- Live in Georgia. My 17 year old daughter was arrested for misdemeanor shoplifting.
She will be in Magistrate Court. but what happens IF the judge is having a bad day and decides not to give her community service, especially when there is no lawyer present.
- My name was given in an incident report as a suspect. Should I call in and speak to the detective over the phone or not?
I have no idea what this can be about, even though you offered some cryptic explanation. You are at risk of having a warrant issued for your arrest. IF you are a suspect, the detective will contact you.
- Can i get arrested for driving with a suspended license if before my court day i recuperate my license?
Obtaining your license before you go to court may help you get a better sentence but the charges will not be dropped just because you have gotten a license since you were arrested. If you don't have an attorney I suggest you consult one immediately to discuss your case.
- I was involved in a hit and run i didnt see the guy he came out of now where
You are clearly a person that panics easily. You did not see the person enter the roadway. You did not have your driver's license.
- My son has to do anger management classes due to a fight with his brother
Should he do the test? Do you think that it is a suggestion or an invitation he can refuse. He either does the test, or he goes to jail for failing to follow the orders of probation. Simple
- Can i make contact if i am the one who started the TPO?
The answer is YES, unless there are mutual stay-away orders. If you need to have contact with a person against whom you asked for a TPO, you should return to the court and have the TPO dismissed.
- The police came to my house one day and arrested my boyfriend because he had a probation warrant.
It is legal. You are not being charged because your name is on the lease. You are being charged it is "your house" (review first line of your letter). You live there, and presumably know what is in a safe in a closet in your house. Good luck
- Who determines whether someone being released from prison has to register as a sex offender?
There is no one person in the prison system. If the inmate agrees to parole, and agrees to register then the inmate will be held to his agreement
- I got caught switching price tags on 4 items and not ringing up 3 at a Wal-Mart...
The arrest warrant was wrong? How do you know? Was it materially wrong, such that the case will be dismissed? How would you know that? What you are facing is a function of how you approach the
- My little brother was recently accused of making a terroristic threat...
YES, 4 years. That is the statute of limitations in GA.
- My daughter received an Arrest Warrant Application Hearing Notification in the mail yesterday...
Multi-day cruise and public defender do not even go together. The judge is NOT going to appoint an attorney for your daughter when she or you or both get back from your multi-day cruise. So, I recommend that you retain an attorney.
- When is it too late to get a jury trial?
Once the bench trial starts or the plea has been accepted.
- Can a juvenile reverse a confession he made?
No. The juvenile can recant his statement, but the statement will be admitted to a jury.
- Can a significant other drop charges of Aggravated Assault, battery, Theft by taking...
It is the DA who decides to drop, or not drop, charges. Yes, they can protect victims who try to avoid testifying, whether it is because of threats or just poor judgment. They may also find that they are compelled to testify.
- I am currently on pretrial diversion program for forgery in the 3rd degree I have failed...
My vote is yes, because you failed two separate drug tests, which means you are using drugs, even though you received a big break by getting PTD.
- No discovery given at time of arraignment What should happen now?
Discovery must be passed 10 days before trial, not at arraignment. So, you can either retain an attorney, ask for court appointed, or pretend that you know what you are doing.
- Last year my fiance was accused of a charge he had a probation hearing that lead to his...
YE, because it is two different standards. Jury trial is beyond a reasonable doubt. Violation of probation is by a preponderance of the evidence. Good luck.
- My husband got charged with theft by taking and its his first time ever in trouble...
The investigator does not prolong anything. The defense attorney either files for the bond motion, or not.
- Do the cops always have to check for fire arm residue when they're suspicion...
No. The FBI has released a report a few years ago indicating that the GSR test is unreliable.
- I am 21 and my girlfriend is currently pregnant, shes 17 but...
16 is the age of consent. so you cannot be arrested for having sex with a 17 year old. you should expect other drama in your life, given that you have a 17 year old girlfriend and a brand new baby on the way.
- I went to pick a friend up from someone's house and take him to his car...
The officer has a right to approach whomever he wants whenever he wants. The same way you have a right to drive and park where ever you want. You had a right to park on the public street, and he had a right to approach and question you on that public street.
- Can I be charged for sales of meth cause I was in the room when...
YES. Was the seller a fellow pre-med student? No, then how did you think he/she earned money. The prosecutor thinks that birds of a feather flock together. Drug seller will not have police officers or Mennonites as friends. Good luck
- My boyfriend was arrested at around 9pm for speeding , driving with a suspended license...
Either bond him out, or he will plead out and lose his license and free time when he has to perform hours and hours of community service. Good luck
- I am out on bond my husband only paid half my bond to get me out an he never paid the rest I lost my job...
YES, you did not fulfill your obligation, so the bondsman is going to come off your bond.
- In Georgia, can I plead first offender if I'm on probation for pre-trial diversion?
YES, but how many times are you going to have a 1st offense. Can you commit a third offense and be eligible for first offender?
- My ex boyfriend is in jail for the charge of rape. my friend called the police...
She will be needed in court, because she made the accusations
- I stabbed someone. How long does he have to press charges. I live in Ga.
A stabbing should be an aggravated assault. The statute of limitations is seven years. However, the victim does not press charges. The victim reports the crime and the state presses charges. Good luck
- My 14-year-old son is being charged with statutory rape of a 13-year-old girl.
If he is treated as a juvenile, the maximum is five years in juvenile detention. IF he is being treated as an adult, he is looking at 10-12 years in an adult prison. Evidence: she said it happened. Good luck
- In Georgia is an indictment and special presentment or presentment the same thing? If so,how?
How are the three indictments the same? What would that matter other than for a school exam question? If you are charged with aggravated assault, and facing 20 years in prison
- I was recently charged with a misdemeanor which was thief by shop lifting...
You plead NOT guilty and then request a jury trial. Do you think you can then try the case by yourself. DIY criminal law. Get real. Get an attorney
- My son was incarcerated for attending court under the influence ...
Is it legal to drug test a client that appears in court under the influence? YES, because one of the conditions of the bond for the trespassing is that he not consume drugs and alcohol.
- Can a victim in a child molestation case appeal a plea deal given by the DA
No, the victim has no say in the matter.
- I was at function with soon to be ex daughter in law. It has been a nasty ...
You were silent on what the function was. I assume some play or something in an auditorium. And the only seat was the one behind her?
- My boyfriends mother was murdered in march of 1991 she was married to a police officer
Hi my name is heather im reaching out to find out some information my boyfriends mother was murdered in march of 1991 she was married to a police officer who still resides on our county force team he was at home at the
- My husband is incarcerated. He was not given a bond. However, after 90 days
If your husband is charged with a misdemeanor, the prosecutor has two year to bring an indictment. IF he is charged with a felony the prosecutor has four years, unless the felony is super serious
- I was indicted for theft by conversion. this case is 6 yrs. old. and I was indicted...
On which attorney? The attorney for the other party is the district attorney, because only the district attorney can bring criminal charges against you.
- How long can someone be held in jail without being arraigned ?
On a felony, up to four years, which is the statute of limitations. However, it will normally be about 6-8 months.
- If I stole something from a store and the police were not called is it still going to be on my record ?
If you were not arrested no. But bear in mind for the next two years they still can take out a warrant for your arrest. Discuss that with the criminal lawyer you should have already retained.
- My brother was charged with first degree burglary and entering an automobile
Burglary carries up to 20 years in prison, and the Department of Corrections may make him do most of whatever time he is sentenced to serve. Depending on the jurisdiction and circumstances, a plea to
- My wife missed reporting to her probation officer and the po had her sign
IF she has already signed the waiver admitting that she has violated her probation, the PO may have already filed the paperwork dictating how much time she has remaining in jail. IF she has not signed
- I recently found out that a preliminary hearing motion was filed in my felony criminal
Whether your rights were denied is immaterial since you have resolved the case with a guilty plea. The guilty plea waives all other rights. Good luck on probation.
- I was recently at a bar with some old high school friends when a fight broke out
The trouble is for fighting, NOT stopping anyone from fighting. As I told your mother when I returned her phone call, you should NOT speak to detectives PERIOD> IF they have enough to arrest you, you will be arrested. IF not, then you are not trying to help them arrest you.
- I was involved in what began as a civil matter in 2008. A police report was filed
All perfectly normal. You stole. You were unable to pay back. Now you will be prosecuted and face prison
- Is it a Ga. law that after 90 days of incarceration, a judge must grant a bond hearing.
At the 75 day point (75 days after arrest), IF there is no bond, the attorney should request a bond hearing. So, the hearing will be scheduled close to the 90 day date
- In the State of GA, there is a" 1st Offender Act" for a 1st time felony charge ...
There is no challenge in the question. The judge has absolute discretion in granting or denying first offender, except the judge CANNOT establish a policy of never
- I was convicted under the first offenders act in 1994. From there I went to ...
First, first offender act means you are NOT convicted. Second, unfortunately for you, it also means that it is not expunged. So, the fact that it was missed before, does not give you a cause of action to sue now.
- In the state of Georgia is there a charge called "intent to purchase marijuana"?
YES. It is a felony.
- My son was on probation in Cherokee county ga. He didn't do his community
You can expect that the judge will violate his probation, and either give him 5-10 days in jail or additional community service.
- How long can someone sit in jail with felony charges, without being indicted?
With a bond, two plus years. Without a bond, 120 days.
- I`m 17, a female said me and my friend stole her phone and beat her up ...
What you don`t know could fill a football stadium. You were arrested because the "victim" appeared credible. You were taken to adult jail,
- My minor son has a protective order for stalking granted against him
They are not violating the order, unless the order is a mutual stay-away order. A little problem with the law: The supposed victim in the protective order can continue to contact the perpetrator with no repercussions.
- Would I get jail time for second shoplifting charge?
Who in the FBI is telling you not to worry, as opposed to retain an attorney.
- I'm an adult male (19) and I sent nudes to a 14 year old female...
You are facing 10-20 years in prison. So, retain an attorney.
- What is the time statute limitation in Georgia if an adult send sexua...
Either 4 or 7 years.
