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Georgia Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Animal / Dog Law for Georgia on
Q: Predator chased 2 horses, jumped fence ran into highway, killed, no injury , moderste auto damage what's my best options

Gates were locked. Fence made from approved height specs for horses. Added electric was up and secure across top food water hay available. Ran in front of car killed one injured euthanized other. No bodily injury to driver, moderate vehicle damage . Cited 2 counts of animal at large. Whitfield... Read more »

Joshua Schiffer
Joshua Schiffer answered on Jul 31, 2021

I advise working out restitution with the owner of the damaged property and then asking them to support you in requesting. dismissal of the charges. You appeared to act reasonably and accidents happen. At the same time there is strict liability in most animal ownership issues. I imagine,... Read more »

2 Answers | Asked in Family Law and Criminal Law for Georgia on
Q: Can a defendant’s testimony be null and void if the defendant is under guardianship due to actions before court

I recently testified in court for a restraining order on late July and got the order extended due to admitting guilt. The guardianship was recommended by the police to my mother on early May due to many encounters with them. My parents are now planning to file guardianship over me and my question... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jul 29, 2021

There are too many moving parts to your question which prevents us from providing a satisfactory response for you. It sounds like you will need to speak with a criminal defense attorney or just wait and see what your situation is after the guardianship question has been decided.

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1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: My son is 30. He was accused by his girl friend of terroristic threats and he had a firearm when he was arrested.

He is a convicted felon. He has a prior conviction of battery or domestic violence. What should I expect? He is in custody in Alpharetta, GA.

Joshua Schiffer
Joshua Schiffer answered on Jul 27, 2021

Big time gonna need a lawyer. Is he still in the Alpharetta annex or did they transfer him to the Rice Street Jail? He is going to likely get a bond but the Poss of Firearm by Conv Felon is arguably worse than the new Terroristic Threats. Much stiffer penalty.

My direct email is...
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1 Answer | Asked in Criminal Law for Georgia on
Q: If your at a house that gets raided an they find drugs in the house but not on you are they supposed to arrests you
Jermario L Davis
Jermario L Davis answered on Jul 16, 2021

The short answer is that, presence alone (inside of a house that is raided) is not enough for an arrest. Officers are required to have reason to believe that the defendant had access to and the ability to exercise control over the drugs that were found. As such, the circumstances surrounding the... Read more »

1 Answer | Asked in Civil Litigation and Criminal Law for Georgia on
Q: Where can I find extensive information on writ of habeas corpus. Everything I found so far is directing me to West law

I don't need West law. I need other resources not just scanty information and cases. Thanks

Michael D. Birchmore
Michael D. Birchmore answered on Jul 15, 2021

I'm not really sure what to tell you. Westlaw basically has a monopoly on all written material regarding legal issues. You might try reading the United States Code (Federal statutes). Still, statutes are interpreted by the courts on a daily basis. As courts write opinions (rulings), the... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: What is a typical sentence for a simple 16-8-2 theft under 100 dollars

Would there be a ticket involved or would there be time? I just am curious

Jermario L Davis
Jermario L Davis answered on Jul 14, 2021

Typical depends on which jurisdiction you are charged in and your criminal history. Assuming that you have no history, you could be looking at pretrial diversion. Pretrial diversion might include fines, community service, and a theft seminar. On the other hand, a misdemeanor theft could be... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: Misdemeanor shoplifting from employer who allowed employees to have tab.i quit and got charged .i shouldn't be convicted
Ellaretha Coleman
Ellaretha Coleman answered on Jul 12, 2021

There are not enough facts included in your request to give an accurate response.

3 Answers | Asked in Criminal Law, Divorce and Immigration Law for Georgia on
Q: Can the following message from my wife be considered extortion?

You don't know! This is going to be my lat talk to you, do not ask me any more, I need 2 thousand dollars to pay the hospital and the anesthesia, if you don't guive to me I'm done with you at this I you not look back, think and like I said , I need the money not good talking, only... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jul 6, 2021

No.

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1 Answer | Asked in Criminal Law for Georgia on
Q: If my ex girlfriend and her husband want to help me get my aggravated assault charge dismissed what should they do?

I was just charged with aggravated assault battery and elder abuse. The victims were my ex girlfriend who’s is 40 and her husband who is now 78. They both attacked me at once and wouldn’t let me leave the house the police came and arrested me they took pictures of her neck and pictures of her... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jun 23, 2021

Since you have an attorney, you should speak to your attorney about this, or perhaps just copy and paste your post on this site and send it to your attorney. He's representing you, and is responsible for planning your defense---the information you have posted is good information for him and... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: Can a person be charged with shop lifting if they never left the store
Boe Lynn Bowen
Boe Lynn Bowen answered on Jun 16, 2021

Varies by state and judge. In short charged yes, found guilty maybe/depends.

