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Georgia Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Georgia on
Q: Why is my 28 year old daughter being held in jail for Colorado warrant under Georgia 17-13-33? What are her rights?

My daughter was arrested 10 days ago at work in Norcross, GA. She is a young mother of one 6 year old child. I've never known her to be anything less than a loving, kind, sweet mother and law abiding citizen. I only know that she was picked up at her place of employment for mailing contraband... Read more »

Robbie Levin
Robbie Levin
answered on Nov 14, 2022

When a person is arrested, they will remain in jail until they post a bond, or until the case is resolved by plea, dismissal or trial. If your daughter was not given a bond amount, it is probably a good idea to hire a criminal defense attorney to help get her a bond.

I don't know...
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1 Answer | Asked in Criminal Law for Georgia on
Q: If a person is out on bond and then it gets violated can the violation charge be removed or dropped?

The original charges were filed by the State. Then the victim had the bond violated. Can the violation charges be dropped by the victim or not?

Melaney LaGrone
Melaney LaGrone
answered on Nov 9, 2022

If this was a situation where you were to have no contact with the victim as a condition of bond and you contacted the victim, now your bond is violated or revoked. The victim cannot simply drop charges in most cases. Once you are arrested, it is the State vs you, not the victim.

1 Answer | Asked in Criminal Law for Georgia on
Q: I feel I had ineffective Representation and rushed to take a Plea. How can i withdraw my Plea even if I waived my rights

My lawyer did absolutely nothing and his excuse was always "if we have time" or "if the State cooperates" He never followed through with anything he said he was going to do to help me.

Melaney LaGrone
Melaney LaGrone
answered on Nov 9, 2022

If you have already been sentenced then you have a limited time to file a motion to withdraw your guilty plea. If you feel that your plea was not knowingly and voluntarily given or your attorney was ineffective then you may be able to file a habeas. You definitely should consult with an attorney... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: Sugar daddy wrote me check now claims he didn't I did 7 counts 16-9-21 should I take it to jury

Cashed at his bank ,it's been 3 years and have dropped to misdemeanors 7 counts not sure what but said I wanted jury trial and bonds person came off bond

Tim Akpinar
Tim Akpinar
answered on Nov 2, 2022

A Georgia attorney could advise best, but your question remains open for two weeks. You could be losing valuable time continuing to await a response. A criminal defense attorney needs to advise you. You could either reach out to attorneys or look into whether you qualify for a public defender. Good... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: What should the punishment for misdemeanor shop lifting?

First offense less than $70

John Kim
John Kim
answered on Oct 13, 2022

As a first offense, the maximum punishment for misdemeanor theft by shoplifting (valued at less than $500) may include up to 12 months confinement in jail, $1000 fine, and/or restitution. However, I recommend you speak with a criminal defense attorney (or your appointed attorney) to get the best... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: Can I go to jail for false report of a crime?
John Kim
John Kim
answered on Oct 13, 2022

Short answer: is it possible? Yes - willfully and knowingly making a false report of a crime is a misdemeanor pursuant to O.C.G.A. § 16-10-26.

1 Answer | Asked in Criminal Law for Georgia on
Q: What is the statute of limitations for fleeing and eluding in state of georgia
Jermario L Davis
Jermario L Davis
answered on Oct 7, 2022

Depends on the type of fleeing/eluding that is ultimately charged. Georgia has both misdemeanor and felony eluding offenses. The statute of limitations for misdemeanor eluding is 2 years and the statute of limitations for felony eluding is 4 years.

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Collections for Georgia on
Q: My 20 year old autistic daughter was with a adult female that stole something and my daughter was charged as well .

I explained to public defender but she was charged and given probation and fine. She is mentally disabled so she can’t pay. What can I do? I’m a single mom with a 15 year old daughter as well. I don’t have $3000 laying around.

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 30, 2022

You could pay the fine yourself to end the matter.

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: I was not told about 1st offender in 2013 for a family violence misdemeanors, can I now I use it retroactively?