- OCGA 17-4-26 and 17-4-62 and UMCR 25 provide for commitment hearings ...
Anytime people start talking about due process, I know they are clueless. It is most frequently used by inmates representing ...
- If a person took a plea deal on the advice of his attorney, can he re-address...
Yes, IF the person can retain another attorney to file the motion to withdraw the guilty plea.
- I know a guy who went to high school with me who contacted me on Facebook ...
You are in it, because you allowed him to use your account. All you can now argue, hopefully thru an attorney, is: I did not intend to participate in anything illegal.
- OCGA 17-4-26 provides for a commitment hearing within 72 hours of arrest ...
Misdemeanor arrests are automatically entitled to a bond. IF you make bond you are not entitled to a commitment hearing. So, IF you are automatically given a bond, there is less concern about a prelim.
- Had accident a few days ago and i later realized I gave the officer
You will be charged with identity fraud.
- My son and two other boys are being called into questioning for rape of a 17 year old girl...
Just tell the detective that he will NOT be making a statement. See website for info on retaining the right attorney: http://www.lawrencelewispc.com/pages.php?go=pinfo&PID=38 Good luck
- I just found out my 17 year old son got his 15 year old girlfriend pregnant
Yes. 15 year olds cannot consent to sex. He can be charged with statutory rape and go to jail. He may become unemployable for life. And on top of that he is going to owe 18 years of child support.
- I have absconded from probation on charges of misdemeanor possession of marijuana...
You should expect to go to jail for the balance of your probation.
- I am trying to help a kid who has just made the worst decision...
Your friend has committed a rape. Persons under 16 cannot consent to sex. Also, since he is 17 he will be prosecuted as an adult. He needs a good attorney ASAP. The 17 year old is not a minor in GA. The 14 year old cannot give consent.
- My son is in jail for burglary. They filed for Quick and speedy trail in January...
It depends on the county that you are in. Terms of court defer county by county. In some counties the there are three four month terms and others there are six two month terms.
- My girl friend is on felony probation. For a meth possession charge...
First, she is going to a revocation hearing. Second, the only thing you can do is retain an attorney for her.
- My daughter is 17 years old and was arrested for shoplifting...
Yes unless she wants to be dragged to court on the civil demand.
- My son was accused of snatching a lady cell phone by two 13 year old boys ...
The Magistrate judge determined that the police officer had probable cause, which is why the warrant was issued. So now, you will retain an attorney, or keep asking questions about what has already transpired.
- I am from Iran and had a shoplifting misdemeanor case in 1983...
The arrest will show, and it may show open warrant. No one can know what will show until you apply. However, I suggest that you communicate with an attorney before you apply for visa, IF you are in the United States when you apply.
- I've been given 18 months to complete a jail term for a violation of probation...
Yes especially IF it looks like you will not be able to complete the terms of your probation.
- If you have failed to appear on drug charges does the law procedure...
After you are arrested in the warrant and jailed, your attorney will be able to request the court allow you to file a motion to suppress. It will not make your case move faster, but you still the right to ask about the violation of your constitutional rights. Good luck.
- I was charged with id theft and financial credit card fraud...
You were a police officer. So, you should know exactly how it works. You need to retain an attorney in order to file a speedy trial demand and force the DA to make a decision.
- I know that two prosecuting attorney can be assigned to one case...
First, 10 attorneys can be assigned to one case. The only thing that cannot happen is 1 attorney do part of a closing and a different attorney complete the closing remarks. Other than the rules concerning closing, there is no law limiting the number of ADA that are working on a case. You are really scratching the bottom of the barrel with that question.
- In the state of Georgia, Carroll County how can you be charge with convicted felony?
(1) Someone sees you with a gun
(2) You text a photo of you and a gun
(3) You brag to someone at a bar about possessing a gun
- I pleaded guilty to simple battery involving my sister visiting my home ...
Depends on how the misdemeanor is characterized. If it is domestic, no. If it is not domestic, then maybe.
- I gave a police a false name when I got stopped but then told him the truth...
I gave false info, but I do not want a tarnished record. That does not make sense. You gave a false name, PERIOD. While you might not go to jail, there will be some consequence.
- What is the law for smoking pot in a hotel room?
Management can just walk in when you are smoking in a non-smoking room. Management can charge additional fee. Management can seize contraband and contact police.
- Can the DA use prior arrests as evidence against me?
The DA cannot use prior arrests in his case in chief, but may be able to use prior arrests in rebuttal, especially IF you take the stand and open the door.
- My boyfriend is on first offenders probation. He got a new charge of simple battery misdemeanor
Was he on probation for battery or crime against a person? YES, then he will probably earn jail time.
- I`ve been charged with possession of marijuana with intent to distribute...
Unfortunately, you do not get to pick the punishment when you are caught for a criminal offense. There are many alternatives. You need to sit down with an attorney in order to review all of the alternatives.
- I know someone who has been detained from crossing Canadian border...
No intelligent lawyer would even guess at what is going to happen to him, because I am confident that he is not running around with an assumed name solely because of a misdemeanor marijuana charge from 20 years ago
- If some one is saying I committed a burglary with them can I be convicted on just hearsay?
Yes, IF the co-defendant said you burglarized the house with him, and there is proof that a burglary occurred.
- In the state of Georgia, if one is required to pay a cash bond for pretrial release...
How can a person report to a probation officer when they are paying a cash bond? You got that all wrong. The person is being put on a pre-trial release, because they do not have all of the...
- My brother was recently arrested for felony shoplifting...
He will not be coordinating the effort. He needs an attorney to put together a global plea.
- There was a case involving a sex crime which led to probation...
The crime is not coming off, but the sex offender registry may end as early as 2023.
- The passenger of the vehicle and rob the port city bank at gun point ...
The exact same thing. Good luck...
- What are the requirements for proof that you were not given Miranda?
You need to take the stand and testify that Miranda was not given, then the police says it was, then the judge decides who he/she believes.
- If I have a felony, and plead 1st offender, but then received a DUI...
The felony will not be expunged. The felony is not even completed. If the judge determines that you violated your first offender probation was violated with the DUI, then you may be adjudicated and then resentenced to prison. You need to retain an attorney as soon as possible
- I got charged with simply possession while I was on felony probation
For the arrest no. but the prosecutor/probation officer can schedule a violation of probation hearing.
- I am charged with armed robbery aggregated assault and the victim...
Armed robbery is very serious.
- If a 3rd party knows that someone stole someone else`s personal property...
Only IF they are holding the stolen property or were present when the property was stolen.
- My son was arrested on 3 felony burglary charges he is 20 years old
First, the judge will decide IF your son is sentenced as a first offender. Your son does not make that decision. Second, 1st offender does not keep your son out of prison.
- I was recently arrested for a misdemeanor possession of marijuana...
You can go to counseling to figure out why you are getting high and stealing stuff. The shoplifting case will be the most interesting, because most retailers have a ton of cameras capturing everything.
- If you are sentenced in superior court on misdemeanor charges...
If you are sentenced it is a misdemeanor. Superior Court has jurisdiction of misdemeanors.
- I was given a year on state probation. I have 7 months left ...
If you fail to report to probation, your probation stops running. So, when you finally turn yourself in, your probation will restart.
- I got pulled over with marijuana in the car...
They can lock you up for marijuana possession. Then you make bond, retain an attorney and fight the case in court.
- Does he have a chance at being considered for parole again sooner than 2018?
Sentenced to 20 years in what year? Parole consideration in GA may be before 2018, because it is typically 6-8 years.
- I'm 21 and my girlfriend is 16 and pregnant. I read in the state of GA...
People charged with sexual assault or child sex offenses face hostile prosecutors and harsh public opinion. Most people, even some criminal defense attorneys, are only too willing to believe the worst about those accused of sex offenses.
- My boyfriend was living with his brother in law and sister in Georgia...
Depends on what he was charged with. I suspect that all the contents of the safe will be charged to him.
- My boyfriend was arrested in Georgia for possession of narcotics. How much time is he looking at?
Depends what he was charged with.It could be days, months, years or decades depending on which drug, how much he had, where he had, what court he is in, and what he was doing with them.
- I found a pair of earnings in my floor after stepping on one of them
You can IF the police officer decides to file for a warrant. Because it has been months, the police will probably tell the victim to pursue you civilly. Good luck.
- What is purpose of commit hearing and what evidence should be presented.
The preliminary hearing typically occurs between ten and fourteen days after arrest. A preliminary hearing (also known as a “probable cause” hearing, or “commitment” hearing) is a proceeding where the
- What can you do to fight a probation violation charge?
You can retain an attorney, who will know how to proceed on a technical violation vs. a substantive violation.
- Without my knowledge, and undercover team of drug cops followed my husband...
First, you don't know your 4th amendment rights. Otherwise you would have handled the situation totally differently. Second, the police lied to you about you looking like someone else.
- In Georgia can you be charged if you do Not tell the police who rape you?
No. The assumption will be that no rape ever occurred
- What happens at a commitment hearing when the detective fails to show up?
The preliminary hearing typically occurs between ten and fourteen days after arrest. A preliminary hearing (also known as a “probable cause” hearing, or “commitment” hearing) is a proceeding where the
- What is the statue of limitations on law 16-9-33 in Georgia?
4 Years
- Can I get my probation (violation) suspended if the charges were dismissed
Yes, your probation can be violated with an offense that is dismissed, because the standard for a new offense is beyond a reasonable doubt, and the violation of probation standard is by a preponderance of the evidence.
- Can a conspiracy to vgcsa hold up on a person?
That's funny. After you speak to the police, you wonder what to do. After you provide incriminating evidence, you wonder what to do. First of all IF you were interviewed in a room at the police station,
- My daughter was one of three people charges for theft by taking in...
I am not sure why there is confusion about what your daughter does now. She does what she should have done 3 years ago -- hire a criminal lawyer.
- I committed a crime in GA 10 in 2002. I was convicted and placed on...
Adjudication of guilt means you have a felony conviction
- If I had a court and missed three times. What can be done about it?
