Legal Question in Criminal Law in Georgia
I have a friend who lives in georgia, he was arrested for a fire that was started due to tenants that didn't like him that stated it was probably him. He has spent the last 14 months in jail, with no trial in which he was recently released, now he finds out they are refiling and he was released by mistake so he must turn himself in to jail again. What happen to innocent until proven guilty? They have no evidence that he started the fire as he was sleeping with wife and kids, why would he start a fire and then go to sleep. Now they claim they have 20 counts of aggrivated assault which is based on the fact that the 20 peoples homes that were burnt, they can't collect insurance unless someone is held accountable so seems he is the only guinea pig.
We need your help if possible, How can I find out more inforamtion or something as if they have no evidence, how can they hold him, even his own legal lawyer asked this and they are just blown off.
2 Answers from Attorneys
Your friend needs a new Georgia criminal defense attorney if he is getting blown off by his current attorney.
As I understand your statement (not question) your friend has an attorney. Either a legal aid attorney (which probably means public defender), or some type of court appointed attorney. The attorney is supposedly asking where is the evidence, and being disregarded. If the attorney really wants to know the answer, he files a statutory speedy trial demand (your friend has been indicted) and demands that 12 people put put in the jury box to hear the evidence, If there is no evidence, the judge will declare a directed verdict. If there is just enough to survive a directed verdict, the jury will find him not guilty. If there is a great deal fo evidence, then your friend will go to prison. If the attorney is scared to try the case before a jury, then he doesn't need to talk about how there is no evidence, he needs to talk about resigning from the case. My suggestion: either put your money toghether for a private attorney or be patient, your friend will have a jury trial.
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