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Georgia Criminal Law Questions & Answers
1 Answer | Asked in Civil Rights, Criminal Law and Legal Malpractice for Georgia on
Q: Attorney & office didn't represent me nor use my evidence, or witness. He had 4th-stage cancer. my boyfriend doing crime

My boyfriend made false allegations & narratives {I didn't live with him but another girl suddenly did. Boyfriend had me arrested 2 nights after he spent night with Mom & me at our house. My father had passed so, I stayed with mom & still lived 13 years at my boyfriend's... View More

James L. Arrasmith
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answered on Jan 31, 2024

In your situation, it seems there were significant issues with the legal representation you received. If your attorney failed to effectively use crucial evidence and witness testimonies, or did not represent your interests adequately, especially considering the seriousness of your case, you may... View More

2 Answers | Asked in Bankruptcy, Consumer Law and Criminal Law for Georgia on
Q: Do I need the help of a consumer law attorney, a bankruptcy attorney or law enforcement?

A coworker borrowed in excess of forty thousand dollars more than eighteen months ago offering fraudulent excuses for needing the money and lying about how/when she would repay. There has never been any attempt on her part to repay even a portion of the money, and today I learned she has now filed... View More

James L. Arrasmith
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answered on Feb 4, 2024

In this situation, it's advisable to consult with a consumer law attorney. They can help you understand your legal rights and options for pursuing the repayment of the borrowed funds. While bankruptcy may affect the outcome, consulting a consumer law attorney is a good first step. They can... View More

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2 Answers | Asked in Bankruptcy, Consumer Law and Criminal Law for Georgia on
Q: Do I need the help of a consumer law attorney, a bankruptcy attorney or law enforcement?

A coworker borrowed in excess of forty thousand dollars more than eighteen months ago offering fraudulent excuses for needing the money and lying about how/when she would repay. There has never been any attempt on her part to repay even a portion of the money, and today I learned she has now filed... View More

W. J. Winterstein Jr.
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answered on Jan 30, 2024

Creditors not listed by the debtor on a bankruptcy Petition and Schedules may not have their claims discharged, UNLESS they have reason to know about the bankruptcy filing.

If the bankruptcy case is known, a Proof of Claim, at least, should be filed.

There are other alternatives....
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1 Answer | Asked in Criminal Law, DUI / DWI, Cannabis & Marijuana Law and Civil Rights for Georgia on
Q: Can someone the age of 21 still qualify to use youthful offender?

In chattooga county Someone that is caught up with a dui, speeding, and distribution at 21 allow to use youthful offenders?

James L. Arrasmith
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answered on Jan 28, 2024

In Chattooga County, as in other parts of Georgia, the availability of the Youthful Offender status typically depends on the age of the individual at the time of the offense and the nature of the charges. The Youthful Offender status is generally reserved for those who commit certain crimes while... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: Can you be out on bail and ask your attorney for a speedy trail
T. Augustus Claus
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answered on Jan 26, 2024

Yes, individuals who are out on bail can request a speedy trial. The right to a speedy trial is a constitutional right, and it applies to individuals who have been accused of a crime. If you are out on bail and wish to expedite the trial process, you can discuss this with your attorney. They can... View More

1 Answer | Asked in Criminal Law, Estate Planning, Family Law and Tax Law for Georgia on
Q: How can I find out if I’m a beneficiary to multi investment accounts from my deceased grandma…

I speculated my grandmas original will was swapped for a forged one reflecting my mom as the sole beneficiary and there’s nothing that I could do unless I had the original will, which I did not…

So my mom never informed the brokerage companies of my grandma death nor put it in probate.... View More

James L. Arrasmith
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answered on Jan 26, 2024

I'm sorry for your difficult situation. There are a few options to determine if you are still a designated beneficiary on any of your deceased grandmother's investment accounts:

1) Contact each investment firm directly (e.g. bank, brokerage, etc) providing copies of the death...
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3 Answers | Asked in Child Custody, Criminal Law and Family Law for Georgia on
Q: Can a GAL, testify in court if he have not completed his investigation or even spoken with the child repenting?

