Call Firm NowPhone: 404-492-5545Fax: 404-378-0717
309 Sycamore Street Decatur GA 30030 U.S.A. DeKalb Co. View Map

Criminal Law

Presenting and Objecting to Evidence
In order for a court to consider evidence presented in a case, the evidence must be properly presented to the court for admission. Presentation of evidence may be undertaken in a variety of ways. More...
Motions to Suppress Evidence
A defendant may file a motion to suppress evidence during the pretrial phase of her trial. A motion to suppress is filed when the defendant is seeking to exclude evidence on the basis that it was illegally obtained. The evidence may have been obtained in violation of the defendant's right against unreasonable searches and seizures as provided under the Fourth Amendment of the United States Constitution. The evidence may have been tainted by other illegally obtained evidence, thereby supporting the defendant's assertion that it should be excluded. More...
CONFESSIONS & MIRANDA WARNINGS
The Fifth Amendment of the United States Constitution requires that no person shall be compelled in any criminal case to be a witness against himself. The self-incrimination privilege of the Fifth Amendment means that a person cannot be compelled to give a testimonial communication to a police officer. More...
CONDUCT & CAUSATION
A defendant's conduct does not constitute a criminal offense unless the conduct is prohibited by a statute, a municipal ordinance, or a rule. The word "conduct" means an act or a failure to act. The word "conduct" also includes the defendant's mental state. The word "act" is defined as a voluntary movement of the defendant's body. The word "act" includes speech. More...
JURY INSTRUCTIONS ON DEFENSE THEORIES
If requested by a defendant, a trial court is required to instruct a jury on any defense theories that are raised by the evidence. The defendant may raise those theories by his or her testimony alone. Also, the defendant is entitled to jury instructions on his or her affirmative defenses. The defendant's affirmative defenses do not need to be strong or to be uncontradicted in order for the defendant to be entitled to jury instructions on his or her affirmative defenses. The trial court is required to instruct the jury on the defendant's affirmative defenses, even if the trial court does not find that the affirmative defenses are credible or believable. More...

Areas Of Practice

  • Child Custody
  • Child Support
  • Civil Litigation
  • Criminal Law
  • Divorce
More

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Berk & Moss website is powered by LexisNexis® Martindale-Hubbell®. || Sitemap