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Questions Answered by Morris Margulis
2 Answers | Asked in Criminal Law and Federal Crimes for Georgia on
Q: I have some questions about criminal charges. I don't understand the structure of charges.

I'm writing a fictional story about someone who broke laws on the federal and state level, and I'm using Georgia as the state law.

Let's say the accused was caught inflicting and trying to inflict physical harm on three officers during the booking process. The accused... View More

Morris  Margulis
Morris Margulis
answered on Feb 7, 2022

If you want your fictional defendant to face a hundred charge indictment, you can probably do that with your scenario, although realistically the state probably would want to boil that down for various tactical reasons that are too complicated for this format.

Take our Simple Battery...
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1 Answer | Asked in Criminal Law for Georgia on
Q: Bond vs probation officer

family member was arrested for DUI. She was on probation for a previous offense (DUI) although it was reduced to reckless driving. Does the probation officer ultimately make the decision on whether the individual is released or not?

Morris  Margulis
Morris Margulis
answered on Jan 25, 2022

These are two cases, the new DUI and the old one, and each case gives the government an independent, though related, claim on holding your family member in custody.

On the new DUI, the probation officer cannot prevent a bond from being granted.

On the old DUI/reckless, the probation...
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3 Answers | Asked in Criminal Law and Car Accidents for Georgia on
Q: The person permitted to drive my vehicle was unlicensed and got into an accident. What is the punishment for § 40-5-122?
Morris  Margulis
Morris Margulis
answered on Jan 25, 2022

It is a misdemeanor offense, punishable by a maximum of 12 months in custody and a $1,000 fine.

Beyond the criminal penalties, you are also exposed to civil tort liability (a lawsuit) for any injuries or property damage caused by the unlicensed person you permitted to drive your vehicle....
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2 Answers | Asked in Criminal Law for Georgia on
Q: can i be arrested for criminal trespass at my house for beaking a chair because my wife had her boyfriend there.

I came home her boyfriend was there I broke a chair he called the cops and left they arrested me for criminal trespass

Morris  Margulis
Morris Margulis
answered on Jan 22, 2022

You can't commit trespass against your own property, but there are other (worse) crimes that could be charged based on the conduct you described, so tread carefully when dealing with the case.

At a minimum, you should get a criminal defense attorney to look over the police report and...
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1 Answer | Asked in Traffic Tickets for Georgia on
Q: Hi, I was given a ticket for hitting a vehicle parked on the highway median. No one was in the vehicle.

FAIL TO NOTIFY OWNER/FIXED OBJ STRUCK (40-6-272). I was picked up by ambulance and taken to the hospital. The policeman gave me a ticket while I was lying down in the ambulance for not contacting the owner of the vehicle I hit. Can I dispute this ticket and have the ticket removed from my record?

Morris  Margulis
Morris Margulis
answered on Jan 21, 2022

Based on the facts presented, you should absolutely dispute this ticket. You need to be careful, however, as the most glaring error on this ticket is one that can easily be corrected by a competent prosecutor.

Please contact my office if you would like further assistance.

1 Answer | Asked in Criminal Law for Georgia on
Q: I was pulled over with my boyfriend and there was drugs in the car we both went to jail I bonded out will I go to prison
Morris  Margulis
Morris Margulis
answered on Jan 14, 2022

If this is your first offense, you are likely not facing prison time, unless there are other aggravating circumstances, such as weapons or significant quantities of the drugs. If you do have some criminal history, the answer will turn on the details of that history - what your past charges were,... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Georgia on
Q: My s/o was picked up on a false warrant ,never had his Miranda rights read to him until after speaking with the d.a

He was also given paperwork to sign without counsel present under the assumption that it was the statement he had just made, but really he had unknowingly signed away his rights... He was incarcerated on 12/30/2021 where he has been held without bond( no bail hearing given) , or evidence,.. the... View More

Morris  Margulis
Morris Margulis
answered on Jan 14, 2022

He needs to act fast to get Habeas Corpus relief. If he can get out of custody, he will be in a much better position to pursue his other claims involving this experience.

1 Answer | Asked in Criminal Law for Georgia on
Q: how many working lights do you need to on your vehicle?

I had 3 working light, 3 out of 4. I was pulled over for this. is it possible that this was not probable cause to be pulled over

Morris  Margulis
Morris Margulis
answered on Jan 13, 2022

Assuming you were not driving a motorcycle, you need at least two working headlights (OCGA 40-8-22) and two working taillights (OCGA 40-8-23).

By driving your vehicle on the roads in violation of these statutes, you are subject to prosecution as a misdemeanor criminal defendant (OCGA...
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1 Answer | Asked in Traffic Tickets and Car Accidents for Georgia on
Q: If I was at fault for an accident and wasn't insured, can the victim take my assets to pay damages?
Morris  Margulis
Morris Margulis
answered on Jan 11, 2022

Yes, they can sue you, and if they win, they can take collections actions against you to collect on their judgment.

If they have uninsured motorist insurance coverage, their insurance company can sue you, as well.

If you would like assistance putting yourself in the best possible...
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2 Answers | Asked in Criminal Law for Georgia on
Q: A person throws a wadded piece of paper striking another in the face. Is that a crime?
Morris  Margulis
Morris Margulis
answered on Jan 10, 2022

Under Georgia law, a person commits the misdemeanor criminal offense of "Simple Battery" when that person "intentionally makes physical contact of an insulting or provoking nature with the person of another". O.C.G.A. § 16-5-23.

