Violent road rage incidents are becoming increasingly common in Georgia, and the news is filled with reports of gunfire, stabbings, and assaults on our roads. That being said, road rage incidents are frantic affairs – and it may be difficult to identify the true culprits. Recently, a family argued that their loved one was facing charges for crimes he never committed – and that this was all a case of mistaken identity. Could you use the same defense strategy after facing road rage charges in Georgia?
College Student and Veteran Argues Mistaken Identity After Road Rage Incident
In late October of 2024, 95.5 WSB reported that a college student and army veteran was remaining in jail after being officially indicted for a shooting incident in Fulton County. This is despite claims of mistaken identity by his attorney and family. The incident occurred in 2023, and the victim claims that the defendant exited his vehicle after a minor accident and shot him in the leg.
However, the defense counsel claims that evidence places the defendant in a college classroom at the exact time of the shooting. She also argues that her client shares the exact same name as someone else who lives in his town and that this individual drives the same brand of car – but not the same model. The implication is that law enforcement arrested the wrong person. In addition, the attorney points out that the victim could only identify her client as the shooter eight months after the incident occurred.
This raises the question of whether the defendant is being given the right to a speedy trial. This right is outlined under the Sixth Amendment and Georgia state law, and it means that defendants cannot face unreasonable delays in the criminal justice system. Now that this particular defendant has been indicted, the prosecutors must act relatively quickly and bring this case to trial. The defendant has already spent months behind bars – and his defense attorney claims to have the necessary evidence to free him.
Fulton County Jail Plagued by Rights Violations
In related news, the Department of Justice has accused the Fulton County Jail of various constitutional violations. These include the 8th Amendment (excessive bail), the 14th Amendment (equal protection for naturalized citizens), the Americans with Disabilities Act, and the Individuals with Disabilities Education Act.
According to this DOJ report, the jail is not doing enough to protect people from sexual assault, stabbings, and murder. It goes without saying that these consequences are much more serious if the inmates have not yet been convicted of any crime, especially if there is strong evidence of their innocence.
Can a Defense Attorney in Georgia Help With Road Rage Charges?
A defense attorney in Georgia may be able to help you fight road rage charges. Cases of mistaken identity are relatively common, and prosecutors must prove your guilt beyond a reasonable doubt. You also have the right to a speedy trial, and excessive delays may allow you to walk free. To discuss these defense strategies in more detail, consider a consultation with Lankford & Moore Law today.