I'm in a strange position, because of the family violence misdemeanors I'm not able to have a firearm, but I'm not a felon and there isn't a clear path to restore those rights. Pardons are for felons, so I can't go that route. When I was convicted my Lawyer never told me... Read more »

Jermario L Davis
Jermario L Davis
answered on Sep 30, 2022

In short, the time that the law gives you to petition the court to withdraw your plea has expired. (Hence, the law is not on your side) As such, you would need a prosecutor/solicitor to consent to a withdrawal in order for sentence to be undone. Thereafter, the judge would have to accept the... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Georgia on
Q: Is it possible for the trial judge to have a old classmate in the jury in a murder trial without it being a conflict?
Jermario L Davis
Jermario L Davis
answered on Sep 30, 2022

In and of itself, I don't see there being a problem with a juror being an old classmate of the judge. The primary consideration for a juror to be seated is whether or not he/she is able to be fair and impartial under the present circumstances. If the juror was an old classmate of the... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Does a defendant have the right to file for a speedy trial in GA? 4 felony charges domestic violence related.

My cousin has been in carcerated in a GA county jail for approx 2 months and don't know when he'll make his 1st appearance. Isn't there a law against waiting so long to see a judge?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 28, 2022

You need to ask this question in a Georgia forum instead of a Minnesota forum. Laws vary significantly from state to state.

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1 Answer | Asked in Criminal Law for Georgia on
Q: Can you get a bond when you have a in state fugitive warrant Misdemeanor

My husband was arrest in Henry county and the in state fugitive warrant was out of Atlanta what going to happen next would he able to get a bond or do you have a ball park Figure about the Costc

Candace Alynn Hill Duvernay
PREMIUM
Candace Alynn Hill Duvernay
answered on Sep 12, 2022

Judges have discretion as to whether to give a bond on fugitive warrants, but most judges deny bond in these cases for fear that the defendant is a flight risk. We regularly handle matters in Henry County and Atlanta, however, cannot give a ballpark figure as to cost of representation because that... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: If I am no longer on probation can I try to communicate with my daughter

I was on probation for 10 years and not allowed to contact my daughter. The court never specified when I could contact her again. She is now 16.

Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Sep 12, 2022

If the probation order stated no contact and the order is still in place, you must abide by all conditions. However, if the Order is no longer in place, the conditions of the order are also no longer in place. Now, this does not mean that you will automatically be able to contact your daughter.... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: I signed a waiver to do away with probation from another state but was picked back up on it
Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Sep 12, 2022

Are you sure this it what the waiver covered? There are a number of different waivers in criminal law, so without having more information and without seeing the waiver, I cannot provide much more information.

1 Answer | Asked in Criminal Law for Georgia on
Q: Can I get my boyfriend out of RSap if I feel like he has a mental health issue

He is on state probation and only has failure to report

Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Sep 12, 2022

If he only has technical violations (failure to report), depending on the length of time that he has failed to report, the reasons he failed to report, and the amount of time he has left, this may be an option for him. There are a number of different factors that go into this equation.

1 Answer | Asked in Criminal Law for Georgia on
Q: OCGA16-5-23.1(f) OCGA16-5-20 do these first time offenses carry jail time
Zachary Taylor Beck
Zachary Taylor Beck
answered on Sep 9, 2022

Possibly. Upon conviction or open plea, each offense could result in a maximum of one year of jail time (i.e., two years of jail time total).

1 Answer | Asked in Domestic Violence, Criminal Law and Family Law for Georgia on
Q: What if the victim doesn't want a protective order ior if yall married with kids
Joshua Schiffer
Joshua Schiffer
answered on Sep 4, 2022

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...
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1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: How is "Primary aggressor" defined by law
Joshua Schiffer
Joshua Schiffer
answered on Sep 2, 2022

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 »

1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: I was in a shootout with someone and he started shooting at me first though my truck and I exited the vehicle

I returned fire and I have the right to carry and he is a felon and I was charged and he didn’t get charged with anything and in the bound hearing the DA never mention me getting shot just said I was shooting at him and gunned him down

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 31, 2022

The D.A. represents the State, not you. Thus, the D.A. is not going to present self defense evidence which would benefit you. You need to hire a criminal defense attorney who can argue and present evidence that you acted in self defense.

1 Answer | Asked in Criminal Law for Georgia on
Q: Should a sentence be recompiled if the charge which caused the revocation is dismissed due to prosecutor's negligence.

I was charged with felony obstruction of an officer for throwing liquid out of a cell.I proclaimed my innocence and there was 3 other cells that could have done it.A year later the charged was dismissed as I had statements from the perpetrator that he had done it.

Jermario L Davis
Jermario L Davis
answered on Aug 29, 2022

The short answer is No. The proof needed to revoke your probation is much lower than that which is required to convict you of a crime. This means, a prosecutor may have enough evidence to violate your probation but not enough evidence to convict you of the crime that led to the petition to... Read more »

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