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Georgia Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Georgia on
Q: I called the sheriff's office today to get information on an arrest warrant on me. They told me my warrant expired.

Do warrants expire? I asked to speak to a detective and begged them for any information on how I could get the warrant resolved and was told that my warrant had expired. Is this possible? For a felony warrant that is.

Glenn T. Stern
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answered on Mar 22, 2023

It's possible. For example, if the arrest warrant was for a misdemeanor charge, the statue of limitations in Georgia to prosecute is two years. So, for example, if the charge was a misdemeanor and older than that, then it may no longer be prosecutable (i.e. "expired").

1 Answer | Asked in Criminal Law for Georgia on
Q: If I have prior drug charges but am no longer on probation and get a trafficking charge? Is there any way of rehab?
Robbie Levin
Robbie Levin
answered on Mar 22, 2023

There are mandatory minimum prison sentences for trafficking charges. The minimums depend on the weight/amount of drugs. To avoid prison time, you would need an attorney to negotiate a reduced charge.

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

1 Answer | Asked in Criminal Law for Georgia on
Q: If the police come to my house looking for someone can they arrest me for smoking weed
Glenn T. Stern
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answered on Mar 21, 2023

Yes, if police in Georgia happen to come across you while you are smoking weed, they can arrest you for it--even if they were originally there for another purpose. Police are not required to turn a blind eye to criminal activity if they discover it just because they weren't looking for it at... Read more »

1 Answer | Asked in Criminal Law, Family Law and Legal Malpractice for Georgia on
Q: Can Cmplaint B filed if lawyer contacts person w/no-contact ordr against them, then calls cops days later & Reprts Cntct

I was dating lawyer. Broke up w/her, she trashed my house. Cops were called, she was chargd w/felony proprty damge. We got back togthr. To avoid losing license, she wrote a stmnt that got her out of trouble and put me in trouble. I ended up w/ false reprt of crime (1 yr probation, ankle monitr... Read more »

Regina Irene Edwards
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Regina Irene Edwards
answered on Mar 20, 2023

You need to speak with a good criminal attorney. A bond condition is not a suggestion - no contact means no contact.

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: If I’m on probation and got arrested for a gun that wasn’t mines and possession of controlled substance what am I facing

They didn’t find the gun on me and I get off probation in July.

James L. Arrasmith
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answered on Mar 19, 2023

If you are currently on probation and have been arrested for possession of a firearm and a controlled substance, the consequences you may face will depend on a variety of factors, including the laws in your jurisdiction, the specifics of the charges, and the terms of your probation.

In...
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1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: Whats the most common judicial punishment by the Superior Court system for an individual who is charged with trafficking

1 16-13-31 TRAFFICKING IN METHAMPHETAMINE OR AMPHETAMINE Felony SUPERIOR

23-4996FW 1 16-13-30(B) POSSESSION OF METHAMPHETAMINE WITH INTEN T TO DISTRIBUTE Felony SUPERIOR

23-4997FW 1 16-7-20 POSSESSION OF TOOLS FOR COMMISSION OF A CRIME Felony SUPERIOR

23-4998FW 1 16-7-20... Read more »

James L. Arrasmith
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answered on Mar 19, 2023

The punishment for trafficking, or any other criminal offense, can vary depending on the specific circumstances of the case and the jurisdiction in which it is being prosecuted. However, in general, trafficking is a serious offense that can carry severe penalties.

If an individual is...
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1 Answer | Asked in Criminal Law for Georgia on
Q: Do you have to be caught with the merchandise if you are charged with shop lifting.
Glenn T. Stern
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answered on Mar 14, 2023

Yes, you can be charged (and convicted) even if you were not physically caught with the merchandise. Under Georgia law O.C.G.A. § 16-8-14, shoplifting includes all of the following:

Conceals or takes possession of the goods or merchandise of any store or retail establishment;...
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2 Answers | Asked in Criminal Law, Family Law, Civil Rights and Constitutional Law for Georgia on
Q: I'm being charged for Same offense in 2 separate courts?Higher court has been disposed and rehabilitated.

I've being held in a Dependency case due to a charge that is reduced and disposed of but they still hold me in jouvinile with a charge that for abuse and no charge anywhere of dui and then have me in another county sui.g me in a custody battle I never recieve any summons for I'm in 3... Read more »

James L. Arrasmith
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answered on Mar 11, 2023

It sounds like you may need to speak with an attorney who can review your specific case and provide legal advice tailored to your situation. It is unusual for someone to be charged for the same offense in multiple courts, especially if one of the charges has already been disposed of and... Read more »

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1 Answer | Asked in Criminal Law, Civil Rights and Libel & Slander for Georgia on
Q: I am being overly stalked and harassed. I have already sent a cease and desist letter. Let what should I do next?

I am being overly stalked,slander,and harassed by my racist neighbors. This has been going on for 7 almost 8 years.

These people are narcissist. They are very good at lying. They have 3 cameras on our house for what I don’t know we have never committed any crimes been living here March... Read more »

James L. Arrasmith
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answered on Mar 11, 2023

I'm sorry to hear about your situation. If you have already sent a cease and desist letter to your neighbors and the harassment and stalking continues, you may want to consider taking legal action to protect yourself.