1 Answer | Asked in Criminal Law for Georgia on
Q: If a search warrant return was dated passed ten days doesn't that make the warrant void and eligible for suppression

This a case involving drugs

Jermario L Davis
Jermario L Davis answered on Jun 12, 2021

Search warrants generally have an expiration date. As long as they are executed prior to the expiration date and are carried out within the parameters of the warrant, then they are generally valid.

It sounds like you have some concerns over the warrant and whether it was valid when...
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1 Answer | Asked in Criminal Law for Georgia on
Q: Is walking away from an officer and refusing to identify oneself to an officer obstruction?
Jermario L Davis
Jermario L Davis answered on Jun 12, 2021

These type of cases depend heavily on the totality of the circumstances.

With that said, walking away from an officer is only obstruction if the officer has reasonable articulable suspicion that you are involved in criminal activity. In order words, he must have some specific and...
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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Georgia on
Q: Police came to my residence w a search warrant I was never shown or given a copy of. Is this legal to do?

The residence in question has a different address than what they said was on the warrant. So this is 2 part questions. Are they required to show u the warrant and hand u a copy. And 2. The residence they seized drugs in was different than one on the warrant I never saw. Are these things legal and... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 11, 2021

These are questions that your defense attorney will address with you. I believe I know what you are thinking and why you are asking this question. If I am right, then the arguments that will need to be made will be argued later, down the road. The many facts that are so important are not known... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Georgia on
Q: What will my sentence be for simple assualt it's my second charge and I was intoxicated and mentally manic

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

Jermario L Davis
Jermario L Davis 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 -... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: At a preliminary hearing can the victim of the case refuse to testify by pleading the 5th & it still be bound over

To superior court?

Jermario L Davis
Jermario L Davis answered on Jun 10, 2021

Yes. At a preliminary hearing, hearsay is admissible. This means that the officer can testify to what the victim told him. If the judge believes that the officer's testimony alone is sufficient to meet the probable cause standard, then the case will be bound over.

With that said,...
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1 Answer | Asked in Criminal Law for Georgia on
Q: Can grand larceny of more than $5,000 no more than $10,0000 be expunged off my record

I spent 3 months in countty waiting on grand jury, got 5 suspended 5 years probation and 5 to serve possibly if i violated, well i just got my discharge papers that was signed by judge on 4/21/2021, i got them 2 to 3 weeks ago.. this happened in mississippi

Sam McRae
Sam McRae answered on Jun 9, 2021

You will want to contact an attorney in Mississippi about this one.

1 Answer | Asked in Criminal Law for Georgia on
Q: So in 2019 I got arrested for driving on suspended.well the dropped the charge's and let me out.then at the beginning .

So at the beginning of 2020 they picked it back up and bound it over I need help please talk to me

Sam McRae
Sam McRae answered on Jun 9, 2021

The court has two years to bring the case against you. You may want to call an attorney to consult about your case.

1 Answer | Asked in Criminal Law for Georgia on
Q: My ex- husband and i were driving downtown Atlanta, he got pulled over by a cop for no tag.He purchased a vehicle about

May2021.they locked him up on warrant for child support.i have child support payment portal on my phone.i showed that he has been making some payments.Now he is still in jail from May 30th until present.Now they are saying he has a hold on him for violating his probation ...with no bond.he... Read more »

Sam McRae
Sam McRae answered on Jun 9, 2021

An attorney may be able to contact the court and prosecutor directly to schedule a court date for the probation violation.

1 Answer | Asked in Criminal Law for Georgia on
Q: What happens with 7 shoplifting charges?

My grown daughter (age 28) was caught at the door of Walmart by their security and was arrested for theft by shoplifting. She was accused of swapping price tags and paying a reduced amount for the items. She is currently looking for an attorney. In the meantime, she found out that she is looking at... Read more »

Jermario L Davis
Jermario L Davis answered on May 29, 2021

Without more information, it is difficult to say how this will play out. From an efficiency standpoint, my guess is that the state will charge her on one indictment/accusation and add additional values for any of the 6 charges that they can prove. Assuming that the total loss by Walmart exceeds... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: Can you have an outstanding warrant for disorderly conduct but never received a ticket or a court summons
Robbie Levin
Robbie Levin answered on May 28, 2021

Yes. If you believe such a warrant exists, you should consider hiring an attorney to possibly help you avoid jail time.

For more information visit my website at www.LevinLawyerGa.com

-Law Office of Robbie M. Levin

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