You need to retain an attorney to get the warrants lifted, before the police pick you up on the warrant.
- My boyfriend was arrested on Dec 15. 2007 for robbery and another possession charge
You are talking about two separate things: (1) the case is over (so all of the info that could have challenged his being placed in jail is moot); and (2) the failure to get credit for time served means you need to
- My fiancé was sentenced to 20 years serve 17 for armed robbery.
IF he was sentenced to 17 for armed robbery, he will probably serve the entire 17 years.
- If a nineteen year old was to have sex with a sixteen year old in...
No. Check our page for info on sex crimes
- Arrested with 5 Ritilin and 3 Adderall pills And 6 Xanax and 4 kolonopin pills...
Were all of the meds in their original containers? If not, then you still will be guilty of an offense, even with the note from your doctor. Therefore, you need an attorney.
- Do I have the right to pull over in an area I fell more comfortable in?
Yes, if that distance is less than a quarter of a mile away. you cannot travel 3 miles or travel to your home. if you are super uncomfortable stopping for police turn in your license. see website for info on retaining the right attorney.
- I have discovered that my ex husband has been to my house...
You can report it to the police and inform the prosecutor's office. Good luck.
- Do I have the right to pull over in an area I fell more comfortable?
You have no right to elude police, and you could be charged for not stopping. If you are in area that seems unsafe, try to slow, signal as best as you can to the officer where you are pulling over, and do so in a short but safe distance.
- I'm on felony probation for drugs and have violated once for non report....
Your max penalty depends on how much time you have left on probation. If you have three years left on probation, then the judge can take three years. UNLESS you plead first offender, which may allow the judge to re-sentence you to even more time.
- You are in store with a friend and the friend steals something, are you guilty?
you can get arrested, if loss prevention believes that you are involved
- A young man went with his friend didn't want to go and ended up robbing a store
Yes, if he has the right attorney
- My fiancee has left me for my best friend and both of them were given keys...
They are not breaking the law, when they use keys that you have provided them
- I was locked up in 2009 for a forgery charge was set a bond i made bail...
No, because the offense was committed prior to you entering your guilty plea. Good luck.
- I have been charged with reckless conduct after my four yr old granddaughter...
So, IF I understand you correctly, you will be representing yourself pro se at a bench trial. I suspect that will not go well.
- I cash a check in 2008 that turned out to be fake a warrant was issued for my arrest...
Is the date on the indictment more than four years after the warrant date? Were you at the same address the entire time? IF police are looking for you at a known address and you are not there, you do not get credit for floating around.
- I am being charged with harassing phone calls when it was the ..
You are guilty of harassing phone calls. You do not get to call a deadbeat dad 50 times to try and make him a not deadbeat dad. He can do it, and IF he has the history of calls you will be arrested.
- I was a studly and ent in the US in 1993 ...by mistake i moved from one shop..
You failed to appear in court, and were found not guilty? Probably NOT. If you failed to appear in court, the judge would most likely issue a bench warrant for your arrest. If you have an outstanding...
- I have a felony on my record (theft by receiving of $200) I did my time...
Convictions and pleas cannot be expunged.
- I'am wondering if I complete 1st time offender in Georgia will it go off my record
No, it will be on your record forever
- I am 24 and have my CNA certification. I have had 3 simple assault, simple battery charges.
- I was pulled over in north GA for a tag light out...
You created all of this drama. You had marijuana in the vehicle, pipe in your pocket and drinking beer (oh, sorry sipping) in the vehicle, and now you want to play victim. As long as the tag light is out, the officer can legally stop you.
- What happens if someone else uses your property for bond without your knowledge?
Someone must use your name, which is a crime.
- My fiance and I were charged with misdemeanor animal cruelty charges...
You entered a plea and were found guilty. You can file a motion to modify sentence and ask for a modification of the sentence. However, there is no appeal to the sentence after a guilty plea. Good luck.
- Is there any case law that draws a distinction between a conspiracy to possess...
It is not an academic question or a question to be solved by way of case law. IT IS A QUESTION FOR THE JURY TO ANSWER. There is no distinction between distribution and possession with intent o distribute when it comes to conspiracy, because there must be at least two
- I was arrested for possession of a fire arm and intent to distribute weed....
1st offender does not keep you out of jail/prison. It only provides that you have no felony conviction. So, your record, your facts and your prosecutor dictates what your actual plea offer will be.
- Having a problem finding a job due to past criminal background check.
There are no do-overs in life. You earned the shoplifting and DUI. So, you will carry them for the remainder of your life.
- I was recently arrested for burglary. I used to work with foreclosed homes...
You and she will be charged with burglary, because you are parties to the same offense of burglary. You will go the cheap route, and allow the PD to represent you, because you really did not do anything, and you think the "wrong code" defense is believable.
- Can I really be arrested without chance of bond?
Retain the lawyers that you had review it, and see what happens. If you trust their assessment, then retain them
- Does a bonding person have to be notified of a court date of someone they bonded out?
No, they do not have to be notified. But they are notified, If the person fails to appear in court.
- The other night my boyfriend and I got into a fight and he held me down and wouldn't get off of me...
You cannot drop the charges. The state prosecutor is the party in the case, you are only a witness. So, now the main thing you can do is retain an attorney to assist him.
- Can a person who plead guilty to a 20 yr prison sentence for a CC fraud...
The person plead guilty. So, there is no appeal on the sentence. If the sentence was a legal sentence, the only things you can do are: (1) withdraw the sentence and go to trial; or (2) file for a sentence reduction.
- How do I stop an extradition to KY from GA for bad checks?
You cannot stop extradition, only slow it down by requesting a governor's warrant. You need to focus on the attorney in GA who can get him out of jail quickly.
- If I was not read my Miranda rights can my case be dropped?
Case maybe dropped
- If someone takes an appeal to the Ga supreme court, will they get a day in court?
Yes, you can get a court date and watch YOUR ATTORNEY argue the case to the Supreme Court of GA. You won't be doing it. Because unlike the county judges that might humor you, as you pretend to be
- what does it mean when a case status is disposed-bind up superior?
It means the case has either been resolved in Magistrate Court, or State Court, AND has been transferred to the Superior Court for resolution as a felony case.
- I was arrested for Simple battery,bonded out, but an officer never came...
Make a statement to whom? The police have already made their arrest. They are not interested in your point of view. The prosecutor is only interested in how they can jail you. IS that who you are trying to make a statement to? I suggest that you retain an attorney.
- Can a probation officer make a sex offender move after an address was approved by the sheriffs office?
Yes
- I am currently on probation for a domestic agg. battery charge with my wife...
You need to retain an attorney to argue your case, and get the bond conditions modified in the meantime.
- Hello and my husband who has served so far 13 years for armed robbery...
The statutory law on armed robbery calls for a mandatory minimum ten years in prison, and a maximum of twenty years or life. Your husband has been in prison for 13 years, and you have never looked
- My husband was picked up on warrants for abandenment out of georgia and he signed...
10-20 days. Good luck.
- My husband was convicted of Theft by Deception last year...
Your husband will probably pay all of the restitution himself. But you don't need to guess, pull his sentencing order. The restitution he will be paying will be on the order.
- I'm on felony probation in Ga. I just received an email from potentialpredators.com
Being on the site cannot violate probation. Only way to test legality is to sue, for which you will need an attorney.
- How long does it usually takes for sentencing after you have been found guilty in the state of GA?
It depends. Typically between 2 minutes and 2 weeks. Good luck
- My boyfriend was charged wit motor vehicle theft...
You are not getting him out. Only any attorney will be getting him out. If he has a bond, then you can help. IF he does not have a bond, you will need to retain an attorney in order to procure a bond.
- I am charged with hindering/ giving false information in Fayette county GA
You waited until the day before trial to seek help, when you were arrested more than 6 months ago. You have no discoveryon line or anyone to review.
- What is the punishment for financial identity fraud in georgia with no criminal record?
The same as if you have a record. The recommendation will be constructed by the prosecutor.
- Is there anyway that we can have the mess transfered here to NY?
GA will spend your tax dollars to extradite him back to GA, and pull him away from his child. After he has his revocation hearing here in GA, he can request whatever probation is left that it be transferred to NY.
- Can the court system in Georgia issue a drug screen on somebody with a pending charge?
Yes, if the "somebody" has any type of pre-trial bond progarm. I recommend that you retain an attorney.
- Background check...will pending charges come up?
Yes, pending charges will come up. More importantly, IF you are convicted, you will have conviciton on your record for the remainder of your life. So, make sure you have a good attorney.
- What legal steps can I make to not be charged with furnishing alcohol to minors...
A sign will not releave you of responsibility. If you cannot control the party, you need to rethink the party.
- Been caught shoplifting $70 item will a lawyer do me any good?
Depends on your criminal history, your reason for the theft and your attitude towards the criminal offense.
- My friend is accused of rape and was arrested. But the girl lied and there are witnesses to prove it what next?
You need to retain an attorney, who should know how to preserve the evidence that you maintain will prove his innocence. If that evidence is lost he will be handicapped at his trial.
- How much time will I have to serve for not being able to pay a $2,000 fine in GA?
There is no debtor's prison in GA. You will have to explain to the judge why you cannot pay the fine.
- Statute of Limitations when a minor is raped by her physician in Georgia 1986...
The statute of limitations on criminal rape charge is seven years, but the statute of limitations does not begin to run until the minor child turns 18. So, if she is 26 or older, the matter is closed. I suspect the
- I'm 19 years old and I was at a party and the police came in and gave everyone citations...
Fight it in court or pay the bond? First, there is no bond to pay, because you were never arrested. If you pay anything in court it will be the fine, which means you will have a conviction on your record.
- What's the statue of limitations for simple battery charge in Georgia?
The statue of limitations for simple battery charge in Georgia is 2 years. You can't drop the charges.
- If there is no audio, can a CI's testimony along with the Investigator's Testimony...
Yes. There are many grounds for a direct acquittal, which means that a jury has been selected and a skilled attorney has corss-examined the state's witnesses, and proven that there is not enough evidence
- Is a citation for loitering considered an arrest in georgia?
