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Questions Answered by Brandon Alexander Thomas
2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Georgia on
Q: How do I explain this on application/says have you ever been convicted of a crime other than minor driving violations

It was categorized as a misdemeanor and not a possession charge. I pled the first offender act Because I Don’t plan on ever getting arrested again.I live in Georgia it’s supposed to be sealed, but I don’t think it is. So I’m just wondering how I approach this question on the application for... Read more »

Brandon Alexander Thomas
Brandon Alexander Thomas answered on Sep 5, 2019

A plea under the first offender act is not a conviction, because there is no adjudication of guilt. So you can honestly say you have no convictions.

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1 Answer | Asked in Criminal Law for Georgia on
Q: Terroristic threats is level 3 in georgia. Is it considered a voilent crime?
Brandon Alexander Thomas
Brandon Alexander Thomas answered on Aug 25, 2019

In Georgia, terroristic threats is a felony.

2 Answers | Asked in Criminal Law for Georgia on
Q: How come she has no bond after a preliminary hearing for 1st degree cruelty to children. Her priors are tickets.

It's her first felony offense. No criminal history. She is 37.

Brandon Alexander Thomas
Brandon Alexander Thomas answered on Aug 14, 2019

Sometimes the incident is very serious, so the judge denies bond for that reason. Sometimes people have failure to appear warrants for traffic tickets, and that causes bond to be denied. An attorney can request reconsideration of bond however, so they still have a chance to get one even though they... Read more »

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1 Answer | Asked in Criminal Law for Georgia on
Q: Why can't people get there grand jury indictment transcripts?
Brandon Alexander Thomas
Brandon Alexander Thomas answered on Aug 10, 2019

Because grand juries are confidential by law.

1 Answer | Asked in Criminal Law and Traffic Tickets for Georgia on
Q: Is it proper protocol for Dekalb county to hold an inmate without giving them additional information?

My sister was arrested on Tuesday and they are refusing to give us information. No bond, no court date. Nothing! Is this proper protocol???

Brandon Alexander Thomas
Brandon Alexander Thomas answered on Aug 10, 2019

The court is required to hold a first appearance hearing within 72 hours of arrest to determine if a bond will be set. If it is a misdemeanor she will automatically get. a bond. if it is a felony, she may or may not get a bond, depending on the seriousness of the offense and her criminal history.

1 Answer | Asked in Criminal Law for Georgia on
Q: My daughter a correctional officer for Georgia state prison was charged with 2 felony and misdemeanor of contraband

What is she looking at timecwise I don’t even know where she is or how much bail is

Brandon Alexander Thomas
Brandon Alexander Thomas answered on Aug 9, 2019

Under O.C.G.A. Section 42-5-15, bringing contraband into a correctional facility carries up to 4 years in prison. There may be other crimes though that they can charge her with because she is a correctional officer, such as "Violating Oath of Office". It really depends on the facts of the case.

2 Answers | Asked in DUI / DWI for Georgia on
Q: How long will my License be taken for an under age dui
Brandon Alexander Thomas
Brandon Alexander Thomas answered on Aug 9, 2019

If under 21 it may be suspended for a year. but that is only if you get convicted. sometimes your lawyer can identify problems with the case which can let you plead to a leaser charge or obtain a not guilty verdict at trial.

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1 Answer | Asked in Criminal Law for Georgia on
Q: Trying to get a bond hearing for my son. He sits unindicted in RYDC waiting to go to dekalb county jail.

Public defender's office is suppose to get him a conflict attorney and he is not even in their system

Brandon Alexander Thomas
Brandon Alexander Thomas answered on Aug 8, 2019

What is your son charged with? It sounds like he may have a serious charge which is "Superior Court Only", which means only the adult Superior Court can set a bond.

2 Answers | Asked in Criminal Law for Georgia on
Q: OUt of 5 of us who got arrested for the same charge in febuary why am I the only one been indicted??
Brandon Alexander Thomas
Brandon Alexander Thomas answered on Aug 8, 2019

The prosecutor has discretion on who to charge and who not to charge. Also, sometimes they indict people at different times even though it is the same case. If you had a more significant role in the crime, or if you had a worse criminal record than the others, that might cause you to get indicted... Read more »

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1 Answer | Asked in Criminal Law for Georgia on
Q: In the state of Georgia where can I go to get a copy of my first offender completion papers?

I completed first offender and the judge signed off on the papers what can I go to get the paperwork and can I get my gun permit back?

Brandon Alexander Thomas
Brandon Alexander Thomas answered on Aug 7, 2019

Call your probation office in the country where you were supervised for the discharge paperwork.

3 Answers | Asked in Criminal Law for Georgia on
Q: Can I get an expungement in Georgia if I plead guilty to a misdomeanor?
Brandon Alexander Thomas
Brandon Alexander Thomas answered on Jul 26, 2019

Only if you plead under the First Offender Act. But normally you want to save the First Offender Act until you have a felony.

