The property involved was owned by and individual and not the State, that is what they mean.

Basically whatever was allegedly damages was someones possession and not a cop car or other publicly owned property.

I am betting a cell phone or something in the house was allegedly... View More

I tend to agree with my colleague above. If there is a question as whether someone tried to use State Power to control your behavior, I stay away.

Fighting service is generally not a great idea, although if they do not serve you within a period of time the application can become stale and... View More

Sadly the above answer is spot on, as the State determines all charging decisions. The complainant CAN deeply influence the process, and can downright spoil the states intentions if they want, but the actual charging decision is theirs.

An affidavit may help but be careful. The State is... View More

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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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.... View 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... View More

You certainly need to raise the issue with the State as they can motion for additional protections as part of the prosecution. The DA's office generally has a victim/witness advocate and they should be able to assist, as it is generally a pretty easy ask if there is justification.

There is way too much to unpack there without details.

First of all, if anyone is under threat then law enforcement needs to be called if only to ensure safety AND create a neutral witness to any child related issue.

A lawyer will need to obtain substantial additional details... View More

That is INSANE!!! I cant believe it! Is there another law enforcement agency in your county such as a local police agency?

The GBI is the next step if the locals wont do anything, thats nuts!! You may also want to call the press, but really a local lawyer should get involved at that... View More