What Are 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.
Georgia Criminal Law Blog