The GAL, was appointed at a contempt hearing. The contempt was not charged, an agreement was made with both parties. Two weeks later the child came forward with allegations of being molested by her father, therefore the mother stopped abiding the new agreement. After 2 months or more with the fact... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 26, 2024

The parties are allowed to cross examine the GAL and ask any questions they think are relevant to said testimony or the case. If you felt like steps were not taken that the GAL should have taken, that was your opportunity to ask those questions and have the Court hear those answers. But yes, the... View More

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1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: "When possession of a firearms is not charged in a indictment for a felony murder case is that a indictment error?

The case is a felony murder that is based on party to the crime not being charged on the indictment with possession of a firearm but the principle defendant was. Can other felonies on the indictment be legit when a essential element is missing from the defendants indictment. The grand jury's... View More

James L. Arrasmith
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answered on Jan 23, 2024

In a criminal case, the specifics of the indictment are critical. In Georgia, for a felony murder charge, the indictment needs to detail the underlying felony that led to the murder. If the underlying felony involves the use of a firearm, this typically needs to be specified in the indictment,... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Georgia on
Q: How do you move for a dismissal in Georgia? There are a ton of reasons why my case should be dismissed...but no motion?

Reasons for dismissal include the fact that there wasn't sufficient grounds to bound over the charges to begin with, fabricated, and falsified police reports glaringly ovbious in the inconsistencies, officer lied in the police repiort, said he checked cameras but store owner testimony is that... View More

James L. Arrasmith
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answered on Jan 21, 2024

To move for a dismissal in Georgia, you need to file a motion to dismiss in the court where your case is being heard. This motion should clearly outline the legal and factual reasons why you believe the case against you should be dismissed. Given the complexities you've described, including... View More

1 Answer | Asked in Family Law, Domestic Violence, Federal Crimes, White Collar Crime and Criminal Law for Georgia on
Q: I saw pattern organized crime from now ex boyfriend & his dad. They targeted, recruit, drug dealers, White cc/ embezzle

Hx of killing, stealing, play victim social psycho criminal narc. Locked me up as escapgoat, to throw sherriff off them I witness to much. My now ex boyfriend threatened to kill me and his son. I was told my ex boyfriend is reason; his son in prison and my (ex boyfr) threatening to kill his son... View More

James L. Arrasmith
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answered on Jan 21, 2024

I understand that you're in a difficult and potentially dangerous situation involving organized crime and threats. If you have credible information about criminal activities, your safety and the safety of others are of utmost importance.

In cases where someone in prison faces threats,...
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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Georgia on
Q: Is a judge allowed to force me to represent myself pro se even though I am indigent because my appointed lawyer quit

codef repsntd by PD's office, i was conflicted out- great relationship, negotiated agreement w/ DA- dismissal if codef admit ownership at plea entry. 5mos past and discovery was not made available. eventually attny withdraw b/c state failed to pay for services. -11mos no new appointed attny.... View More

James L. Arrasmith
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answered on Jan 21, 2024

You have the right to legal representation, especially if you are indigent and facing criminal charges. If your appointed attorney quits, the court is generally responsible for appointing a new attorney to represent you. It's unusual and potentially a violation of your rights for a judge to... View More

1 Answer | Asked in Constitutional Law and Criminal Law for Georgia on
Q: If it is proven that an officer lies in their police report, what can that mean for the asst charges/search/evidence?

a crash the officer said if they could find any survalievce that showed we were lying they would put out a warrant for our arrest (i was a licensed driver and not at fault, but the person who ws actually driving had a suspended license) i left the parking lot and before the light turned green they... View More

James L. Arrasmith
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answered on Jan 21, 2024

In Georgia, if it's proven that an officer lied in their police report, this can have significant implications for your case. The credibility of the officer becomes a critical issue, and it could lead to challenges against the charges, the search, and the admissibility of any evidence obtained... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: How long can a person be held in a county jail on an out if state warrant. No charges in current state being held.
James L. Arrasmith
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answered on Jan 14, 2024

The duration for which a person can be held in a county jail on an out-of-state warrant depends on several factors, including the nature of the warrant and the policies of the states involved. Generally, the holding period is intended to allow enough time for the requesting state to initiate... View More