An arrest is where handcuffs are placed on a person. A citation is where a ticket is issued for the person to appear in court at a later date. So, a citation is never an arrest.
- My friend was charged with possession of marijuana with intent to distribute in March...
Speed up what process? Making time go slower or faster? No one knows that trick. There is no way to predict the future and tell you exactly when he is getting out. More importantly, how are you going to be able to predict that once he gets out he will stay out.
- I was caught shoplifting from a department store and paid the civil demands...
Is what right? YOu shoplifted and were caught. If you lose your job, it is because you shoplifted and were caught, not because your photo appeared in line with a statement that you were arrested. Assume it is not right, what do you intend to do?
- I have a friend currently incarceration that is waiting to be moved to work release...
Your friend has a lot of things going on at one time. The probation officer will do what he/she thinks is best to help your friend rehabilitate himself. Can it be held up? Yes. Why hasn't your friend already been transferred? Only an attorney investigating the problem, will be able to answer that question.
- Can a person who has been convicted of a felony and out on probation recieve a bond?
A person can get a bond at anytime, as long as the judge believes that the person is not a flight risk, or will commit more offenses while on bond. IF a person is committign offenses because of a mental health problem, it will be more difficult to get a bond.
- My daughter who has major mental health issues attacked my son and was charged with battery
She will go back to jail because she violated the order. You may be arrested for encouraging and insisting.
- My husband was given 2 and a half years probation from Gwinnett county GA...
It is possible, and it is typically automatically done.
- My fiance has 2 more years left out of a 5 years probation sentence...
Fair? Was there a victim related to the crime that your husband committed for which he received five years on probation? Ask him/her about fair. Is it legal? Yes, probation determines if the situation calls for a curfew.
- I was put on community service because I was unemployed and unable to pay my fines...
The PO cannot change the court order, but you can go back to the judge and explain why you need to continually change the conditions of your probation. Good luck.
- While we were together my ex would put ecstacy in my drinks without my knowledge...
And so the drama continues...Do you think you can sue for a felony? Whether the offense is a crime or a misdemeanor has nothing to do with anything
- Is there a limitation on the amount of time Oconee County jail can hold someone?
No, once a person fails to appear, and the bond is revoked then the next court date is the next court date. There is no law dictating how long before the next court date.
- For a felony theft by conversion charge for a contractor, the homeowner is stating...
The contractor was paid all of his, but did not complete the job. IS that correct? Then it is theft by conversion. It does not matter that the contractor purchased 85% of the material
- Are there attorneys that handle recidivism in the state of Ga?
Recidivism is not anything to be handled. Criminal attorneys handle charges. When a person is convicted and sentenced as a recidivist, he will NOT be eligible for parole. There are a number of ways to
- How does a reduced bond work and what are the conditions of a reduced bond?
A reduced bond works the same way as a regualr bond, except the amount required to make the bond is less (therefore reduced) than it was before. Good luck.
- I was just given a ticket for having sex in my car in a public park
Dont' do the crime IF you cannot pay the fine. You need to appear in court, and beg the judge to give you a low fine. You should recognize that after the judge gives you a low fine...
- How Pro-se defendant can prevent previous criminal record from being mentioned
A felony can always be used to impeach a testifying witness. A felony conviction can typically be used as a similar transaction. A felony can be used in aggravation of punishment.
- I was pulled over after leaving a friends house.. I asked the reason for being stopped
What type of help are you looking for? You were found in a vehicle, where drugs were located. Rather than just deal with that charge, you created more drama, by lying to the police about what you were willing to do.
- I'm a 17 year old kid in the state of Georgia. I was arrested for shoplifting from Wal Mart
You are an adult at 17, which is why you went to adult jail. There is a possibility of you going to jail, but you will probably get probation. The issue of why you stole remains unresolved. good luck.
- Can a first offender ever own a gun?
If you plead first offender, then you do not have an expungement. To answer your question: If you have no felony convictions and no convictions for family violence then you can own a gun. Good luck.
- My son in law is incarcerated. The lawyer I was able to get him, since he is on trial for murder...
Request that the judge appoint an attorney to represent him. So, he will be represented by an attorney.
- I have a felony burglary charge. Can the charges be dropped before my court date?
Charges can be dropped, but I suspect that you will need an experienced attorney.
- Back in 2010 mi 18 yo brother at the time was arrested for spiking my drink
Let me get this right: (1) yoru 18 year old brother was viewed as mildly retarded, but no one else in your family noticed it for 18 years? (2) when your mother found out about the incident, she told you to call the police, even though you and your retarded brother were living in her home, rather than she calling the police and taking the lead, is that correct? Please stop writing and find some type of sustainable, productive employment that you enjoy, OR find something at a local school that you might enjoy studying, In other words, get a life.
- I have a felony burglary charge. What happens if the accuser decides not to press charges against me?
If you look at the warrant, indictment or other paperwork,it reads the State of Georgia v. YOU, not the VICTIM v. YOU. The victim is a witness for the prosecutor, not the prosecutor. If the witness fails to appear in court, the case will be dismissed.
- What do you do if your not guilty of a sexual assault but you are accused of rape by a victim?
Since a rape conviction carries a mandatory life in prison (30 years before you are eligible for parole), I would contact an experienced attorney, sit down for a consult and begin preparing a defense. That is what I would do.
- If someone you know has fled the state because they got in trouble with the law...
The police only need to take a warrant, and then where ever the person is stopped he will be arrested an dtransported back to the state where the warrant was issued.
- The Confidential Informant stated that it observed several people inside and outside the residence...
This is a fascinating question for this reason. Let us assume that I vehemently maintain that the judge overstepped his discretion in signing a "no knock" warrant. What can you do with that information? Absolutely nothing. First, either there is no attorney on the case, in which case the law will not be argued by lay folks
- What can I do to get me Felony charge hidden?
There is nothing you can do to hide the felony chrage. And 1st offender would not have hidden the offense either. First offender means if you complete the terms and conditions of the sentence successfully you will not have a felony conviction.
- I have been on probation three yrs in september, that being the end of it...
When the judge gets back around to you, you are going to jail. Good luck.
- I was arrested (misdemeanor) for theft by the company I worked for
Best course of action is to retain an attorney, who mightbe able to contain the effect the charge will have on the rest of your life.
- Do i have the right to face the person in court that planted drugs on me?
Probably NOT. The police located drugs on you. Your defense is he/she planted drugs on you. Therefore, you must find, subpoena and call as a witness the person you claim planted drugs on you.
- My neighbor that lives across the highway came into my yard and hit my dog with a metal baseball bat repetitively
The real question is: Do you intend to pay an attorney $ 2500-5000 to pursue your claims. The witnesses have to be interviewed and subpoenaed to court. Although they apper to be supportive, ti becomes a different story when they are forced to miss work or school. If the witnesses testify as you suggest.
- I am member of a small (charitable)group registered as non for profit. For the years of existence we never received outside contribution
If you report it the police, the police can arrest her and the prosecutor can pursue restitution for you.
- My son is currently incarcerated in a state prison
Retain attorney and let the attorney ascertain what is going on. Neither the DA or the sheriff need to speak to you. Let the attorney do his job.
- In a criminal case that you have been found guilty by a jury,what is the purpose of filing an appeal?
he purpose of filing an appeal is to try and undo the conviction, by arguing that something was not done right during the trial. If client is not in custody, the appeal is normally meant to get the conviction of
- What is the penalty in Georgia for selling class 4 drugs to an undercover officer?
Whatever the judge indicates the penalty will be. there are no class four in GA. I suspect that you mean schedule 4 drugs. The penalty for a sale will be harsher than a possession charge, and IF you sold to an undercover
- My son is being charged with simple battery what are the chances of him going to jail?
He may go to jail. It depends on his record, the prosecutor, the judge and other factors.
- I was arrested in Jan for misdemeanor battery....
Proceed with what the open charges, the info regarding the accusation, what are you referring to? If you miss your court date a bench warrant will be issued and you will be arrested.
- Can probation or court drug test me after my probation has expired?
Your 1st offender disposition will not be expunged. If you have not learned your lesson with drugs and alcohol. Go crazy and wait for the next charge, which will mean a felony on your record. Good luck.
- I had a vehicle that I financed and got behind on payments after losing my job...
It is clear from question that you think you are entitled to drve a vehicle that you are not currently paying for IF you really need that vehicle to drive and you have lost your job. However, that is not the law.
- The judge order me to have absolutely no contact with the mother or my child
No, while you are ordered to stay away from her, IF you do not have a mutual stay away order, she does not have to stay away from you. She can contact you, but you cannot speak to her or contact her if she leaves a message. Good luck.
- Female charged with simple battery against father of her child
She needs an experienced attorney, because the prosecutor maintains control over whether the charges will be dismissed.
- When do you get seized property back from traffic stop?
If the police do not intend to seize the property in forfeiture poroceedings, then as soon as the police intend to release it. What exactly are you looking to retrieve?
- Can you be procecuted in two different counties for the same offense?
You can be prosecuted for theft by receiving stolen property in two different counties.
- Is a prosecutors' office bound by the plea agreement made by an assistant prosecutor?
It depends. When it is accepted in a timely manner, without a counteroffer, yes.
- Once someone pays restitution and the judge had agreed to early release of probation what steps have to be taken ?
Probation files the paperwork and takes care of the issue.
- My boyfriend has been arrested for armrobbery, two other guys has been locked....
You need to retain an attorney
- I have been out the states for three years, I found out that I have a warrant arrest back in the US
No one can know the answer to that question. should the warrant pop up? yes. if it pops up should customs take you into custody? yes. what will actually happen? no one knows. You need to hire an attorney
- Simple assult how to i get it expedited expunged. I want to get it off my record
Assuming the arrest was followed up with a dismissal, then you go to the arresting agency, pay $ 50 and then get the arrest expunged, IF there are no ohter convictions on your record.
- A couple that used their house as collateral on a bailsbond for their daughter has been divorced
Who is the original surviving owner? The mother? Here is the reality, I don't know who was sold what when, but everyone laid claim to the house subject to the lien by the bondsman. good luck
- What charges can be brought on a person who steals $445 from his little league baseball team?
