Legal Question in Criminal Law in Georgia

if they have witnesses that want to testify against me saying that i fired a firearm. however i have witness and a albi. and they don't have any fire arm what are my chances of getting off?


Asked on 7/22/09, 8:07 pm

1 Answer from Attorneys

Yasha Heidari Heidari Power Law Group, LLC

There are a number of factors that go into your case. For instance, I am assuming you are being charged criminally. However, whether you are being charged for armed robbery, the unlawful discharge of a firearm, or the violation of some other law is quite significant.

Other factors also play a role, including what, if any, other evidence is available (used ammunition casing, proof of gun ownership, videos, etc.).

Regarding the witnesses themselves, there are also a lot of factors at play. If this is a jury trial, the jury will get to decide what, if any, crediability they grant to the witnesses. If it is a bench trial, the judge will decide. Ask yourself what factors go into whether or not you believe someone is telling the truth or is credible. For example, if the witness has an obvious bias or motive for lying, he or she is less likely to be believed.

As for your alibi, its strength or weakness depends on your particular alibi. If you are accused of discharging a firearm in Atlanta and your alibi is that you were in the Bahamas, and you have a plane ticket, a hotel reciept, and a video of you at the beach, then I would say you have a pretty strong alibi. If, however, you are accused of discharging a firearm in Atlanta and your alibi is that you are at your best friend's house, which is also in Atlanta, then I would say your alibi is pretty weak.

Criminal cases are serious business. You should hire an attorney. Feel free to e-mail me if you have other questions or need counsel.

Last but not least, without a signed written retention and engagement letter, I am not your attorney and no attorney-client relationship or privilege exists, and the above is solely provided for general informational purposes.

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Answered on 7/27/09, 11:59 pm


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