1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: If someone gets arrested in Gwinnett county, Georgia and Thay get arrested for attempting to cash a check that apparentl

Wasn’t a good check how can they give 6 fraud in 3rd- degree felony charges and 3 criminal attempt to cash felony charges for one time incident how does that happen? A total of 9 felonies was issued, and the person wasn’t aware that the check was fraudulent or not. But once again, that’s one... View More

James L. Arrasmith
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answered on Jan 13, 2024

In criminal law, it's not uncommon for multiple charges to arise from a single incident. Each charge represents a different aspect of the alleged offense. In the case of attempting to cash a fraudulent check, different charges could stem from various legal interpretations of the act.... View More

2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for Georgia on
Q: If I was arrested in Gwinnett county and I checked In with a cell phone the officers asked me my screen lock and

Searched my phone and then once bailed it was not returned to me nor was any warrant issued. Wouldn’t that be theft?

James L. Arrasmith
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answered on Jan 11, 2024

In your situation, where your cell phone was taken by the police during an arrest and not returned, several legal issues are raised. First, it's important to understand that law enforcement has certain protocols for seizing property during an arrest. However, there should be a clear process... View More

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2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for Georgia on
Q: If I was arrested in Gwinnett county and I checked In with a cell phone the officers asked me my screen lock and

Searched my phone and then once bailed it was not returned to me nor was any warrant issued. Wouldn’t that be theft?

Glenn T. Stern
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answered on Jan 11, 2024

It sounds more like the police believe there is evidence of a crime on your phone, and they are holding it to potentially use it against you (or another) for that reason in court. Unless the prosecutors make a motion to forfeit the phone-it should be returned to you at the conclusion of your case.... View More

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1 Answer | Asked in Criminal Law for Georgia on
Q: (Subpoena for Attendance of Witnesses) 1) Can you decline a subpoena in Georgia? 2) Can you testify in secret?

If a person is afraid because of possible retaliation can they testify outside of the visibility of the people in the courtroom?

The concern is because of the type of issue, offense and people involved.

Lynne Fleming
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answered on Jan 10, 2024

No, you cannot disregard a subpoena. The court can and will hold a witness in contempt for violating a court order or subpoena to attend.

Also, pursuant to the Constitution, a defendant has the right confront or to look a testifying witness in the eye and cross exam him or her, so no you...
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2 Answers | Asked in Criminal Law and Civil Rights for Georgia on
Q: How long can a county hold you in jail for a FTA warrent?

My friend has been in jail since the 19th of Dec for a FTA warrent he didn't know he had, so he was arrested and taken to clinch county, due to the storm yesterday they canceled court, and now they won't see anyone until Feb. He also has a hold for another county for probation violation... View More

T. Augustus Claus
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answered on Jan 10, 2024

In Georgia, the time a person can be held in jail without seeing a judge after an arrest varies. While there is a general expectation that an individual should be brought before a judge within 48 hours of arrest, certain circumstances, such as court closures or delays, can extend this period. In... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Georgia on
Q: How long can a county hold you in jail for a FTA warrent?

My friend has been in jail since the 19th of Dec for a FTA warrent he didn't know he had, so he was arrested and taken to clinch county, due to the storm yesterday they canceled court, and now they won't see anyone until Feb. He also has a hold for another county for probation violation... View More

James L. Arrasmith
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answered on Jan 10, 2024

It's concerning to hear about your friend's situation. In the United States, the length of time a county can hold someone in jail for a Failure to Appear (FTA) warrant varies based on local laws and the specifics of the case. However, it is generally expected that an individual should be... View More

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1 Answer | Asked in Criminal Law for Georgia on
Q: I'm waiting to be sentenced but my attorney filed a rule nisi does that mean the judge approved the motion for new trial
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answered on Jan 8, 2024

A rule NISI filed by your attorney is a basically a request where your attorney (in this case, who filed it) is asking for a hearing on whatever motion accompanied the rule NISI (a motion for new trial, in this case.) If the judge set a date for it-that just means that a hearing has been... View More

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