Only SOME cases in muni court can be transferred to a State or Superior Court. It depends on the charge as well as how the state choose to charge it.

DUI and more substantive crimes almost always can be bound over to a trial court, you just need to file a Jury Demand or a motion to bind... Read more »

This is my core practice area, and he needs a strong lawyer at a minimum. You may benefit from independent counsel as well, since the State can be very aggressive leaning on alleged victims during the case.

ANYTHING you say to the State can get twisted and turned around, so be VERY... Read more »

Procedurally that is not going to get very far. Any contempt issue should have been raised in the TPO hearing where the Ex Parte expired, and it would appear the TPO was not granted. So there is a mootness issue on top of everything else.

It would be a bit of a mess, and if the Court... Read more »

They are NOT off limits, and anytime you have a defined benefit issue during a divorce you need to be sure you are addressing it properly as once it becomes a mess, cleaning it up is an endless task.

Invest in a lawyer to walk you through this process, as the costs will escalate if you make... Read more »

BE VERY CAREFUL!!! Changing a statement and attempting to challenge or obstruct an investigation gets really challenging, and can expose you to consequences. You need to hire a LOCAL lawyer who knows the players, as your request is as much art as anything else.

The issue is that in many... Read more »

In Georgia, you have a constitutional right to a bond on ALL misdemeanors. Full Stop.

No more than 72 hours should pass before a bond is set on ALL misdemeanors in GA, unless there is a hold for other reasons. This is a big deal. The bond can be HUGE, but the court MUST set one.

A misdemeanor conviction for Domestic Violence impacts your 2nd amendment rights and likely prohibits you from possessing any firearm.

You need to get a clear copy of your record and look into either changing the status of the charge retroactively or seek a pardon if there is a DV... Read more »

Lots to unpack there, and you have a lot of influence over the process as much as the State is going to use their independent tools to determine what happens.

The local prosecutors should have a victim witness team to support and guide you, although remember they work for the prosecution... Read more »

Sadly these "late charges" are becoming more and more common. Its awful. You need to retain a local lawyer in West GA to assist you, as they will make the process MUCH easier as you do need to satisfy the warrant before it interrupts your life even more. They will help you with a quick... Read more »

From a webpage I often rely on:

Only those individuals who have received training administered or approved by the Office of the Child Advocate may serve as a GAL in a proceeding concerning the custody or welfare of a child. O.C.G.A. 15-11-9(b). A GAL shall receive such training as provided... Read more »

The best way to get whatever information is in the file, including what evidence was made part of the record, is to contact the clerk of court for the matter and request a copy of the file.

Now the case you have is at the GA Supreme Court so the only filings will be those for the appeal... Read more »

It generally within a couple of weeks, but it is not #fast as the hearing schedule is all up to the courts. The best way to get a revocation moving is to hire a local lawyer who works in that circuit all the time and they should be able to facilitate directly with the Courts in an effort to move... Read more »

The above is correct and it stinks when the PD is ignoring the clients needs. Unfortunately often the PD's are dramatically overworked and cannot provide the services and attention that a private lawyer can, so it may be a good idea to call some LOCAL lawyers and inquire about hiring them.... Read more »

Absolutely you can be prosecuted under a few different pathways and this is a very precarious position for you. The state is very familiar with putative victims trying to assist and support their loved ones when they may have said something that is inculpatory, and they have a TON of tools to... Read more »

There are three relatively easy pathways

1. Call the local police and make a report. Officers are mandatory reporters with violence against children and will have to take notice

2. Call your local DFCS branch and do the same. They WILL take action

3. you can always apply... Read more »

Pretty sure that is some sort of local code, as the OCGA for that number is a venue issue. Without more info it is hard to say.

When officers are dispatched to a DV there are a lot of issues in play, and their primary goals are going to be securing the safety of everyone followed by... Read more »

Lots to unpack there. It "all depends" on the situation and facts, as a TPO is different from a criminal charge and the bond from a criminal charge operates differently than a TPO.

Marriage adds more complications and a step back to gather your thoughts and get some guidance from... Read more »

As it sounds and from the perspective of the report maker, generally the police officer investigating the incident. It is not a conclusive finding in an investigation, and primary aggressor is most important when determining who is going to be arrested and then during the prosecution it becomes... Read more »

You are facing a super hard issue and the world is not very understanding.

The main issue is that no one should be in fear, especially children, at home. And a call to police is undeniable that you were scared, so the state is going to take a position that the call was valid and therefore... Read more »

Unfortunately no, and the "Victim Witness" is one of the most difficult folks to interact with if you are involved with a DV case. They work for the State and against the defendants penal interests. Regardless of whether you work with them, they are working for the Prosecution and that... Read more »