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Questions Answered by David S West

1 Answer | Asked in Criminal Law for Georgia on

Q: Can a person be arrested for terroristic threats with out confirming the person sent the text message, or showing text

My mom was arrested on the claim she sent a terroristic threat through text to my sister, which she at no point threatened her. And she claimed the made a threat on Facebook which didn’t happen. The sheriffs department did not ask her any questions just arrived with a arrest warrant.

David S West answered on Dec 21, 2018

Sorry to hear about your mom. As far as the charge goes, terroristic threats requires that a verbal threat to harm or kill someone is communicated to them through any medium. This can be by text, phone, mail or even through another person. Police usually do not take a warrant unless they confirm... Read more »

1 Answer | Asked in Criminal Law and Probate for Georgia on

Q: How is it possible to get a probation hold lifted and a bond. What’s the cost to talk to the lawyer and get a bond

It’s a criminal trespass, burglary 1st degree and theft by taking charge but they on probation with out bond

David S West answered on Nov 18, 2018

A motion to lift a probation hold and for a probation bond must be filed by an attorney with experience in criminal cases. We can file these the day we are hired and often get a decision within days. If we can’t get probation to agree to it then we go to the hearing and fight for our client!

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on

Q: Can i use first offenders on a burgarly charge

Entered residence to talk friend out of stealing did not succeed also did not report to police for fear of physical harm from the friend or his close relatives

David S West answered on Aug 8, 2018

If you have never used First Offender in any other case or any other state then you are eligible to use first offender. And burglary charges do not prevent you from getting first offender treatment. However, First Offender is discretionary, meaning that the judge gets to decide if you actually get... Read more »

2 Answers | Asked in Criminal Law and Federal Crimes for Georgia on

Q: Being 22 without a carry license; if I where to defend myself against an armed assault what could happen?

22yr old on a public sidewalk, walking and an armed assault where to occur. Defending themselves and possibly killing the assailant.

Georgia Laws?

David S West answered on Jun 24, 2018

No one can give legal advice on how to handle a violent assault when you are armed. However I can advise you on several legal grounds. First, unless you have a concealed weapons permit, you cannot carry a firearm that isn’t in plain view. Second, lethal force to defend yourself is only permitted... Read more »

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2 Answers | Asked in Criminal Law for Georgia on

Q: I have read case law where ppl have upon pleading guilty they reserved there right to appeal the trial courts decision.

Is that no longer an option in Georgia??

David S West answered on May 29, 2018

Everyone in Georgia has two ways to appeal after a plea. If they file a Notice of Appeal within 30 days of their plea and sentence then they can appeal directly to the Court of Appeals. If it has been less than four years for a felony or one year for a misdemeanor since the plea then a habeas... Read more »

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2 Answers | Asked in Criminal Law for Georgia on

Q: When u get searched on the side of road or at home then u get to jail they find something on u charged cross guard line

I want to know how it can be such a charge when I thought crossing guard line is when u took something and or took it to someone in the jail

David S West answered on May 28, 2018

Crossing the guard line in Georgia includes not trllling police you have narcotics or drugs on you after you’ve been arrested and it is not discovered until they are booking you into the jail. Unfortunately, police are not required to warn you that you had better give them what you have or you... Read more »

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2 Answers | Asked in Criminal Law, Real Estate Law, Civil Rights and Landlord - Tenant for Georgia on

Q: Is a no Information/False Information of name, address or birthdate considered fraud?

Applying for an apartment and I keep getting denied for that misdemeanor. Am i filling out the application wrong is that charge considered fraud?

The question that is being asked:

Have You or Any Person Who Will Be Occupying the Apt. Ever Been Convicted, Charged, Arrested, Indicted,... Read more »

David S West answered on May 27, 2018

In Georgia, any crime that involves the use of false or fictitious information is a fraud crime. However, giving false information to police is not “listed” as a fraud crime on someone record in Georgia. So the practical answer to your question is no. A background check with a criminal record... Read more »

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1 Answer | Asked in Criminal Law for Georgia on

Q: how long can a person be held in Georgia when the accuser doesn't want to press charges any more.there is no evidence.

David S West answered on May 26, 2018

The answer to your question is difficult because the first thing I would need to know is what the person is accused of. If the ONLY evidence against the person is based on something only the accuser would know then it is possible the case could be thrown out if the accuser contacts the prosecutors... Read more »

1 Answer | Asked in Criminal Law for Georgia on

Q: How long can Walker county Georgia hold an inmate for extradition to another state

David S West answered on May 26, 2018

A county jail can hold an inmate for up to 30 days for another state under what is called a Governor’s warrant from the other state. If the other state has not picked up the inmate within that time period, they should be released. If not, then you may need an attorney to fight their continued... Read more »

1 Answer | Asked in Criminal Law for Georgia on

Q: If a person is found guilty of aggravated child molestation in the state of GA and they receive life are they in priso

On until they die ?

David S West answered on May 25, 2018

Any person who received a Life sentence in Georgia is now required to serve a minimum of thirty (30) years of that sentence. Only persons sentenced to “Life Without The Possibility Of Parole” actually will never get out. Regardless a Life sentence means all of a persons life unless they are... Read more »

1 Answer | Asked in Criminal Law for Georgia on

Q: What is the sentencing on criminal trespassing property damage less than $500 in georgia

David S West answered on May 25, 2018

Criminal trespassing under $500 is a misdemeanor in georgia and carries a penalty of up to 12 months in jail and a $1000 fine. However,most people fare far better as this is a relatively minor offense. Those with any prior criminal history may face jail of some small duration but most people will... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on

Q: how do I get restitution that is owed to me? defendant has not been paying for a long time

the incedent happened in 2013 and the defendant has not come close to paying what is owed. i have called his probation officer, the courthouse, and the department of corrections and no one will help me.

David S West answered on May 25, 2018

I would recommend you contact the District attorney in the county where the person was sentenced. They usually have a victim-witness unit who can assist you with your restitution situation. If it’s a smaller office, check with the District Attorney themself. That is part of their job. An attorney... Read more »

3 Answers | Asked in Criminal Law for Georgia on

Q: Is it legal to be in jail 8 months without a first appearance?

David S West answered on May 25, 2018

It is illegal for the State to hold a person in jail 8 months without a 1st appearance. In fact, the law provides that an arrestee is entitled to a 1st appearance within 72 hours of being arrested. Some people confuse this with going to regular court for their case though. If a person has their... Read more »

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