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Questions Answered by James Thomas

1 Answer | Asked in Criminal Law for South Carolina on

Q: I was represented by an Attorney in 1988 on a misdemeanor charge ( SC statute 16-17-430, Illegal use of a telephone )

I plead guilty. It has a max. sentence of 30 days in jail. Judge Franks Epps sentenced me to 10 yrs. reduced to 5 yrs. probation. I was illegally sentenced with my Attorney standing next to me. I was never in trouble before this nor have I been after that day. I tried to buy a firearm last mon. and... Read more »

James Thomas answered on Dec 22, 2017

You might want to consider retaining a new attorney to look into this. Your previous attorney might have a conflict in representing you if fixing this problem essentially forces him to admit he screwed up. I don't have enough information to say whether or not that is the case, but you should... Read more »

1 Answer | Asked in Communications Law and Criminal Law for South Carolina on

Q: How does an unlawful communication case go down in court? What are the penalties? Is jail time a likely outcome?

Someone i know allegedly sent someone one text six months ago that was about a sentence long, and used a profane word. He was pulled over for a traffic violation and was sent to the city for a warrant for unlawful communication. He is worried that he will be sent to jail over one text message from... Read more »

James Thomas answered on Sep 3, 2017

The possible penalties for a violation of South Carolina's unlawful communication statute (SC Code 16-17-430) are a fine between $100 and $500 or a jail sentence of up to 30 days. So a jail sentence does not have to be imposed upon a conviction, but it would be wise to retain an attorney to defend... Read more »

1 Answer | Asked in Traffic Tickets for Georgia on

Q: What kind of speeding ticket do I have if I Was speeding 89 in a 70 in dalton ga area On i75

James Thomas answered on Aug 20, 2017

Georgia will consider that a "Super Speeder" ticket under O.C.G.A. § 40-6-189. If you pay the ticket without going to court or are convicted in court of going that speed, Georgia will assess an additional $200 fee payable to the state above and beyond whatever you paid to the court. You should... Read more »

1 Answer | Asked in Criminal Law for Georgia on

Q: If a person is going to court for the second time for simple battery in a year is it likely they will do time

James Thomas answered on Aug 20, 2017

Maybe, maybe not. Sentencing is up to the judge. There's a good chance the first simple battery will factor into the judge's decision and/or the State's recommendation, and whether that amounts to a jail sentence will probably depend on the facts of both cases. If they're on probation for the first... Read more »

1 Answer | Asked in Criminal Law for Georgia on

Q: Is violation of O.C.G.A. section 16-11-61 a registerable sexual offense?

I don't see it listed under O.C.G.A. 17-10-6.2, but I want to be de minimum sure.

James Thomas answered on Aug 20, 2017

If the victim is a minor, I think a conviction for 16-11-61 might require registration under OCGA § 42-1-12 (a)(9)(B)(xi). I would recommend consulting a lawyer who routinely handles cases that might hit Georgia's registry and talking to them about the specifics of your case, because these issues... Read more »

1 Answer | Asked in Criminal Law for Georgia on

Q: If the date and time is wrong on an arrest warrant is the warrant invalid?

James Thomas answered on Aug 20, 2017

Generally, I'd say no. If the evidence at a probable cause hearing on an arrest warrant supports an entirely different offense, the court can amend the charge to reflect the correct crime rather than the crime listed on the warrant (O.C.G.A. § 17-7-29), and on the same theory, I've often seen them... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Georgia on

Q: My husband is post to turn his self in and do 24 hrs if he didnt turn himself in and they put a warrant out for him

He also has a in state warrant for indiana can they hold him for that or will he still juat do 24 hrs like the judge ordered what can happen

James Thomas answered on Aug 18, 2017

Most likely, the jail will see the warrant, contact the issuing agency in Indiana, and verify whether it is a warrant that Indiana will request extradition for. Maybe, maybe not. If not, GA might release. If so, the extradition process will start. Would be smart to engage lawyers in both states.

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