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What Are My Rights If I’m Charged with Murder in Georgia

Leah Davis Madden • August 15, 2022
my rights if I’m charged with murder in Georgia

Murder is the most serious charge a prosecutor can pursue in Georgia. Understanding the charge, your rights, and what the courts can and can't do regarding capital crimes is essential for managing stress and pursuing an effective strategy for defending against the charge. It is natural to feel winded and even overwhelmed when the charge is levied. However, it is important to understand that if you are charged with murder you have rights granted by the US Constitution that protect you and that the 14th Amendment requires the courts to apply the law equally to all individuals regardless of age, gender, race, nationality, or charge.


The Fourth Amendment 101

To convict an individual of murder, the prosecutor must present solid evidence that connects you to the crime. This can include a weapon, DNA evidence, video of the crime, eyewitness testimony, etc. However, law enforcement and prosecutors can't simply seize this evidence. They must follow established procedures that include securing warrants before conducting a search. If any evidence is presented that was collected illegally, then it cannot be used against a defendant during the trial.



The Fifth Amendment 101

The 5th Amendment within the Bill of Rights grants everyone the right to remain silent when charged with a crime. However, the 5th Amendment goes beyond that. If you are charged with a crime or being investigated you are NOT required to speak to the police or any member of the State. In fact, you should never give a statement, written or oral, to law enforcement without an attorney present. Also never discuss the facts of your case over a recorded line at the county jail. Not only can a confession be used to convict you of murder, but any statement you make potentially come back to haunt you later.



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Facing a Kidnapping Charge in Georgia? Here’s What You Need to Know

By Leah Davis Madden • February 17, 2025
Kidnapping is a serious charge in Georgia, carrying severe penalties and long-lasting consequences. If you or someone you know is facing a kidnapping charge, it’s essential to understand the legal definition, possible defenses, and how a skilled criminal lawyer in Atlanta can help protect your rights. 
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By Leah Davis Madden • February 3, 2025
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By Leah Davis Madden • January 16, 2025
Family violence battery in Atlanta is a serious criminal offense that comes with harsh penalties. As a firm specializing in criminal law, our team at Davis Madden & Associates has devised this comprehensive guide to help you grasp the steps you should take if you or your loved one has been charged with this crime. Each step is designed with an understanding of the criminal justice system, providing you with invaluable guidance during a daunting time. 
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By Leah Davis Madden • January 3, 2025
Living in Atlanta, or any part of the great state of Georgia is truly an unmatched experience. With the blend of southern charm, thriving urban centers, and rich history, it's a place to call home. However, life can take unpredictable turns, resulting in unexpected confrontations with the criminal justice system. Tackling criminal charges such as Drunk Driving, Sex Crimes, Murder, Assault, or Armed Robbery, could be overwhelming; not to mention the labyrinthine legal procedures that accompany them. It is at such times that the right legal representation becomes invaluable, acting as a beacon of hope in seemingly rough times. It's where an experienced Criminal Lawyer in Atlanta, such as those at Davis Madden & Associates, P.C. , can help navigate these murky legal waters.
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Misdemeanor Theft in Georgia: Legal Consequences and Next Steps

By Leah Davis Madden • December 16, 2024
When facing a misdemeanor theft charge in the state of Georgia, the legal landscape can be overwhelming, leaving you in a state of heightened uncertainty. As top-tier criminal lawyers in Atlanta, we at Davis Madden & Associates, P.C. aim to simplify this process and reliably guide you through the complexity of Georgia's criminal justice system.
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Facing Child Molestation Charges in Georgia: What You Need to Know

By Leah Davis Madden • December 2, 2024
At Davis Madden & Associates, P.C., we recognize the distress and confusion that accompanies criminal charges, particularly when charged with serious crimes such as Child Molestation. Our goal, as your Criminal Lawyer in Atlanta , is to alleviate your anxiety by providing crucial information and guiding you through the complex legal process.
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Charged with a Crime in Atlanta? Here’s What Not to Do Before Speaking to an Attorney

By Leah Davis Madden • November 18, 2024
Being charged with a crime can be a daunting experience, especially when you lack an understanding of the criminal justice system. At Davis Madden & Associates, P.C., we advocate for those charged with crimes like drunk driving, sex crimes, murder, assault, armed robbery, and more. Our criminal lawyers based in Atlanta are committed to presenting a robust defense while helping you navigate the complexities of the legal process. 
Criminal defense attorney in Atlanta, Georgia

Defending Against White Collar Crime Allegations in Atlanta

By Leah Davis Madden • November 4, 2024
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Motions for Reconsideration in Georgia: What You Need to Know for Post-Conviction Relief

By Leah Davis Madden • October 16, 2024
Understanding the legal processes post-conviction can be a daunting task for anyone facing criminal charges in Atlanta and the greater state of Georgia. One such legal instrument available for your defense is a Motion for Reconsideration. A Criminal Lawyer in Atlanta can represent and guide you through these complex processes.
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By Leah Davis Madden • October 2, 2024
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