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Questions Answered by Brandon Alexander Thomas
1 Answer | Asked in Criminal Law for Georgia on
Q: If a probation officer comes to your house, without a probation warrant is that lawful? or unlawful?

Also, if one of the officers covers your ring camera without your permission is that lawful?

Brandon Alexander Thomas
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Brandon Alexander Thomas
answered on Mar 28, 2024

Probation can come at any time and search your house or car without a warrant. When you are on probation, you have a 4th amendment waiver, so you have waived your rights to searches without a warrant. If they find anything illegal during the search, you are likely to be arrested and charged with a... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: if my 17 year daughter leaves home without my say so can she get in trouble with the law? can i do anything since she 17
Brandon Alexander Thomas
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Brandon Alexander Thomas
answered on Feb 20, 2022

In Georgia 17 is considered an adult under the law.

1 Answer | Asked in Criminal Law for Georgia on
Q: How long do I have to wait to get purchase a firearm after I completed my first offender probation
Brandon Alexander Thomas
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Brandon Alexander Thomas
answered on Feb 13, 2021

You have to wait until the judge issues an order discharging you from probation. Call your probation officer and tell them your sentence is over and ask for your discharge paperwork from First Offender. Probation will then contact the judge and get them to sign off on your discharge.

1 Answer | Asked in Criminal Law and Probate for Georgia on
Q: If you are arrested for something petty while on felony probation & have to schedule a hearing with probation is it bad?

Driving under suspended lisence and didnt actually know they were suspended. Im on first offender felony probation. Would i have to see the judge that assigned the probation. What would i say to him if he is mean?

Brandon Alexander Thomas
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Brandon Alexander Thomas
answered on Feb 10, 2020

Any violation of the law while you are on probation can cause your probation sentence to be revoked and the judge to sentence you to jail. Driving with a suspended license is a misdemeanor, so it is not as bad as if you got a new felony. However, depending on the judge, the judge may revoke you to... View More

2 Answers | Asked in Criminal Law for Georgia on
Q: What is the outcome if the defendant pleads guilty,or not guilty to three counts of terroristic threats and acts

And one count of family violence??

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

You should always plead not guilty until you have an opportunity to discuss your case with an attorney.

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2 Answers | Asked in Criminal Law and Traffic Tickets for Georgia on
Q: Could my First Offenders Treatment and/or probation be revoked for reckless driving + maximum limits?

I was sentenced under the first offenders act a few years ago and was more recently arrested for maximum limits + reckless driving (first offense). Is it likely I could have my probation and First Offenders revoked?

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

Yes. Any violation of the law can cause your First Offender status to be revoked. It is at the discretion of the judge though, and it is possible they will not revoke your First Offender status.

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2 Answers | Asked in Criminal Law for Georgia on
Q: What is a pre-warrant hearing
Brandon Alexander Thomas
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Brandon Alexander Thomas
answered on Oct 6, 2019

A pre-warrant hearing where the judge determines whether to issue a warrant against a defendant for a criminal charge. These hearings usually occur for non-violent offenses like theft or forgery.

If the defendant does not show up to court, the judge will automatically issue the warrant...
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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... View More

Brandon Alexander Thomas
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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
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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
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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... View 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
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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
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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
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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
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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
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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
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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... View 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
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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
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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
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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
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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.

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