How long does this process take the district court to do this? Is the psr always redone
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answered on Mar 10, 2022
It all depends on why the resentencing was ordered. If it has to do with information in the PSR, such as guideline calculations, then the PSR will be revised accordingly, although the presentence investigation is not redone in its entirety.
- Law Office of Joseph Abrams, Anaheim, CA
Pertaining to OCGA 24-14-8. The question is what exactly am I looking for to determine if the accomplice corroboration charge was or was not included into my jury instructions
answered on Feb 2, 2022
You can purchase a transcript of the trial proceedings or a portion of it. The jury instructions would be included.
For more information visit my website at www.LevinLawyerGa.com
answered on Jan 5, 2022
First of all, I am not a GA attorney. That being said, if this was a criminal proceeding, you have 30 days from sentencing. Regardless, it's 30 calendar days not 30 business days for an appeal. You could still file a motion for new trial with trial court, however, that motion --generally--will... View More 
answered on Nov 1, 2021
This will depend on they type of case and what causes you might have for an appeal. Appeals usually have a short time to file so it is best to retain counsel as soon as possible
he said I need to get another attorney cause he doesn't like losing I only had two days left after he informed me that he wouldn't be handling my case cause he doesn't have time, I found out online that my case had been affirmed.
Don't know if the parents are pressing charges & for the moment she is in jail and bond is posted and already had a court appearance but asked for a court appointed lawyer & he hasn't showed nor called her & the charges she have is Aggravated assault (Felony) Cruelty to... View More
answered on Sep 7, 2021
The first and only thing she should do now is secure defense counsel. She should not be speaking with anyone about the situation - period. Only discussions with legal counsel are protected.
Not on any lease for the apartment complex with no signed documents with them I had moved in to help the lease holder financially two plus years ago with him leaving town shortly after I continued to pay the rent and utilities for over 20 months no issue but late once COVID hit. Was to get... View More
answered on Jun 24, 2021
Honestly, there are too many moving parts in your situation. It would be best for you to sit down with an attorney to discuss the problems you have individually and more specifically.
Suffocated and drugged to the point I cannot sit up when I was taking the first time to jail. I do not want to go back to jail what can I do
answered on Jun 10, 2021
Simple assault is a misdemeanor. As such, it carries up to 12 months in jail. I would suggest that you contact an experienced criminal defense attorney for representation. Furthermore, if you have been diagnosed with any kind of mental health disorders, gather that paperwork for your attorney -... View More
answered on Feb 8, 2021
It depends on whether you were actually the subject of the warrant or you have been mistaken for the person on the warrant. There should be some additional information such as DOB, height, weight, etc. The name issue can be cured by issuing a new warrant with the correct name.
I had a codefendant that was sent home on probation he was the only witness he was sent home via plea by a different judge due to the fact he worked for my trial judge I asked my judge to recuse due to this fact she stated that it was true he did work for her but refused to recuse herself from the... View More
answered on Jan 26, 2021
You need to ask your trial lawyer for guidance on the appeal, as you are entitled to at least one level of appeal. http://www.gapubdef.org/ can assist you if the trial attorney is incommunicado.
For private assistance I recommend folks use Adam Hames, Ms. Leighann Webster or Scott Key.
I was charged with a felony entering auto in 2009 and was tryin to get it taken off my record for a better job. I Was curious if it is something I could do on my own or If I have to get an attorney to do the process.
answered on Jan 4, 2021
I would always recommend retaining an attorney for any criminal matter. An attorney will be able to draft the proper motion and prepare the proper arguments for retroactively treating your conviction under the First Offender Act.
I'm sitting in prison with life cause someone say I kick somebody in the neck and made them die from a UTI from a unclean catether cause they didn't chip on a fifth of liquor and they got me sitting in prison for something that never happened
answered on Dec 14, 2020
Ineffective Assistance of Counsel is a common issue on appeal where the appellant (the one appealing the conviction) asserts that there is a high likelihood that the outcome at trial would have been different, but for the ineffective counsel. Your rights to an appeal are time sensitive so it will... View More
We had an administrative hearing and my ex lied about a check I deposited into his account for child support. The account later became a joint account but he removed $4000 to his personal savings account that I had no access to. He claimed we both used the $5500 but I found proof after the hearing.... View More
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answered on Dec 9, 2020
You may not be able to do anything. Evidence you found after the fact that you could have found before is not a reason to reopen a case,
My motion to suppress was denied but it shouldn't have based on Georgia and federal law
answered on Nov 18, 2020
A Georgia attorney could advise best, but your post remains open for a week. You could search under legal aid and pro bono-related entities. Finding pro bono counsel could depend on the nature of the matter - organizations that offer their services in this area tend to apply guidelines in limiting... View More
The court appointed appellate counsel did not give an opportunity for me to address any issues with him, but there was a shoe print used to pu me at the scene but the shoe wasn't mine...it was a size 10.5, I wear a size 13. The discovery never was shared with me before trial. My cousin had to... View More
answered on Oct 23, 2020
First, I am not a Georgia lawyer. That being said, your question does not address any res judicata matter. As for the withheld evidence certainly that is an appealable issue, and you should raise it on appeal.
answered on Aug 18, 2020
A Georgia attorney could advise best, but your question remains open for a week. This is not an appellate law matter; it is a health matter that needs timely attention. Have them move you or repair the problem if those are the immediately available options. You could sort other issues out after... View More
answered on Aug 2, 2020
First, I am not a GA lawyer. That being said, usually the clerk of the lower court sends "the record" to the appellate court. That is usually everything in the case being appealed--docket entries, pleadings, discovery, motions, transcripts, orders, etc. And generally, the party appealing... View More
If a party has appealed existing court orders (lost appeals, even GA Supreme Court) and has not paid a dime, at the contempt hearing, if the party is found in contempt, can they avoid jail by filing an appeal to drag the case out? What GA case law could be used to prevent appealing if indeed the... View More
answered on Jul 29, 2020
We would need to know about the specifics of your case in order to provide you with guidance. You should consult with an attorney who can review the facts and provide you with guidance that is unique to your case. -Homer P. Jordan IV, Esq. 404-620-1558
I don't think that the indictment was properly returned, an the clerk says there's no minutes of the indictment being returned
answered on May 20, 2020
It is best to contact an attorney as soon as possible who can assist you with your case.
We are glad to assist you. Contact us whenever you are ready.
We wish you well.
-The Upshaw Law Firm, (770) 240-0922.
answered on May 13, 2020
If there was no motion at trial for separate trials (and that motion was denied), I don't see that a trial with co-defendants is a sole grounds for an appeal.
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