Theft charges. More importantly, do you intend to retain the attorney to pursue the $ 445?
- The Confidential Informant stated that it observed several people inside and outside the residence
This is a fascinating question for this reason. Let us assume that I vehemently maintain that the judge overstepped his discretion in signing a "no knock" warrant. What can you do with that information? Absolutely nothing. First, either there is no attorney on the case
- I'm a georgia resident i had numerous charges in a few counties i turned myself in...
Fulton wants prison because of your criminal history and current serious offense.
- My husband is being detained at the Toombs County Jail, Lyons GA for a probation violation
What information are you seeking. I'm sure the probation officer did not arrest him for no reason. The probation officer will enumerate all of the reasons on the violation of probation petition. He has only been in jail for eleven days. In the next eleven days,
- My husband who is a licensed security guard was on duty and approched by an agressive pit bull
Is your question meant to be rhetorical? Of course, he should not have allowed the dog to bite. That is not the issue. The issue is: Do you intend to retain an attorney to argue that to a jury, or will your
- Do i have the right to face the person in court tha planted drugs on me?
Probably NOT. The police located drugs on you. Your defense is he/she planted drugs on you. Therefore, you must find, subpoena and call as a witness the person you claim planted drugs on you. I assume the drugs were planted on you, and you absolutely nothing about them, and have never been arrested for drugs before. Good luck
- When does the statue of limitations on a death start?
Statute of limitations involves the period beyond which a case cannot be prosecuted. There is no statute of limitations on a murder case
- My sister was charged with trafficking cocaine after a search warrant was served
Did she have a bond hearing? Until she has a bond hearing, there is no appeal. If she has had a bond hearing, she can appeal her denial of her bond in Georgia Court of Appeals. Her attorney should know how to handle that.
- I filed charges against my daughter's father for assult...
It depends. If he is facign criminal charges. there should be a victim-witness person assigned to your case by the prosecutor's office. If not, then you might need to retain an attorney.
- I was charged in 2000 with first time offender and had to do 5 years ...
First of all, you were not charged with first time offender, you were charged with a crime and sentenced as a first offender. Yes, it will show up on a background search. whether it is a problem is ...
- How do i beat a marijuana less than one ounce charge ?
You beat it by retaining an attorney, because you cannot argue your Motion to Suppress yourself.
- My son is being charged with terroristic threats by his school...
I don't know where the charges stand. Was he detained as a juvenile (under 17 years old) and released to his parents pending trial, or was he arrested as a n adult, and is waiting to go back to court? Has a warrant been taken yet? In regards to the photo, the photo by iteslf is typically not terroristic threats.
- I have a public indecency charge against me for being outside in women underwears...
You have been diagnosed at bi-polar. A nolo plea is the same as a guilty plea. There must be some investigation to ascertain if a conviction on the charge will lead to registering on the sex offender registry.
- I have a misdemeanor 5 years ago, how i sponge it?
If you have a misdemeanor conviction, it will probably not be expunged. Why? If every conviction were expunged, no one would have a criminal record. However, FL may have some special exception, so you should consult AND pay a FL attorney.
- How do you prove that you did not open a credit card on some one else name?
The beauty with criminal law is the defendant does not have to prove anything. The state must prove that the person did the crime. Therefore the state will provide discovery (e.g. police report, videotapes, signature cards), which will give the defendant some idea of what the evidence will be at trial.
- A friend was charged with malice murder but they gave him a bond ...
your friend got a bond for malice murder? The only penalty is life in prison. So, at the plea date the prosecutor would either have to reduce the charge from malice murder to something else, or offer a life sentence, which means 30 years before eligibility for parole. I would suspect that an attorney is needed.
- I was wondering about statute of limitations white collar crime
There is no statute called white collar crime. White collar crime is a category of criminal charges that involve fraud and paper crimes. So,no one can tell you about statute of limitations of a category of offenses. The best thing to do is sit down with an attorney for a consult.
- How do you go about getting a record sealed in Georgia?
Convictions are not sealed or expunged.
- What's the punishment for child endangerment in Georgia?
The maximum or what you might be offered by the prosecutor.
- My son has been incarcerated since May 25, 2010 in Gwinnett county on a shoplifting charge
Your son has not had a bond hearing because his attorney has not insisted on having a bond hearing. Of course, the attorney's rationale is: why have a bond hearing if there is a probation hold, because he cannot get out anyway.
- I was just ordered by the court to get my dog spayed/neautered...
Get rid of what? If the dog "gets away" before you get him fixed, then you don't have to get him fixed. If he is found and the judge discovers that you are playing games, then you should expect to go to jail for contempt. Good luck with that plan.
- My friend made copies of my private health issues and passed them out all around the neighborhood
Yes, you can bring charges IF you con convince the prosecutor to take a warrant. If not, then you must file a civil suit, which will require you to spend money. Good luck
- Can a policeman charge you with crossing the guard lines?
Yes police can charge you with drugs that they failed to find on your person when they took you to jail, where the drugs were found. Your question demands that your attorney have experience with the type of case you are referring to.
- Can you be charged with something if the police did not check you?
I assume the question is: can you be charged with contraband (e.g. drugs, stolen cell phone), if the police failed to check you and subsequently found the items in the rear of the patrol vehicle...
- My 20 year old son was offered a plea to reduce a rape charge to cruelty
He cannot join the military with any active probation, AND in five years when the probation is over, the military may still not wish to take him. Recognize also that he may have to register as a sex offender
- Can you go to rehab on your 2nd meth charge when you go to court?
You can always go to rehab, as long as you are not in jail. Is your question: Will the judge sentence me to rehab on my second meth charge? The answer is no one knows.
- How can i speed this up without pleading guilty?
There is really no way for you to speed it up. If you retain an attorney, he may be able to confer with the prosecutor, and get you accused faster, in order to get to court faster
- Woman was murdered in a small ga town. We where both seeing same man...
Yes, you need an attorney, and you need to stop cooperating with police. The police are not on a search for the truth, they are gatehring evidence to charge you.
- Is it illegal for an inmate not to know what's going on w/ their case?
It is not illegal for an inmate to not know what is going on, because there are things that will happen everyday on their case, which they will not be apprised of. If I understand you correctly
- I took my dog to the vet. He was going there to get his rabies
Yes, you can get an emergency injunction. Make sure you collect some funds from all of the other pet owners that want redemption, because it will cost upwards of $ 7500. Indignation costs. Good luck.
- Can I get a first offender I ga expunged early?
Bad news is the first offender plea is NOT coming off your record. You may be able to ask the judge to come off of 1st offender probation early, but the arrest and disposition are on your record for life.
- How do you quash something on your record that you did not go to court for?
Is the question can you quash an arrest? If the arrest appears on your record, you were arrested. That will not be dismissed, sealed or expunged, unless the case is dismissed.
- If a judge admits in the court room that he has known a victim...
If a judge has known a victim and went to visit the victim in the hospital, the judge should probably remove himself from the case. However, the judge is not stupid.
- I have a second possession of meth charge court date coming up...
You will get credit for the time that you have served. The judge is free to give you a sentence of 5 to do 2 years with credit for the 9 months, commuted to time-served.
- My boyfriend was recently arrested for trafficking meth and firearms
If you have nothing to do with the drugs then visit him. If you made phone calls and arranged deliveries, then you should avoid visiting him. Only you know what you have done. In the meantime, make sure he has appropriate representation
- I along with three other people were the victims of a crime that involved...
How do you know that no one in the DA's office had a chance to read teh police report, or more importantly speak to the officer's involved in the incident, rather than read their police reports?
- Can i live with my girlfriend, who i have 2 children with, if she is taking prescription narcotics...
Of course, you can live with her, she just needs keep her medications out of your reach, at either: (1) work; (2) in her vehicle; (3) at her mother's house. If the narcotics are in the house, and you have access to them, then you are going to have drama.
- Someone was arrested under my name and skiped bail and now i have a warrant...
Let me get this right, you yourself went to the sheriff's dept. and inquried about an open warrant. The sheriff verified that there is an open warrant for your arrest, and let you wak out of the jail without arresting you.
- Is it legal for the police to come in and take your hand gun...
I don't know if it is legal, but I know that it is not entrapment. Entrapment is where the police convince you to do something that you would never dream of doing on your own.
- If I damaged property accidentally and never got charged can they come back and charge me later?
You have a statute of limitations question. If the property that you damaged was less than $ 500, the state has up to one year to charge you.
- If a check is tendered for the purchase of an item, can a warrant be sworn out for theft by deception?
The offense might be forgery (depending on how the check is disallowed), deposit account fraud, theft by deception or theft by taking.
- What is most likely to happen to a military member who gets in trouble for riding a motorcycle without a license
The same thing that would happen to a non-military member who gets into an accident without a license.
- My boyfriend has been issued a subpoena to testify in a criminal case
Your boyfriend has received a subpoena, because he is a possible witness against the armed robber. The armed robber will receive a subpoena when it is your boyfriends turn to go to court.
- Can the DA charge you with an offence in one county that happen in a different county?
Yes, if he thinks that he can prove that it occurred in his venue.
- My husband has been incarcerated for 2.5 months now
Difficult to answer this question, because it is multiple questions in one. How long can he be held? Probably up to 3 years. How long can he be held without a court date? If he has an attorney that doesn't know what to do?
- What kind of sentence In the state of Georiga theft by taking and theft by deception have?
Felony theft and/or theft by deception carries a maximum of ten years. The most likely punishment is a function of the accused's criminal history, the value of what was taken,the age of the victim, the prosecutor
- Can you go to jail for calling someone a nigger?
Yes, you can be arrested for disorderly conduct by uttering fighting words.
- How long does it take to receive a court date affter the case has been handed over to the prosecutor?
It depends on what stage it is at, and what the charges are. See court dates, which explains what each court date involves
- If a put person is arrested and given a bond, but has a hold on them from another county
It doesn't matter. If the case that is five years old is a felony the judge probably will not issue the person another bond, because the person has been absent for five years.
