My wife’s ex husband tried to force his way into my home so I pushed him enough to get him out of the house. He has filed a pre-warrant for simple assault. I have a witness that is a minor and three police officers told us that I had every right to defend my home and that the aggressor could not... Read more »
You need to attend the pre arrest hearing and state your case. The nature of the charges may not stop the arrest for simple assault BUT you definitely have a defense to the charges if he was the aggressor and you were defending either your property or your minor child (defense of others).
The real issue is what is how is your spouse charged? Assuming charged under Violation of Georgia Controlled Substances Act AND your spouse does not type of negotiation with the court and enters a plea, jail time will definitely be on the table as the statute requires jail/Prison. The second part...Read more »
What was the original outcome of the DUI case? If you entered a plea, a record restriction isn't available for you to pursue. You may be able to seek a pardon from the governor but those are also difficult to obtain as well.
Directly asked as in on the stand of the courtroom? In a deposition? Please give more direction about how the person is being asked. If just in general public I don't see why you would need to disclose that information to anyone.
If you received a citation for 40-5-29 generally that does not require jail time. If its 40-5-20 (suspended license) that you were charged under there is a minimum of 2 days in jail required by the statute. BIG difference between the two which is why information about your case is important.
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