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1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Georgia on
Q: If I'm off probation and completed my 1st offenders sentencing successfully does that mean I was discharged by a judge?
Morris  Margulis
Morris Margulis
answered on Jan 6, 2022

It should, but you should check with the clerk of the court that sentenced you to first offender probation to be sure.

1 Answer | Asked in Criminal Law for Georgia on
Q: Can probation be reinstated for a probation violation if the pending charges get dismissed?

My husband was arrested last March for family domestic violence, the case was modified and still pending in Murray County. However, he has been a productive citizen, working everyday and doesn't use drugs. However, I am trying to find out how to get him out of Catoosa County jail. His... View More

Morris  Margulis
Morris Margulis
answered on Jan 6, 2022

As I understand the situation, he was on probation in Catoosa County when he was subsequently charged with criminal conduct in Murray County, and he is now in Catoosa County custody on a probation warrant pending a probation revocation hearing.

If he admits the criminal conduct in Murray...
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2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Georgia on
Q: Its been 32 days since my trial. Can i still file an appeal or motion for new trial? Is it 30 Business days or just 30
Morris  Margulis
Morris Margulis
answered on Jan 5, 2022

Check the Georgia rules for "Computation Of Time" here - https://law.justia.com/codes/georgia/2020/title-1/chapter-3/section-1-3-1-d-1/

You are time-barred from filing a motion for new trial, but depending on the circumstances you may still be able to file a motion in arrest of...
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1 Answer | Asked in Criminal Law for Georgia on
Q: Hi. I have a question... where would be the best place to go and report repeated calling from someone who is harassing?
Morris  Margulis
Morris Margulis
answered on Jan 5, 2022

Depending on the severity of the harassment, you can hire an attorney prepare a Cease & Desist, you can file for a restraining order, or you can contact the police.

If the calls are not threatening but merely annoying, consider simply blocking the calls -...
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1 Answer | Asked in Criminal Law for Georgia on
Q: In jail,, no bond.. Can attorney get judge to grant bond before next hearing

My boyfriend has been in jail for 15 days judge set no bond. We hired an attorney and I was wondering if the attorney could get a judge to grant bond although he previously denied it BEFORE the next hearing or even if the judge would change his mind, Does it have to wait until the next bond hearing

Morris  Margulis
Morris Margulis
answered on Dec 30, 2021

The attorney can file either a Motion For Reconsideration or an appeal of the bond decision through Habeas Corpus.

The best approach to take is very fact specific.

3 Answers | Asked in Personal Injury, Traffic Tickets and Insurance Defense for Georgia on
Q: What is the Georgia state law or Fulton county law that states or implies that a driver is at fault for a lane merge.

I was in a accident where the lanes merged from 2 lanes into 1 lane (the right lane merged into the left lane). I was in the left lane, but the driver in the right lane sideswiped me trying to cut me off. The driver that hit me was cited with a warning, I of course received no ticket. My insurance... View More

Morris  Margulis
Morris Margulis
answered on Dec 24, 2021

There are a number of bases that your insurer could rely upon to make this determination. Maybe you were distracted (OCGA 40-6-241(b)) or driving too fast for the conditions at the time (OCGA 40-6-180).

Rather than guessing what your insurer is using to avoid liability for the wreck or...
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1 Answer | Asked in Criminal Law and White Collar Crime for Georgia on
Q: In Georgia, under OCGA 42-8-38, does Probation begin when a motion challenging the Probationary Sentence is pending?

After servicing the imprisonment portion of the sentence and never reported?

Morris  Margulis
Morris Margulis
answered on Dec 15, 2021

A pending motion to modify a criminal sentence (whether in custody or on probation) will not automatically pause that sentence.

You can ask for a supersedeas bond to relieve you of your probation obligations while your motion is pending, but absent relatively extreme circumstances, you are...
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1 Answer | Asked in Traffic Tickets for Georgia on
Q: What’s the fine for an improper lane change code 40-6-123

Signal was used. Driver was fully in the lane and then was hit by car behind

Morris  Margulis
Morris Margulis
answered on Dec 12, 2021

Most people find this difficult to believe, but according to OCGA 40-6-1(a), almost every traffic violation is a "misdemeanor", which, according to OCGA 17-10-3(a)(1), is punishable by a fine up to $1,000.00 *and* up to one year in jail.

Practically speaking, it is very rare for a...
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1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: My bf and I had the same 2 charges. He plead guilty and was convicted of both charges. They are now trying me. Can they?

It's a drug charge. He's currently in prison for the charges. I went to court this am. Offer was 3yrs and pay fine. I didn't accept it. DA said it's legal what their doing bc my bf didn't claim ownership even though he plead guilty. Does that even exist?!

Morris  Margulis
Morris Margulis
answered on Dec 8, 2021

They can do this. It is called "joint possession". Here is a helpful summary of "possession" in the context of contraband:

"Possession of contraband may be actual or constructive. Moreover, joint constructive possession with another will sustain a conviction for...
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1 Answer | Asked in Traffic Tickets for Georgia on
Q: How do i request the video of traffic stop and any other material the assistant DA has concerning my bench trial in ga.
Morris  Margulis
Morris Margulis
answered on Nov 22, 2021

The fastest, but least complete, responses you can get by sending an Open Records Request to the police department that conducted the stop.

For the most complete information, you have to do a discovery motion. Sometimes the motion itself isn't enough, and you have to file a motion to...
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