- If in jail on arm robbery charges with no witnesses no evidence first time offender can you be convicted
No witnesses. The police do not have the person that was robbed at gun point. No, then you have nothing to worry about. The case will be dismissed. The robbery victim will appear in court. Then you are screwed,
- Is it a violation of law for an attorney to advise their client not to return a motor vehicle?
The attorney advises the client based on the information received from the client and the attorney's level of experience. I cannot tell you if the attorney violated any law
- I recently purchased well pump material needed for a repair at a local store
At first blush what you suggest would be bad business if that is all there was. I suspect that the employee is thought to be acting in concert with others to cheat the employer, in which case the business only cares that they catch all of the thieves.
- I Have a friend in a Georgia state prison. He and I were conversing via
It depends. If you are the worrying type, then I would worry, because state officials from the penitentiary phoned me, and I don't know what your friend will tell them to remain out of trouble.
- My girlfriend got charged with assault for throwing a shot glass in a bar
You need to retain an attorney. If all of the facts are true, all your girlfriend had to do is complete anger management and turn in the paperwork, which she DID NOT do.
- The Police Failed to Read Me My Rights
Every week I receive some question concerning the significance of law enforcement’s failure to read someone his/her rights. Sometimes the question explicitly asks if all of the charges can be dismissed
- I am awaiting sentencing for theft by taking and burglary
With felony convictions in my past, a wife that I love and a young child that I adore, I decided to go out and get high and drunk, even though I know in the past when I get high and drunk very bad things happen.
- My boyfriend is serving a 20/15 under bill441 and is in year 9. Once the manditory 10
If he is serving 15 on an armed robbery, rape, aggravated sexual battery, aggravated assault or some other very serious offense, he will not be paroling out after 10. There is a reason he does not have a tentative parole hearing date.
- Facing child cruelty and reckless conduct charges because moved gun from arm rest to glove
Story sounds strange. Why would school staff report the transfer of the gun from the arm rest to the glove box, and accuse you of pointing the gun at her if you were acting like a mature person having a pleasant conversation
- What are the steps for early release from first time offender probation?
You should retain an attorney, IF you are going to try and get a probation that you agreed to in a plea negotiations reduced. After all, you would not want the prosecutor to come back asking that you do an additional four years on probation
- The Best Compliment
Yesterday, after court, I had a chance to overhear the judge pay me a great compliment. The judge explained that he thought I was a good attorney because unlike one third of the attorneys
- Are there two different types of first offender pleas in the state of Georgia?
No, there is only one. if the behavior that led to the offense has not changed, the 2nd offense may be carrying jail time, since you got the benefit of no conviciton the first time around.
- If you are currently in jail awaiting your court date for driving without a license what will be the penalty?
No one can know the answer to the question, because there are facts that are missing. No one is held for more than 30 days on a first offense of driving without a license. Either he lost his license with a DUI, or possibly two, in which case the driving without a license for a prior DUI will infuriate the judge.
- If you get kicked out of a state as minor for a felony, Can you ever go back?
Do you mean banishment? If you were banished, and your sentence is over, you can go back. When your friend (not you) gets you into trouble, you should be ready for a punishment twice as bad as anyone else.
- Is there a law that allow my record to be sealed after 7 years from a misdemeanor of possession marijuana
I am aware of no law that allows a misdemeanor conviction to be expunged or sealed after 7 years.
- In GA Can You get probation on your first time in trouble?
Yes, if your first time is not murder, armed robbery, trafficking in cocaine, rape, child molestation, aggravated assault, aggravated sexual battery, exploitation of the elderly, treason, exploitation of a minor, serious injury by motor vehicle, or a number of other offenses.
- My friend was arrested for 2 felony forgery counts
No statutory speedy trial demand can be filed until an indictment or accusation is returned. A constitutional speedy trial demand can be filed, but it does not force the prosecutor to trial quickly.
- How long after a person has been arrested for a commercial burglary?
The state has four years in which to indict the person. If the indictment is not filed within four years of the offense, the statute of limitations bars/prevents prosecution.
- If you are arrested and accused of a crime. Do you have a right to a hard copy of the complete statements
After you are formally indicted or accused, you can file a discovery motion, in anticipation of jury trial, and the prosecutor must provide all of the evidence against you
- At what age can a child be subpoenaed in a criminal case in GA?
At the age where the child is competent to testify. The prosecutor does not need your permission to have your 12 year old testify.
- Can records be sealed or expunge when you plead no lo contentra?
A nolo plea is a conviction for many purposes, and will not be expunged or sealed
- Can a lawyer draw up papers to have some one released into your custody?
The drafting of the papers is not the issue, the judge granting the motion to have someone (I assume that is in custody) released to someone else's custody is the issue
- I'm being stalked by my ex boyfriend. And I am pregnant by the man I'm with
Hire an attorney, get a restraining order and make sure ex obeys the restraining order.
- My son is 16 and lives in ga. he went to spend the week at his aunts house in fla...
There is nothing to do right now. Either the Florida police will take a warrant or they will not. Either the Florida police will ask to speak to him before they take a warrant or they will not.
- December 4 was the official date that my 5 year felony probation sentence was set to end
Just because you have not reached your PO, does not mean your PO is avoiding you. Your PO cannot collect anymore money from you, and wants you off his/her supervision list. I suspect that the PO is processing the paperwork.
- If someone has been arrested for a hand gun being fired by accident and causes...
I don't understand the question. The police arrested the someone for what crime (possession of a firearm by a convicted felon, discharge of a firearm within city limits, reckless conduct)? The police did not take the someone in the police car to the jail, and then
- I was arrested at a skating rink because my wife called the police and told them that I verbally threatend
think you should prepare for jury trial. The grand jury indicted you, so the prosecutor will try you. How does your willingness to go to jury trial translate into beating the charges at jury trial? Who will be trying the case?
- I was raped by someone that i know and they claims to be my friend so i know
How can the case be dropped when you never reported the incident and no decision has been made to arrest or jail him? Without you reporting the offense to the police, the police, prosecutor, judge and/or courts will never be involved. No one knows
- Can a felony conviction of Conspiracy to Commit Wire Fraud be expunged from your permanent record?
No, no felony conviction can be expunged.
- I am a 17 year old male and got a citation from the Forsyth County Department of Parks and Recreation
You clearly need an attorney, because you are worried about how your citations will be interpreted, and your possible fine, when you had no concern about your friends pulling out marijuana, smoking marijuana and you hanging out while they smoke marijuana.
- My father had a tractor parked on someone's elses property. A junk dealer
Your father committed a trespass. It would have been impossible to leave the broken tractor on property that he did not unlawfully enter. After your father unlawfully entered someone's else's property without permission, he used that property as a parking lot.
- Can the government break the law to get you to do the same?
The government can break the law to deter crime. The police can arrange (solicit) for the purchase of drugs in order to arrest people selling drugs.
- If a child molestation occurred 8 years ago in ga. Is it to late to file charges?
It depends on when the child turned 18 years old. You need to research statute of limitations, or even better schedule a consult with an experienced attorney.
- I couldn't afford an attorney so the state had me apply for a public defender and they gave...
Before you contact the PD's office or the State bar of Georgia make sure you know what you are talking about. A court appointed attorney is not the same thing as a public defender. Public defenders cannot accept money and cannot work on your out of county matter. Conversely, a court appointed
- How long does it take for your conviction to come off your record?
A conviction is not coming off of your record. If you successfully complete 1st offender, you will not have a conviction, but the 1st offender discharge is not coming off of your record either.
- My little cousins was arrested the other day. One of them was charged with burglary
How do you think the cousin that got away was identified? The cousin that was caught told on him. When they get indicted by the grand jury, they will both be indicted for burglary and possession of tools for the commission of a crime.
- I just found out today after letting a friend stay the night at my house that she was wanted
The fact that you write that you had no ideas not going to change anything for the prosecutor. Let us imagine for a second that you absolutely knew that your friend was a fugitive. What would you say to the prosecutor? You would say, I had no idea, because if you say I have no idea, maybe the charges will be dismissed.
- My boyfriend was arrested on some serious charges the other day. That night, the lead investigator...
Here is how it will go. You will assert your fifth amendment privilege. The prosecutor will grant you immunity from prosecution, thereby eliminating the fifth amendment privilege. Then when you refuse to testify the judge will ordered you jailed in contempt of court until you decide to testify.
- I met a man, we started seeing each other. In our first intimate encounter he forced me to have unprotected sex
What can you legally do if you do not want to keep the pregnancy? That question answers itself. Can you get compensation for moral suffering? What is moral suffering? IS moral suffering where you begin to be intimate with a person, change your mind, the person continues, and you have regrets about the foreplay?
- I was working the night my store became the target of an armed robbery
Sure you can, but clearly you are not that bright. How much money do you think folks that rob stores at gunpoint have. How many investment properties? If they are convicted, they will spend a minimum of ten years in prison.
- I was charged with contributing to the deprivation of a minor because my child had a diaper rash
No one is charged with deprivation because of a diaper rash. What you call a diaper rash, the medical community will probably call something else. Write back with the medical terminology, so everyone can see what the medical personnel observed.
- How many times can a person be reindicted on the same charges?
If you asking the question correctly, the answer is twice. If the charges were dismissed at the preliminary hearing, and have not reappeared, that is not a re-indictment.
- My son and his girlfriend were attacked by a neighbor....
Not likely that your son's charges will be reduced. The girlfriend's charges were reduced solely because your son ate the felony charges. Your son is required to pay medical bills, because there were medical bills.
- Do You Know What You Want?
On Sunday, October 23, 2011, I took my two young sons to see Marsha Ambrosia in concert at Center Stage in Atlanta. I took them because I wanted them to: (1) see how excited people/fans can get about creative artists
- You don`t need to be a bad person to go to prison
The greatest misconception in America today is that you have to be a bad person to go to prison. If I had a nickel for every client and potential client that I have met, who has exclaimed
- What age in georgia could the victim that was under the age of 16 be brought back to court?