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2 Answers | Asked in Criminal Law for Georgia on
Q: Can you get probation for aggravated assault
Brandon Alexander Thomas
Brandon Alexander Thomas answered on Jul 22, 2019

Yes you can but whether you get probation depends on a variety of factors: 1) How badly was the victim injured? 2) Did this involve a knife or firearm? 3) What is your criminal record? Prior violence convictions? You should speak with an attorney to discuss your options.

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1 Answer | Asked in Criminal Law for Georgia on
Q: If you get arrested on a misdemeanor violation probation for pov (protective order violation), what should the charge be

Are you supposed to get charged with a felony (aggravated stalking) on a misdemeanor probation violation? Especially when the charge itself does not apply to anything you did

Brandon Alexander Thomas
Brandon Alexander Thomas answered on Jul 18, 2019

If you violate a court order to stay away from someone, you can be charged with aggravated stalking. Aggravated stalking is. a serious felony, and you can get up to 10 years in prison.

2 Answers | Asked in Criminal Law and Federal Crimes for Georgia on
Q: What is a federal status conference? Does that mean the feds done pick up my case from superior court?

Person was arrested for possession of firearm by convicted felon had a bond hearing was denied a couple months ago today was a status check hearing ,after Today finding out that it’s a federal status conference thats in 2 months and also a bond hearing in two weeks

Brandon Alexander Thomas
Brandon Alexander Thomas answered on Jul 16, 2019

A status conference is a hearing where the judge asks the prosecution and defense what the status of the case is. Typically, the main thing the judge wants to know is if the case is going to plea or if there will be a trial.

If you have hearings in federal court, then that means you may...
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1 Answer | Asked in Criminal Law for Georgia on
Q: (Chatham County, Ga) the probation officer of ,“Southeastern Corrections”, arrested a young lady for Prob. Violation

She was arrested June 6th, but they didn’t request the arrest warrant until June 16th. Not sure how that makes any sense, do they have that right?

Brandon Alexander Thomas
Brandon Alexander Thomas answered on Jul 14, 2019

It depends what she was arrested for. Sometimes probation officers do arrest first, and issue the warrant later, if they have probable cause to believe a condition of probation was violated. For example, if the probationer goes to the probation office and tests positive for drugs, they would... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: My brother was put on probation for bartow county Ga for burglery forced entry non residential and now hes back in jail

How much time is he looking at

Brandon Alexander Thomas
Brandon Alexander Thomas answered on Jul 13, 2019

if he committed a new felony, he can be revoked in full on his probation sentence. So, for example, if he has 10 years left on his probation, he could go to prison for 10 years.

If he committed a new misdemeanor while on probation, the maximum the judge can revoke under Georgia law is 2...
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1 Answer | Asked in Criminal Law and Civil Litigation for Georgia on
Q: If I have a ring that was sold without my knowledge.

My mom's ring was lost and construction workers found it. Without knowing they took it home cleaned it up and sold it. I learned of this on social media. One of the guys wives made contact with buyer who agreed to sell it back. Also was told ring was much more valueble after having it appraised.... Read more »

Brandon Alexander Thomas
Brandon Alexander Thomas answered on Jul 13, 2019

It is only a crime to buy stolen items if a person 'knew or should have known' the item was stolen. The crime is called Theft by Recieving.

1 Answer | Asked in DUI / DWI for Georgia on
Q: 2 DUI convictions since 2014. I am unable to register a vehicle in my name even though I have a valid georgia license.

2 DUI convictions since 2014. After the first DUI I received a permit to and from work. I received the second DUI while driving on the permit. I have met all the courts requirements. I have a valid georgia driver's license but when I try to register a vehicle a red flag pops up. The courts... Read more »

Brandon Alexander Thomas
Brandon Alexander Thomas answered on Jul 13, 2019

Under Georgia law, if you have 2 or more DUI convictions, you are required to have an Interlock Ignition Device installed on your car. If you do not get it installed, you will not be able to get a new license, unless you can show you cannot install the device due to undue hardship.

1 Answer | Asked in Criminal Law for Georgia on
Q: Being on felony probation in Georgia can any officer search your person, place or things at any time?

I know my fifth amendment is waved for my probation officer. In order for any other officer to search. my or the probation officer on call would have to be present?

Brandon Alexander Thomas
Brandon Alexander Thomas answered on Jul 9, 2019

Once you have waived your 4th amendment rights, the probation officer can search you or your home, at any time, without your consent.

2 Answers | Asked in Criminal Law and Probate for Georgia on
Q: 5 years consecutive with 5yrs can he be revoked on 10 as a whole

Wants to revoke him on full years... When technically his secomd term has not began yet.so he zhpuld only be able to be violated and revoked on his current probation right? Not the 5 he aint even started right?

Brandon Alexander Thomas
Brandon Alexander Thomas answered on Jul 7, 2019

Under those facts, full revocation would be 10 years. They may parole out earlier though.

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