Possibly. Judges have wide discretion in whether to allow sentences to be served in jail or on probation. Best bet is to try to get a favorable plea deal from the prosecutor before entering an open plea.

The case will be scheduled for a pre-trial hearing. At the pre-trial hearing, a trial date will be set and then the case tried on said trial date.

Chapter 15 of Title 16 of the Georgia code is called the "Georgia Street Gang Terrorism and Prevention Act." Thus, it is merely the title of the chapter. Within Chapter 15 is the prohibition of participation in criminal gang activity (See O.C.G.A. section 16-15-4), which is the actual... View More

Yes, if the police relied upon reasonable, articulable facts that the person they had a valid arrest warrant was on the property. It does not matter if the person was actually on the property if the above standard was met. However, the police will be limited to only search the property for where a... View More

It is possible there will be an administrative record of the stop within the police department records. However, since you were not formally arrested or convicted, the encounter will not likely be public record.

It will depend on the facts and circumstances of when the phone conversations took place and the substance of the conversations. The hearsay exceptions, regardless if the declarant (i.e., person being sued or daughter) is available to testify, are codified in O.C.G.A. section 24-8-803. The hearsay... View More

Assuming the other driver was at fault, you can still pursue lost wages against the at fault driver and recover any lost wages from the personal assets of the at fault driver. This is true regardless of the $25,000.00 in liability limits being exhausted to cover medical expenses, general damages,... View More

Most likely no. Georgia has a two year statute of limitations to bring civil claims arising from injuries to the person, which would include emotional distress. See O.C.G.A. section 9-3-33. Thus, any type of civil claim is likely time barred. Further, even if the statute of limitations would have... View More

Georgia law does not allow expungement of DUI convictions or felony drug convictions. However, you may be able to expunge the drug conviction if it was for a misdemeanor offense. You would file a petition with the convicting court to request expungement.

O.C.G.A. section 35-3-37(j)(4)(A)... View More

The short answer is no. However, if the person obtains a pardon from the governor or was sentenced as a first offender and was discharged without court adjudication of guilt, then the person can own a firearm. See O.C.G.A. section 16-11-131.

The short answer is yes. However, the person must not have a prior felony conviction and the aggravated assault charge must not have been against a law enforcement officer. Further, judges have wide discretion in sentencing someone as a first offender. See O.C.G.A. section 42-8-60. Therefore, the... View More

I am not sure what you mean by "put away." If there is joint physical custody, then you and your ex-husband have equal physical custody rights that would be established by the parenting plan. Thus, your ex-husband cannot unilaterally infringe on your physical custodial rights without a... View More

In the civil context, because the abuse occurred before July 1, 2015, you would have had to file a civil lawsuit on or before your 23rd birthday. See O.C.G.A. section 9-3-33.1. Thus, any civil claim will likely be time barred.

In the criminal context, prosecution would have had to occur... View More

It likely depends on the terms of your probation. If a term of your probation restricts you from being around that person or person(s), or anyone you know to have drugs or is a drug user, then the state may allege you violated your probation.

If it is alleged you violated your probation,... View More

Unequivocally tell your attorney you want to fire him/her. At that point, the attorney should file a motion to withdraw with the Court. Further, it is good practice for your attorney to draft a termination letter and for you to review and sign. However, the termination letter will not be filed with... View More

With the charges listed above, and no prior criminal history, there is no statutorily mandated minimum jail sentence that you would have to serve in confinement. However, judges have wide discretion in sentencing someone to jail (i.e., confinement), probation, fine(s), community service, treatment... View More

The short answer is yes. However, an important caveat is that the State (i.e., Prosector's office in the county where the alleged theft occurred) decides whether to pursue charges, not the victim. Therefore, because the amount stolen was over $500.00, the alleged thief would likely be charged... View More

No, it is not illegal. Of course, it may be good practice or the police department's policy to conduct same gendered roadside pat downs when practically possible. However, there is no statute which requires same gendered roadside pat downs.

You have to exhaust your appeals in state court before you can file a federal habeas petition.

I am not exactly sure what you mean by "divorce separately from my childs [sic] father's rights." If you are married to the child's father and seeking to divorce him, then the child's father will have to be a party to the divorce action and child custody will be handled in... View More