Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Jermario L Davis
1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: I was not told about 1st offender in 2013 for a family violence misdemeanors, can I now I use it retroactively?

I'm in a strange position, because of the family violence misdemeanors I'm not able to have a firearm, but I'm not a felon and there isn't a clear path to restore those rights. Pardons are for felons, so I can't go that route. When I was convicted my Lawyer never told me... Read more »

Jermario L Davis
Jermario L Davis
answered on Sep 30, 2022

In short, the time that the law gives you to petition the court to withdraw your plea has expired. (Hence, the law is not on your side) As such, you would need a prosecutor/solicitor to consent to a withdrawal in order for sentence to be undone. Thereafter, the judge would have to accept the... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Georgia on
Q: Is it possible for the trial judge to have a old classmate in the jury in a murder trial without it being a conflict?
Jermario L Davis
Jermario L Davis
answered on Sep 30, 2022

In and of itself, I don't see there being a problem with a juror being an old classmate of the judge. The primary consideration for a juror to be seated is whether or not he/she is able to be fair and impartial under the present circumstances. If the juror was an old classmate of the... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: Should a sentence be recompiled if the charge which caused the revocation is dismissed due to prosecutor's negligence.

I was charged with felony obstruction of an officer for throwing liquid out of a cell.I proclaimed my innocence and there was 3 other cells that could have done it.A year later the charged was dismissed as I had statements from the perpetrator that he had done it.

Jermario L Davis
Jermario L Davis
answered on Aug 29, 2022

The short answer is No. The proof needed to revoke your probation is much lower than that which is required to convict you of a crime. This means, a prosecutor may have enough evidence to violate your probation but not enough evidence to convict you of the crime that led to the petition to... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: What code could I argue in ga.if an officer blatantly lies in a statement that assisted in my arrest And I have proof?

The officer said that the victim who is my fiancé emailed him the ring footage when, in fact, he emailed them to his self, without her permission without her knowing. And I have a ring footage that shows him emailing them to his cell with the timestamp from the email from my fiancé as well as... Read more »

Jermario L Davis
Jermario L Davis
answered on Aug 16, 2022

The primary issue you bring up here is the officer's credibility. In other words, whether the Judge or a jury should trust testimony provided by him. Unless there is evidence that the officer tampered with the footage or modified it in some way, the fact that he lies about the way in which... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: What can we expect from an elderly Vietnam veteran threatening to shoot a doctor over the phone?

This involves an elderly disabled veteran in cronic pain frustrated over a doctor's perceived as incompetent

Jermario L Davis
Jermario L Davis
answered on Aug 10, 2022

Assuming that the incident is reported to law enforcement, the actual charge(s) will come down to the exact statement made to the alleged victim. Based on the info that you have provided, this individual could be charged with the offense of Terrorist Threats. There are two types of terroristic... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: In Georgia do Felony Probation warrants expire? Or can you refer me to statue code.
Jermario L Davis
Jermario L Davis
answered on Jul 6, 2022

No, probation warrants do not expire automatically.

Once a probation warrant is issued, the courts generally have to issue an order recalling the warrant for it to go away. However, because probation is limited in time, the probation officer would need to ask the Court to issue a tolling...
Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: Question about TRAFFICKING IN COCAINE, ILLEGAL DRUGS, MARIJUANA, OR METHAMPHETAMINE charge.

If you receive this charge, are you being charged with trafficking in ALL these substances? Why wouldn’t you receive a separate trafficking charge for each offense?

Jermario L Davis
Jermario L Davis
answered on Jun 27, 2022

No. That is just the name for that section which covers multiple substances. The arrest warrant will specify the exact drug/substance that the defendant is accused of trafficking. Unless there are multiple charges for trafficking, the defendant is only being charged with one of the substances.

1 Answer | Asked in Criminal Law for Georgia on
Q: Can I have my fingerprints or DNA expunged from CODIS and state database upon completion of conditional discharge?

Controlled substance possession 2015. Sentenced to 3 years conditional discharge felony probation in 2017. Completed in 2020.

Jermario L Davis
Jermario L Davis
answered on Jun 27, 2022

The general rule is that your DNA is only captured and placed in CODIS if you are convicted of a felony offense. Because you pled under the conditional discharge statute, no conviction occurred. Therefore, your DNA should not have been placed in the system (unless (1) a petition was filed, (2)... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: If a drug wasnt found on person during traffic stop can that person be charged with possession??
Jermario L Davis
Jermario L Davis
answered on Jun 6, 2022

The short answer is yes. Keep in mind that it takes a lower standard of proof to charge a person (probable cause) than it does to convict someone of a crime (proof beyond a reasonable doubt). Furthermore, there are different types of possession...physical possession, constructive possession,... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: In Georgia 2010 I was charged and convicted for possessing ten dollars worth of cocaine. Can i get the charge expunged?

