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Form 8857 for Georgia: What You Should Know

The form is available at your local county Tax office or on the Internet at This website. Forms/8857 For additional information on this form go to and type in “indicted spouse relief” or “indiedspouse relief” for more details. Georgia Indicted Spouse Relief Rules In Georgia, the burden of proof is on the person who has been convicted of the offense. In other states, this means that no evidence of fault needs to be shown by the prosecutor or prosecutor witness to establish the person's “innocence” under the state's rules of evidence. Therefore, the burden of proof is always on the person charged with the crime. Indicted spouse relief is granted where the conviction is shown by the prosecutor to be fraudulent or erroneous. This means that the person's conviction, but only one of the elements of the prosecution of the crime is “fraudulent or erroneous” or “wrongful representation of facts.” Georgia Indicted Spouse Relief Examples In order to qualify for relief as an innocent spouse, the state prosecution must prove each of the following: 1. That the individual was not convicted of the offense against which relief is sought. 2. That no other prosecution of the individual was in the public record or resulted in any conviction, or any other civil or criminal penalty, of the individual. 3. That the investigation regarding the investigation found no other crime that could possibly be said to be similar to the offense that was committed by the individual. 4. That the individual actually received the relief. Example: A Georgia man is convicted of DUI, assault with a deadly weapon, and robbery. During the initial trial, the officer investigating the robbery testifies that “one of the occupants of this vehicle was injured and the other was not.” The officer testified that she believed the “accused” could have been the victim of that robbery, therefore he was arrested for that offense. The woman involved in the DUI and the man charged with sexual assault are the only people at that crime scene, so the only other possible evidence is the alcohol evidence, and it is shown that the woman was intoxicated. The prosecutor says that the man has been convicted of sexual assault, which is a crime against someone who is unconscious, so the man has been sentenced to 10 years in prison after the prosecutor's “innocent spouse” theory is proven.

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