Summary
In Georgia, being a passenger doesnt automatically absolve you of responsibility if drugs are found in a car. The court generally needs live testimony for evidence, but exceptions to hearsay can apply. Hearsay alone typically cant lead to a conviction unless it falls under an exception. If your lawyer seems unresponsive, you can request a different attorney, even if court-appointed. Proving lack of control over the drugs involves demonstrating no access to the area where the drugs were found and showing no prior knowledge. Always consult a lawyer for specific advice.Full Conversation
In georgia, if my co-defendant blames me for an illegal drug that was found in her car but i was a passenger does she have to be in court & testify against me or can they just take her statement & charge me with her stuff
In Georgia:
- The court generally needs live testimony for evidence.
- Exception: A statement may be used if it falls under a hearsay exception.
- The prosecution needs evidence beyond a reasonable doubt to convict.
Remember, this is general information. Consult a lawyer for advice.
Can a hearsay statement get me prosecuted for prison time
In Georgia:
- Hearsay alone typically can't lead to a conviction.
- Credible and substantial evidence is needed.
- However, if the hearsay falls under an exception, it may be considered.
Always consult with a lawyer for personal advice.
What is the exception to hearsay
In Georgia, exceptions to hearsay can include:
- Excited utterance or spontaneous declaration.
- Statement made for medical treatment.
- Business records.
- Statement against interest.
- Former testimony.
Please consult a lawyer for specific advice.
Can the same lawyer represent the same person that made a statement against me represent me after their case is over
In Georgia, this could be seen as a conflict of interest. Lawyers should avoid situations that could negatively affect their client or their professional judgement. However, it's on a case-by-case basis. Always consult with a legal professional.
What do i do if the lawyer seems like he doesn't want to be proactive for me in my case and im in front of the judge
If you feel your lawyer isn't representing you effectively, you can:
- Speak openly about your concerns with your lawyer.
- Consult with another lawyer for a second opinion.
- If necessary, consider changing your lawyer.
Remember, it's important that your legal representative advocates for your best interests.
What if its a court appointed attorney
If you're not satisfied with your court-appointed attorney in Georgia, you can:
- Express your concerns to the attorney first.
- If still unsatisfied, request the court for a different attorney.
- The court will decide if a change is necessary.
Always consult with a legal professional for your specific situation.
How can i be charged for something in a persons car trunk if im only a passenger
In Georgia:
- Being a passenger doesn't automatically absolve you of responsibility.
- If the prosecution can prove "constructive possession", you could be charged.
- This means, even without physical possession, if you had knowledge and control over the substance, you could be liable.
Always consult with a lawyer for personal advice.
How do i prove that i had ko control even if i had knowledge
In Georgia:
- Demonstrate lack of access to the area where the drugs were found.
- Provide evidence showing no prior knowledge of the drugs.
- Show absence of any drug-related paraphernalia on your person.
Please consult with a lawyer for advice tailored to your situation.
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