I want my gun rights back.

Jermario L Davis
Jermario L Davis
answered on Jun 6, 2022

As a general rule, convictions cannot be expunged in Georgia. Of course, there are some exceptions whereby the defendant may be allowed to withdraw a plea and be resentenced as a first offender or under the conditional discharge statute, if he or she was eligible to do so when the plea/conviction... Read more »

1 Answer | Asked in Criminal Law and Probate for Georgia on
Q: Can I be convicted for flee and illuding motor vehicle with no video no
Jermario L Davis
Jermario L Davis
answered on May 10, 2022

Yes. Evidence can be admitted by way of video or verbal testimony. Therefore, the officers involved in the traffic stop could simply testify to what took place (what they observed) and it would be up to the judge or jury to determine if that verbal testimony is credible. As you might imagine,... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: I submitted a previous question of 90 day bond. What if the probation violation is from the charges for 90 day bond
Jermario L Davis
Jermario L Davis
answered on May 3, 2022

Not quite sure that I understand your question. That being said, if you charged with a crime while on probation. The new charge(s) will trigger a probation violation which is a separate issue that you will have to resolve in addition to those new charge(s). Furthermore, if you are in custody for... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: Yes my fiance is incarcerated in ga for a technical violation the prisons are already overcrowded what can I do

He only had a technical violatiol

Jermario L Davis
Jermario L Davis
answered on Apr 29, 2022

Technical violations carry up to two years in prison -- if a defendant is revoked. The fact that prisons are crowded is generally not a factor that the courts consider in determining a defendant's sentence. Your best move is to hire a good criminal defense attorney or seek the services of... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: What is the best way to take care of a 4th degree forgery check before your arraignment can it be paid beforehand
Jermario L Davis
Jermario L Davis
answered on Apr 29, 2022

It may be in your best interest to speak with an attorney prior to trying to resolve on your own. The problem with simply paying is that you could still be convicted of the offense. Hence, resolving the bad check does not mean that the crime was not committed. Therefore, the prosecutor could... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: My fiance was arrested on 1-31 and still hasn't had his case heard before a grand jury. 90 days will be Sunday.

Because of being arrested on these new charges they have also charged him with probation violation. Is he still eligible for a 90 day bond? GA code 17-7-50

Jermario L Davis
Jermario L Davis
answered on Apr 29, 2022

Based on the information that you provided, he would be entitled to a 90-day bond. However, this does not mean that he will automatically be given a bond. His attorney would need to file a petition for bond and argue to the court that he meets the requirements of 17-7-50.

In regards to...
Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: Attacked in jail led to 17 day hospitalization.we were told Charges were dropped now 5 months later they have set court

He was attacked in june . Just got a notice in mail of court date. Deputy that took him to hospital told us they were dropping charges because they didnt want pay a deputy to go with him to the hospital he was being transferred to

Jermario L Davis
Jermario L Davis
answered on Dec 6, 2021

Deputies don't have the authority to drop charges. Only a DA or a solicitor would have the authority to make such a promise.

1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: How can someone be indicted after being arrested on defective warrant?
Jermario L Davis
Jermario L Davis
answered on Dec 6, 2021

A warrant is not defective unless a judge determines it to be so. As such, any indictment resulting from that arrest would be presumptively valid. That being said, depending on several factors, including any evidence used to obtain the warrant, you may have a valid defense to the charges if... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: If I was witnessed on the store camera concealing Goods but never exited the store can I be charged with shoplifting

I know this warrants a civil suit but does it warrant a Criminal suit also

Jermario L Davis
Jermario L Davis
answered on Nov 17, 2021

The short answer is yes. Shoplifting revolves around the intent of the defendant. As such, if you conceal the item, that is enough to charge you with shoplifting even if you do not exit the store.

In general, shoplifting is a misdemeanor if the retail value of the item(s) is $500 or...
Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: For a first offense of a felony burglary charge, will i get probation?
Jermario L Davis
Jermario L Davis
answered on Oct 25, 2021

There are three types of burglary in the state of Georgia -- 1st degree, 2nd degree, and smash and grab. All three are felony offenses. The penalties for the three types vary from a minimum of 1 year up to 20 years. Whether the state offers probation depends on a variety of factors....the facts... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: What does the wording in O.C.G.A. 16-6-3, provided that no conviction shall be had for this offense on the unsupported

testimony of the victim mean?

Jermario L Davis
Jermario L Davis
answered on Oct 22, 2021

...it means that there must be evidence to support/backup the testimony of the victim. Generally, this can be physical evidence (injuries, DNA, etc.) or other evidence (text messages, other witnesses, etc.) that corroborates what the victim testifies to. Without some supporting evidence, the... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.