The question is barely decipherable. I assume that you are asking about a statute of limitations where the victim is under the age of 16. The statute of limitations does not run on a crime against an under age victim until 7 years after the victim turns 18, which means when the victim turns about 15.
- My husband was arrested almost 3 months and he has not been formerly charged with a crime.
He has no idea why he is being held? Look at the arrest warrant, or the computer at the jail. He has been formally charged. What you mean to say is that he has not been indicted or accused.
- Can a police send an informant to my house with an wire to capture to recordings of me?
You need to schedule a consult with an experienced attorney, because you have a hundred questions that have no logical progression. He is on parole, which means that police can come and search his residence anytime. He does not have the same rights as a non-parolee. can police send informant to yoru home?
- Do i have to see a clerk to get my disposition paper?
Yes, you must see the clerk to get disposition paperwork, or pay an attorney to get it.
- I recently failed a drug test while on probation. Am i going to get jail time?
You should expect to get put out of the PTD program, and return to court to face the charges. Whether or not you need an attorney is a function of your penchant for gambling.
- My husband has been locked up since july 5 and has not been inditted...
You are waiting for the attorney to figure out what he is going to do. July 5, 2011 is less than 4 months ago. It is not unusual to wait 12 months for an indictment. And I know that your husband has a bond, because if he did not the prosecutor would have to indict him within 90 days.
- My son was stop for not having his seat belt on
Whether or not it is an illegal search is a function of whether the judge believes that the officer could smell the small amount of marijuana the police officer located. If yes. then the search is good.
- If no warrent was issued and the person in prison. Is this legal?
No warrant is required IF the grand jury returned a direct indictment. Here is the reality: the person is in prison. He either had a jury trial, which means evidence was presented, or he entered a guilty plea, which means he knows he did it.
- I feel as though i was mistreated. today while i was on my lunch break....
Understand what? You went out to lunch with a person that does not have his driver's license. When he informed you he did not have his license, you agreed to drive his vehicle back to work.
- Will tn extradite over a mistaminer which is breaking an odrer of protection by texting?
Two questions: (1) will tennessee extradite over a misdemeanor (answer- yes); (2) can you get a georgia driver's license (answer - I don't know). I suspect it will not work out for you either way. You now live in GA, which means you have 30 days to convert your driver's license into a GA driver's license.
- My brother was charged with trafficing meth. What can I do to help?
Unless you plan to help him retain an attorney, there is nothing you can do, expect maybe put money on his books when he is incarcerated, and talk about how unfair the system is. If you intend to make any real impact, then you need to hire an attorney for him, and get real with yourself.
- If charged for drug possession and plead first affender and the judge requires you
You are in contempt of court. I suspect the judge will issue a bench warrant for your arrest, or sign a probation warrant for your arrest. Either way, there should be a warrant for your arrest. After you are arrested, please invite me to the hearing, because there will be fireworks
- Expungements- I was arrested in 1995 for writing a worthless check in the amount of $63
Sure. Now you can retain an attorney to research and correct a 16 year old problem. The cost will probably be in the neighborhood of $ 3500 or more. The attorney must pull records of the arrest, conviction and verify that there is evidence that you appeared in court.
- If your record is expunged what do put on a job application under the question, Have you ever been arrested?
First, I would verify that my record has been expunged, because a lot fo clients that think their records ar expunged are incorrect. IF your record has been expunged, then you decide how you want to answer the question.
- I did a Pre-Trial Intervention Program in 2001 and then I had my record expunged in FL
The GA equivalent is the pre-trial diversion (PTD) program, where your record is expunged. First offender, does not expunged your criminal record. If the questionis asked have you ever been arrested, you might want to say yes, especially if you have taken 1st offender, nolo or Alford plea.
- Found a $3000 canoe trapped in a low river while kayaking...
Sure you can fight the case. I suspect that you will need an attorney to fight the case. But it appears that your argument is that you tried to locate the owner? IF parks and recreation can establish that the canoe was taken from a secure area, you might have more of a problem.
- What if i refuse to testify or go to court against a false imprisonment will the charges be dropped?
I assume that you are a witness. If the prosecutor gets annoyed, the prosecutor can issue a material witness warrant, which means that you can be jailed until the case goes to trial. So, as an annoyed prosecutor, I would jail you, schedule the case for about
- Is it legal for a 3rd party to speak at a bond hearing?
Who are the first two parties? Typically, the prosecutor, defense attorney and judge will be speaking. The prosecutor will call some witnesses, who will be speaking. Do you consider then third parties?
- Can an eyewitness be called up to the stand, by the defendant, to testify anytime during the trial?
The defendant is free to call a witness on his behalf in his case in chief. The defendant does not have the right to call a witness until the state completes its case.
- If a 16 yr old girl is Questioned by an Investigator, and tells him her Uncle fondled her
The case would go to court, but the prosecutor would not be able to prosecute the case unless the girl testified. Let me suggest that if the prosecutor uses resources to get an indictment, arrest the defendant and schedule hearings, then the prosecutor will locate the victim and make her testify.
- How long does deferred adjudification remain on your record in georgia?
A deferred adjudication means there is something more to come. If everything goes well, it is a dismissal. If everything goes not so well, it may be a conviction. The adjudication may not show on a criminal history, but the final disposition will show.
- If you violate your first offenders status and the judge revokes it
You can appeal a first offender violation of probation only to the extent that ypu can appeal a normal violation of probation decision. The reality is if a judge violates a defendant and gives him the maximum, the likelihood of winning at an appeal is extremely low.
- Will a dissmissal of a charge show up on a back ground search?
Yes, unless it is expunged.
- What is the charge for breaking into a residence in Georgia without permission?
The charge is burglary.
- What if the person i have to pay restitution to is dead, do I have to pay restitution?
Of course, you do. The decedent (dead person) has a family to whom the money or property would have been given had you not victimized the decedent. So, you must repay the money.
- How to do I appeal my case and get tried as a first offender?
An appeal means you have been convicted. You appeal the case my retaining an appellate attorney.
- What is theft by taking and how would it have to be proved
It is what is sounds like. The accused has taken something that does not belong to him without the owner/caretaker's consent (i.e. stealing). There are a myriad for ways to prove it. The owner can identify it
- I was arrested at my home in Murray Co Ga for giving false report to police
I don't understand the factual scenario. You were arrested in Murray Co. for giving a false report to whom, and when? A Whitfield Co. detective arrested you for giving a false report to a Whitfield Co. law enforcement officer? Is that right?
- What charges must go before grand jury to be indicted?
Every charge has to go to a grand jury to be indicted, since only a grand jury does indictments.
- What would happen to your child if she was with a grandparent and they got busted with drugs
She would probably be placed in DFACS (Dept. Family and Children Services).
- Son has charges of possession drugs and gun. House he just moved in was raided
You can retain an experienced criminal defense attorney for him.
- We were charged with a felony and convicted and placed on intensive probation
Probation officer can dictate a number of terms that he/she thinks will aid in your rehabilitation. Since you cannot remain out of trouble when you are together, she/he is trying apart for a little while
- How much would be the cost of defense for a Minor in Possession of Alcohol charge in Georgia.
I would charge $ 850.
- If i signed a bond for someone to get out of jail and the missed court and the bounty hunters
Now that the person is in jail, the bondsman will come off the bond, and you should have no further obligation.
- If my wife and I are renting a room from my mother, and a search warrant
The officer typically can search the room, unless it has a lock on the door, and it is clear that she does not have access to the room. If the warrant is for items that point to a crime that your mother is involved in
- What do I do after the sherriffs department arrest the person that shot my house
Contact the DA in your county and let them know that you are interested in the prosecution of the individual. It will be about a year before the case goes to court.
- I pawned a tv that was from a rental company that i was paying for it
If you have not been arrested, I an assuming you are scheduled to appear in court for a warrant application hearing. At the hearing, Aaron's will present evidence as to why the warrant should be taken.
- If you are arrested and accused of a crime. Do you have a right to a hard copy
After you are formally indicted or accused, you can file a discovery motion, in anticipation of jury trial, and the prosecutor must provide all of the evidence against you at least ten days prior to trial.
- When you are falsely accused of kidnapping what can kidnapping
If you are falsely accused of kidnapping, you can plead to false imprisonment as the lesser charge, or aggravated assault as a lesser charge or whatever else the prosecutor constructs as a lesser offense.
- Can i make contact if i am the one who started the tpo?
The answer is YES, unless there are mutual stay-away orders. If you need to have contact with a person against whom you asked for a TPO, you should return to the court and have the TPO dismissed.
- What will a 16 year old get for 1st degree forgery with a clean record?
Probation. The next question is what will she get after she violates probation, because forgery is a crime that involves planning and thought. It is not impulsive.
- The property manger said she put out a disposition warrant out on the 18
The property manager has a dispossessory, which means the court have given her permission to reclaim the property. The lease was broken when the rent was late. Let me repeat: The lease was broken when the rent was late.
- When i was 17 i got caught stealing at wal-mart by the security guard
You were never arrested by law enforcement, so it should not appear on your GCIC. However, the case may still be submitted to the local prosecutor for prosecution.
- I was released on bond for a simple battery charge
The words "bond arraignment" do NOT appear anywhere in your letter. I suspect that you have an arraignment, where you will plead guilty or not guilty, which has nothing to
- I'm 18 and my boyfriend is 16. I am also pregnant with his child
Cannot get married without parents consent, unless and until the minor is emancipated.
- How much time would a person face for vgcsa possession of cocaine
For the marijuana, up to 1 year in jail and a $1000 fine.
