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Questions Answered by Michael D. Barber Jr.
2 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: I was served with a pre-warrant but am innocent.

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 »

Michael D. Barber Jr.
Michael D. Barber Jr. answered on Jun 15, 2019

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).

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3 Answers | Asked in Criminal Law, Divorce and Family Law for Georgia on
Q: If my spouse, in court, admits to a crime, possession of prescription meds that aren't hers, what would a judge do?
Michael D. Barber Jr.
Michael D. Barber Jr. answered on Jun 18, 2019

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 »

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2 Answers | Asked in DUI / DWI for Georgia on
Q: I got a DUI in 2013, even with no alcohol or drugs found in their drug test. Is there a way to have this expunged?

The court said it was my daily medicine that did it. I told the officer I have epilepsy.

Michael D. Barber Jr.
Michael D. Barber Jr. answered on Jun 15, 2019

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.

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2 Answers | Asked in Criminal Law for Georgia on
Q: , if someone is directly asked if they were sent by the police or investigators or wear a wire do they half to answer
Michael D. Barber Jr.
Michael D. Barber Jr. answered on Jun 15, 2019

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.

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2 Answers | Asked in Personal Injury for Georgia on
Q: I was detained for driving without a license . I was driving because my friend was tired ,what should I plead ?

I have court in a few weeks and just need to know if I can go to jail for this . I live in GA

Michael D. Barber Jr.
Michael D. Barber Jr. answered on Jun 15, 2019

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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