions and pleadings.

He plans on filing a motion to dismiss for violation of Article I Section I Paragraph I, II, XII and XVII of the Georgia Constitution believing that by depriving him of legal material, the State is depriving him of his liberty of defending himself without proper process, the equal protection of the constitution, and him of his rights.

So, can he be successful on the motion to dismiss and if not can he appeal the judgment of the motion or does he have to wait to appeal on those grounds until after conviction? Also, can he win a jury trial for the violation of rights, those rights, if it is brought up?

Answer:

From my years as an Assistant District Attorney, I have found that this is a common claim. It is usually made by defendants that are incarcerated and taking advice from the “jail house lawyers” that are also incarcerated. These “jail house lawyers” are in jail with your friend.

If this type of motion was successful they should be OUT OF JAIL – but they are not! I highly advise your friend to obtain an attorney to represent him or at least accept the service of a public defender. Representing yourself is usually NOT a good idea!! I hope this information helps your friend.

What Happened During a License Hearing After Getting a DUI? I’m Interested in Hearing What the Process is Like.

Question:

What happened during a license hearing after getting a DUI? I’m interested in hearing what the process is like.

Answer:

The hearing is called “Administrative License Suspension” hearing a/k/a ALS Hearing. You must request (file) a hearing within ten business days and include a $150.00 payment to the State of Georgia to receive a hearing. If you don’t follow this procedure, your license will be administratively suspended, (and you haven’t been convicted of a DUI). The hearing is limited to the issues that are listed on the back of the DDS Form 1205 that you should have received from the officer.

Your DUI attorney can cross-examine the officer(s) that testifies for the State. Many times Drivers don’t win the ALS hearings. But, the cross-examination of the officer can produce the testimony (evidence) that you need to help you win the actual DUI case. You should retain the most experienced and qualified DUI attorney that is available to you ASAP.

The attorney may be able to reach an agreement with the officer before the hearing. Finally, if you lose the ALS hearing it does not mean that you are found guilty of the DUI. At the ALS hearing the court can only order the administrative suspension of your license. The ALS court cannot sentence you to jail or any other penalty available to the criminal court.

I hope this information has been helpful.

I Have Had My CDLs for 3 Years.

Question:

I have had my CDLs for 3 years. I recently had a wreck on a 4-wheeler and was charged with another DUI. No vehicles involved. I also had a DUI in 2003. Will I be able to get another CDL?

Answer:

In Georgia a 4-wheeler is considered a motorized vehicle and you can be charged with DUI while riding one. The rule in Georgia is two (2) DUI convictions will result in a lifetime disqualification for a Commercial Driver’s License. I recommend that you seek the assistance of a competent Georgia criminal defense law firm in order to maintain your CDL license and avoid any negative financial consequences.

Georgia Has Rules for Vanity License Plates

Which tags are too vulgar or offensive for the State of Georgia to issue? For example some rejected tags are: EROTIKA and FOXIE 1. Also in order to defend religious, philosophical and political expression the State has also rejected to okay: GODROCKS, GODWHO, ILUVGUNS, and GAYPWR.

So how do the employees at the Georgia Department of Revenue decide which tags to allow? Well, they rely on the Georgia Statute that regulates “prestige plates.” The law does not allow language that the community considers obscene, language that ridicules a person, group, religious belief, race/ethnicity or profanity.

There are over 90,000 vanity or prestige tags issued in Georgia. Over 10,000 have been rejected or banned by the state. The Atlanta Constitution’s article on this subject gave some good examples, “The Department doesn’t like HVYGUNS but 1BIGGUN is fine. GOTBEER? Not in Georgia. LOVWINE? Go for it. BELLY? Yay. UTERUS? Nay. 44JESUS? Sure. 5JESUS? Absolutely not. ENGLAND, SAUDIA & SYRIA? Not offensive. IRAQ and IRAN2? Offensive.”

If an offensive plate slips through and onto the roads the State can revoke the tag when they are told about them – usually by an offended driver.

Are vanity plates worth the trouble? The specialty tag fee added to the State’s coffers – $2.3 million in the previous fiscal year. However, this may not be enough to outweigh the legal costs if the State is ever sued on free speech grounds.

Other States have been sued on free speech grounds and lost – because North Carolina planned to offer a pro-life tag and not a pro-choice tag as well, a U.S. District Judge found the tag was unconstitutional. The theory was the State would be favoring one political viewpoint over another. Vermont banned all religious speech and the Federal Appeals Court found this practice unconstitutional. The Court found that this would favor secular speech over religious expression.

Is Georgia’s law and helter skelter approval process legal? – We’ll see – it hasn’t been challenged in court – yet!