For the cocaine: (1st offense) 2-15 years in prison and variable fines depending on the amount of drugs. (2nd offense) 5-30 years in prison and variable fine
- Son was arrested, 07/2000; denied bail; sentenced, 08/2001
The 14 years begin at the point where he is arrested, IF he was not in custody on any other holds (probation, parole, offense in another jurisdiction). I suspect that he was
- I`ve been charged for child cruelty in georgia state what could happen
If you decide to resolve the case without an attorney, you WILL be going into custody. IF you do not go into custody the day of the guilty plea (because you agree to
- My son is on probation until september. in september when he gets off
With just the limited info you have provided, I suspect that his probation that has not begun will also be revoked
- Does or can a warrant go away
es, it will go away as soon as you are arrested on it. You agreed to probation (instead of jail), you failed to fulfill your obligations, and
- My son was hit by a police vehicle while trying to elude, on foot. After knocking him down
You can sue the police. Of course, you first have to locate an attorney to take the case, which will probably mean paying him money, because this is not a contingency case.
- If i pleaded to a theft by taking felony and I was a first offender I did probation
You completed a first offender felony probation. Therefore on your record employers will see felony arrest and under disposition, they will see first offender. There is no sealing or expunging that.
- When you are falsely accused of kidnapping what can kidnapping charges be broken down too
If you are falsely accused of kidnapping, you can plead to false imprisonment as the lesser charge, or aggravated assault as a lesser charge or whatever else the prosecutor constructs as a lesser offense.
- My friend snatched a ladys purse and jumped in to my car screaming GO GO GO
Yes, the DA could charge you as a party to the crime of robbery by sudden snatch. What will determine IF the DA charges you will probably the circumstances under which you
- I was contacted by a investigator today and he told me some one filled a report
ou can hire an attorney. If you bring back the items you provide evidence against yourself. If you make a statement, the statement can be used against you in
- As a victim of repeated DV battery/kidnap/theft/stalking over 2 years
You most certainly can hire an attorney to represent you. The attorney's first job is to procure a TPO, to make sure that you are not molested by the defendant. I
- I have recently been told that a bench warrent has been issued for my arrest
Hire an attorney to investigate. IF someone used your name, and you can prove it was not you that got the ticket, then the charges (and the bench warrant) will be dismissed
- Does a warrant for simple battery have a statute of limitation
A warrant has no statute of limitations. You should retain an attorney to assist you in the case. Or just go to any police station and turn yourself in.
- How can you convince the district attorney to reduce drug trafficking
My reputation and presentation of the facts will persuade the prosecutor. How will "you" do it? I have no idea. Therefore, I suggest you retain an attorney
- My brother had been in jail for 2wks now and he went because he was driving
There is no time limit. No one can tell you about the outcome, because you failed to include any facts other than the new arrest for a traffic violation.
- Can i file an appeal for a withdrawal of guilty plea of dv misdemeanor while on probation
You entered a plea, you were placed on probation and you began your probation. You then didn`t like probation or thought you really were not guilty and asked the judge to allow you to withdraw your guilty plea.
- If someone in the court is an onlooker while the jury is present yells out
The judge would determine who the person is. If the person is with the defense, the person would be removed. If the person is with the prosecutor or victim
- My ex-boyfriend has a nude picture of me. He has threatened to post it online
There is no question here. You state a bunch of facts. His threats don't mean anything right now, and because they are just threats, you are not going to retain an attorney.
- I am currently serving First Offenders probation in the State of Ga
You put "NO", I have never been convicted of a felony. When you complete 1st offender you continue to put "NO', but the disposition of the case will not be hidden from anyone.
- My Brother is being charged with theft by taking, from a company
He cannot guarantee that the charges are dropped. I would advise him to retain an attorney, but if he wants to repay the money first,
- I live in Clayton County, Ga and i was falsely arrested last year
If the charge was dismissed, you need to retain an attorney, in order for the attorney to file for an expungement of the arrest. It is a somewhat complex process
- If a victim doesn't show up court date for a criminal case is the case dismissed
The case would not be dismissed by the judge. The prosecutor would have to indicate that they cannot go forward, and either not move for a continuance or be denied the continuance by the judge
- Can a county State court be sued for listing a criminal record as a felony instead of a misdemeanor
The county state court does not list it as a misdemeanor, the GBI lists the gravity of offenses. Of course, I also love when people that have no money and criminal convictions
- I hired a contractor paid him in full never completed work the work he did was shoddy
his is not lawguru, not the vent. I would love to know the rest of the story. How did you select him? What made you go with him? Was he the cheapest? Less learned!
- I was with a minor that was shoptlifting. I didn't know she was shoplifting
You should plead guilty for being clueless: (1) no prosecutor or judge is going to believe that you are in a store with a shoplifter, and you don't know anything about it, and
- I went to the hospital because of a fight I got into with my boyfriend
Very interesting. Why did you need an ambulance for a misunderstanding? I suspect that now that you have called 911, there will be some follow-up investigation. When 911 is
- My 19yr old on was arrested for underage consumption.
Yes, I believe that he needs an attorney. Even if the judge places him
- I was charged with a possession charge,but i beat the charge.at the time of the arrest
Answer: If the police took the money in forfeiture, you must fight the case in civil court. If the amount is less than $ 500, law enforcement might just give it back. If the amount is more than $ 1000, you will probably have to get an attorney.
- My husband is 43 years of age and has never been in trouble
Because he has no prior record, the judge will probably give him probation, commuity service and a fine. While you may think that is fantastic news, I reality it is not fantastic news.
- In 2007 I was accused of sexual battery by an adult girl
True, you were not in hiding, but you were also NOT trying to "talk" to the investigator. So, it took the amount of time it needed to take without your cooperation.
- My brother caught a drug charge 2 years ago. The court continously rescheduled
If he is representing himself, he will probably be loking at prison. The fact that you mention it is his first "drug" offense, lets me know it is not his first criminal offense
- How can i get my money back if i beat a drug charge
The money that was seized in forfeiture must be fought for before the case ends. If you do not hire an attorney and fight the civil forfeiture action, you will not get the money back after you beat the case.
- I was convicted of a criminal damage to property and commercial burglary.
You hire an attorney, and the attorney files a motion, requesting that the terms of the probation be modified.
- I would like to know, if a person is on probation from two counties, has been released
It's highly likely that the person will return to prison, but a large part of it will depend on the representation he hires
- How long does domestic violence stay on your background
A conviction stays for life, but an arrest may be expunged.
- Can a officer see u driving and come bck hr. later and arrest u for driving with out a license
Officer sees you driving has all the time in the world to come back and arrest you. The more time between the driving and the arrest, the more the officer has to explain the delay,
- I have court on Monday for shoplifting I was with my friend who was stealing
Your choice is simple: (1) hire an attorney to defend you; or (2) try and argue to the judge that you did not know anything,
- Can two superior court judges of the same circuit have subject matter jurisdiction
A vague question like that, without facts, and which confusingly mixes criminal and civil terms (indicating the lack of knowledge on the true issues), gives you an answer of "maybe, maybe not."
- My daughter is being charged with a party to a crime
A person charged as a party to a crime faces the same potential sentence as the person accused of commiting the actual crime. Therefore, I would need to know what crime she is a party to. If it is burglary, she faces 1-20 years in prison
- When charge with less than a oz of marijuana and a judge say pay 685
You are charged with less than an ounce of marijuana. If the judge indicated that your bond was $ 685, then you may be able to pay a percentage if a bondsman
- I was charged with 3 felony counts of financial transaction card fraud
Your "real" cousin would call you, hand you a debit card with your "real" aunt`s name on it, then ask you to go into the bank, because she did not want to be seen my anyone that knew your aunt. Is that correct?
- Fiance charged with violation of probation for non-reporting in lawrenceville
s what proper procedure? For the probation officer to not follow through on a promise? Legally, it is fine. Morally, it should also be fine, since your fiance does not follow through on his promise to report to probation.
- My son was in a alcohol and drug rehab facility and then went to an outpatient
He is going to have to hire an attorney. He may be able to have the plea withdrawn if the plea is less than four years old. If it is more than 4 years old, he might be out of luck.
- Recently went to jail in December 2010 for a shoplifting charge of 6.00.
What is your question? Will the prosecutor go forward on a $ 6.00 theft case. With the exception of Fulton and/or DeKalb County, YES the prosecutor will go forward. Next, the judge did not bind the case over to State Court on his own.
- I am charged with burglary and my accuser has passed away
You have nothing to worry about. Without the accuser, the state cannot prove their case. That is the only thing you want to read, so there it is. If you are wrong about anything:
- Wisdom: The Undervalued Virtue
Almost daily, as I listen to criminal attorneys describe their success, I question whether the attorneys are really helping their criminal clients. Take the following scenario as an example
- There is a police officer following my brother right on his tail
Pull him over for what? Speeding? Your brother is free to pull over and let the officer pass him. Entrapment is where law enforcement repeatedly encourages someone
- In the state of georgia can you be arrested without evidence
The statement of someone is evidence. If my wife of 25 years accuses me of a rape, stating that it happened four months ago, I will be arrested. If my neighbor says he saw me stealing his lawnchairs,
- What is the purpose of a criminal status conference?
To find out if the case is ready to be tried, and if not, why.
- I recieved a felony for carring a box cutter in high school, it wasn't used to harm anyone
I recieved a felony for carring a box cutter in high school, it wasn't used to harm anyone. I ecived 2 1/2yrs probation and a $500.00 fine. I wanted to know how to remove this from my background. I have been a minister for the last 6yrs and I have been in any trouble in 18yrs.
- My little cousins was arrested the other day. One of them was charged with burglary
My little cousins was arrested the other day. One of them was charged with burglary and obstruction and the other was just charged with obstruction. The story is that they tried to break into a house and the neighbor called the police and when they arrived
- Top Five Reasons Not to Present Yourself
I get at least two requests weekly on how to expunge a criminal conviction to some minor offense that was committed years ago, which is impacting work opportunities.
- Fiance charged with violation of probation for non-reporting in lawrenceville......
Is what proper procedure? For the probation officer to not follow through on a promise? Legally, it is fine. Morally, it should also be fine, since your fiance does not follow through on
- What effect does reversal and remand have on an original indictment?
IF a conviction has been reversed in its entirety (not one out of three charges), and remanded, it typically means that the prosecutor goes forward again to trial with the
- Do i realy need an atterney to see the video of my arrest
No, tell the judge you are representing yourself, file a discovery motion, and bring your toothbrush to the court date