Case Type: Criminal Defense
Charges (Original): Vehicular Homicide First Degree, Felony Hit and Run
Jurisdiction: Cobb County / Marietta, Georgia
Date Resolved: November 2025
Case Overview
The client, a 25-year-old U.S. citizen with no prior criminal record, was arrested in 2022 and charged with Vehicular Homicide in the First Degree and Felony Hit and Run, among the most serious traffic-related felony charges under Georgia law.
At the time of the incident, the client:
- Was employed by a major national corporation
- Had completed two years of college
- Had no prior criminal history
The charges stemmed from a late-night incident on a dark residential street in Marietta, where a pedestrian was later found critically injured and ultimately passed away nine days later after being removed from life support.
Allegations & Investigation
The State alleged that the client’s vehicle struck the pedestrian and left the scene. Law enforcement later recovered a portion of a vehicle side-view mirror from the roadway and, several days later, identified a vehicle missing a corresponding mirror through license-plate reader footage.
The client:
- Consistently denied intoxication
- Denied ever seeing or striking the pedestrian
- Made no statements after arrest
There were:
- No eyewitnesses
- No admissions
- No direct evidence placing the client at the moment of impact
Defense Strategy & Pretrial Litigation
The defense conducted an extensive review and litigation process over 29 months, including:
- Review of 3,000+ pages of medical records
- Detailed analysis of crime scene photos and videos
- Multiple pretrial motions, including:
- Motions to suppress statements
- Motions to suppress seizure of the vehicle
- A demurrer challenging the sufficiency of evidence tying the client to the alleged impact
Although the court denied dismissal and ruled certain statements admissible, the litigation materially affected the State’s risk assessment.
Sentencing Exposure
The State’s initial plea position was severe:
- 15 years, with 5 years to serve in prison
Given the statutory framework, the client faced a mandatory minimum prison sentence if convicted at trial.
Case Resolution
After sustained litigation and negotiation, the State substantially reduced its position.
Final Outcome:
- ✅ Vehicular homicide resolved without trial
- ✅ Felony hit and run merged
- ✅ 15-year sentence with 4 years to serve (reduced from 5)
- ✅ Sentenced as a Georgia First Offender
- ✅ Parole eligibility preserved under OCGA §17-10-1(b)
- ✅ No prohibition on future probation modification or early termination
- ✅ No conviction entered if First Offender terms are successfully completed
The court expressly included parole eligibility language on the sentencing order, preserving discretion for early release consideration.
Why This Outcome Matters
This case began with:
- A fatality
- No eyewitnesses
- No admission
- A massive evidentiary record
- Enormous prison exposure
The resolution:
- Reduced incarceration exposure
- Preserved First Offender status
- Maintained parole eligibility
- Avoided a permanent felony conviction
In a case where the client faced the possibility of a lifetime defined by a single incident, the outcome preserved the ability to rebuild a future.
Key Takeaway
Even the most serious felony cases demand thorough investigation, aggressive motion practice, and disciplined negotiation. Strategic defense can significantly alter outcomes—even when the stakes involve decades of incarceration.
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