Here are some steps you can take:

Document the harassment:...
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2 Answers | Asked in Domestic Violence, Family Law and Criminal Law for Georgia on
Q: If I have a restraining order against my son for family violence, can I remove him from the deed of my house?

My husband and I purchased a home and was manipulated into adding my son and his children's mother to our deed. The agreement was for them to pay half of the mortgage. After adding them the the deed we have received no money for the mortgage nor bills. However, I have been abused mentally,... Read more »

Regina Irene Edwards
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Regina Irene Edwards
answered on Mar 8, 2023

You cannot remove someone from a deed unilaterally. Even if you have a restraining order. You will need to contact a civil attorney to resolve the issue. Your son has interest in the house.

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1 Answer | Asked in Criminal Law for Georgia on
Q: how do i file a motion of a continuance on behalf of my fiancee who is in jail. we are hiring a private lawyer.

its a probation hearing. he was at work. his probation officer come to the house and he wasnt home. his dad is in last stages of dementia and he told them we didnt live there. he has lived there ever since he had a stroke in november 2021. he was released from rehab because of stroke. he was... Read more »

Robbie Levin
Robbie Levin
answered on Mar 6, 2023

If he has a court date scheduled, it's obviously best if you can hire a lawyer before that court date. However, if you need time to hire a lawyer, then you can show up at the court date and orally request a continuance to hire an attorney. Most Judges will grant at least one continuance to... Read more »

1 Answer | Asked in Domestic Violence and Criminal Law for Georgia on
Q: How long does a person sit in the county jail without bond on a misdemeanor battery - family violence charge?
Joshua Schiffer
Joshua Schiffer
answered on Mar 2, 2023

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.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Georgia on
Q: I was arrested for driving to work for suspended license twice in 7 days. What Civil rights and laws did they break?

Secind time in 7 days now. First time deputy who was sitting at four way with another deputy in second vehicle, pulled out and went on by as i turned into parking lot of patels gas station where they were both sitting. I went in paid for gas and soft drinks walked out pumped gas got back started... Read more »

James L. Arrasmith
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answered on Mar 2, 2023

It is important to note that driving with a suspended license is considered a criminal offense and therefore subject to criminal laws, not civil rights laws. However, in general, law enforcement officers are required to follow proper procedures and protocols when making an arrest, and individuals... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Georgia on
Q: Can I purchase a firearm with a GA First Offender on my record ?

I was sentenced as a GA first offender in 1996 and completed it in 2006. I also have a misdemeanor in 2004 and pled to 1year probation. it was an obstruction of officer. I have nothing else since 2005.

James L. Arrasmith
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answered on Mar 2, 2023

Under federal law, a person who has been convicted of a felony or certain misdemeanor crimes of domestic violence is prohibited from owning or possessing a firearm. However, a GA First Offender on your record does not constitute a conviction and therefore does not automatically disqualify you from... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Georgia on
Q: Can you win your case based on violation of amendment rights in Georgia Superior Court?

My attorney for my state charge told me this has to be brought to federal court after the conclusion of the State's charges. Is this correct?

James L. Arrasmith
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answered on Mar 2, 2023

It is possible to raise violations of constitutional rights as a defense in a criminal case in Georgia Superior Court, but it ultimately depends on the specific facts and circumstances of your case. If your constitutional rights have been violated, your attorney can raise those issues as part of... Read more »

2 Answers | Asked in Criminal Law for Georgia on
Q: If they go to court after it over do u get ur money back u put up to get them out

We pay 3000. Dollar and they did not give it back

Glenn T. Stern
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answered on Mar 1, 2023

Once the case is over (either dismissed, or a plea or conviction is entered), the bond is returned to the person or people posting it. However, if you went through a bonding company to make bail, then the money you paid (typically 10-12% of the total bond) was a fee for them to post the entire... Read more »

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1 Answer | Asked in Criminal Law for Georgia on
Q: My question relates to a ruling from the court. I went to Twitter first. Unmitigated disaster.

Recently in the Alex Murdaugh trial Judge Newman objected sua sponte to a leading question by defense counsel. I’ve seen judges do this with Pro Se litigants before but never for the state.

To my non-lawyer brain this seemed highly objectionable. Did this violate judicial ethics and the... Read more »

Glenn T. Stern
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answered on Feb 26, 2023

Judges have broad discretion in the way they run their courtroom and in trying cases. I didn't see the specific example you gave, but it is not uncommon for judges to summarily shut down a question (or line of questions) without first hearing an objection from the other side. Judges are not... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: Possession of primitive black powder guns pre-1898 year of manufacture by a convicted felon in the state of Ga.
Glenn T. Stern
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answered on Feb 23, 2023

It is true that pre-1898 guns are considered "antiques" and not firearms under Federal law. However, under Georgia state law, black powder guns are firearms--no different than a modern Glock pistol, and convicted felons are not permitted to possess them.

1 Answer | Asked in Criminal Law for Georgia on
Q: I was arrested on a misdemeanor of simple battery family violence. Is there a time limit on receiving a court date?

I was arrested September of 2021. I have still not received a court date. The victim wrote an affidavit to drop charges but the da office has not picked them up or dropped them. Is there a time limit they have to send a court date?

Glenn T. Stern
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answered on Feb 20, 2023

Generally, Georgia law requires that misdemeanors be accused within two years of the date of the offense.

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