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Questions Answered by Brandon Alexander Thomas
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
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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
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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... View 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
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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... View More

Brandon Alexander Thomas
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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... View More

Brandon Alexander Thomas
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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
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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
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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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3 Answers | Asked in Animal / Dog Law and Criminal Law for Georgia on
Q: What kind of attorney should I seek for a misdemeanor charge for leaving our dog in our car over lunch?

Dog was fine and animal control let us leave with the dog.

Brandon Alexander Thomas
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Brandon Alexander Thomas
answered on Jul 6, 2019

It's a criminal charge so you would get a criminal attorney that handles misdemeanors.

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1 Answer | Asked in Criminal Law for Georgia on
Q: Was wondering how long will they do if they got offered 1 year in prison?

I have a family member that has committed shoplifting for a 7th time. But hasnt got into any trouble in almost 2 years.

Brandon Alexander Thomas
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Brandon Alexander Thomas
answered on Jul 4, 2019

Probably 65% of the time. Theft is a high recidivism crime in the eyes of the parole board, which means people are likely to reoffend. So thats why on theft people do 65% of the time, whereas if it was a different crime, he might only do a 1/3rd of the time.

2 Answers | Asked in DUI / DWI for Georgia on
Q: My fiancé was taken to jail for a dui there was no breathylyser no walking a straight line nothing found in the car

No test or anything done at the jail can they do that

Brandon Alexander Thomas
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Brandon Alexander Thomas
answered on Jul 1, 2019

A police officer can arrest a person for DUI even when they refuse a breathalizer. The officer can arrest for DUI if based on their training and experience a person: has bloodshot eyes, smells like alcohol, was swerving or driving erratically, or had slurred speech.

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2 Answers | Asked in DUI / DWI for Georgia on
Q: Can a police officer in another county legally take you to jail for a dui especially when no test for a dui were done
Brandon Alexander Thomas
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Brandon Alexander Thomas
answered on Jul 1, 2019

An officer in another county can arrest you for DUI. The officer, based on his training and experience can determine that you were DUI based on: slurred speech, stumbling while walking, bloodshot eyes, or smelling like alcohol. If you refuse the breathalizer, the officer can still arrest you for... View More

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1 Answer | Asked in Criminal Law for Georgia on
Q: I have a question about Georgia law for conditional discharge completion Georgia code 16-13-2

I have a question about Georgia law for conditional discharge completion Georgia code 16-13-2 If I completed my five years of probation all the stipulations do I still have to have my record expunged for it to not show up on a background check this happened in 2008 and I worked hard to complete... View More

Brandon Alexander Thomas
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Brandon Alexander Thomas
answered on Jun 29, 2019

If you successfully completed conditional discharge then it should not be on your record. Talk to your probation officer about discharge paperwork.

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Child Support for Georgia on
Q: Can a 16 year old girl have a baby with a 18 year old boy in Alabama?
Brandon Alexander Thomas
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Brandon Alexander Thomas
answered on Jun 29, 2019

The age of consent in Georgia and Alabama is 16. So it is not illegal.

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1 Answer | Asked in DUI / DWI for New Mexico on
Q: If a speedy trial takes to long to go to trial. Does the courts violate your rights to a speedy trial?
Brandon Alexander Thomas
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Brandon Alexander Thomas
answered on Jun 28, 2019

Under the speedy trial statute, a case needs to be brought to trial within two terms of court. There are disadvantage to filing a motion for speedy trial. For example, most courts will not entertain a plea agreement once you have filed a motion for speedy trial, which means you must have a trial in... View More

1 Answer | Asked in DUI / DWI on
Q: Is there a statute on failure to appear from 2008

Dui in 2008

Brandon Alexander Thomas
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Brandon Alexander Thomas
answered on Jun 28, 2019

O.C.G.A. Section 17-7-90 covers bench warrants for failure to appear in court. It sounds like your case may have been pending since 2008, which is 11 years ago. You technically are a fugitive when you have a pending warrant and fail to appear. If you are driving and pulled over, most likely the... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: Can I pay to get the rest of my probation terminated with cash
Brandon Alexander Thomas
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Brandon Alexander Thomas
answered on Jun 28, 2019

An attorney can file a Motion to Terminate Probation to ask the Court to terminate your sentence early. Generally, you will have to have done at least half of your sentence to qualify for early termination. For example, if your sentence was for 5 years, you would have to have successfully completed... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: Could even my fifteen year old son get prison time

He sent a picture of only his penis. The girl has had it for months. He has no priors on his criminal record. We are extremely concerned.

Brandon Alexander Thomas
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Brandon Alexander Thomas
answered on Jun 28, 2019

A juvenile would not be locked up in prison. However, a juvenile can be incarcerated in a juvenile detention facility with other juveniles. The seriousness of the offense largely depends on the difference in age between the victim and the defendant. For example, if your son is 15 and the victim is... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: How many years an i lookong at for a charge involving over $2100?

I have been waiting to go to court since Nov of 2016 and still haven't got an update on my case status

Brandon Alexander Thomas
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Brandon Alexander Thomas
answered on Jun 26, 2019

If it is a theft crime it is likely a 1-5, which means you can get between 1-5 years in prison. A plea for probation can often be worked out by your attorney in many cases, especially if you are willing to repay the money.

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: Trying to get off probation early.

I was charged with financial card fraud for buying a mtn dew for $1.79 on someone elses card. I got 2 years probation and so far have completed 11 months. I need to get off of this probation. I've been paying every month on time and haven't gotten not even 1 infraction. I also only saw my... View More

Brandon Alexander Thomas
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Brandon Alexander Thomas
answered on Jun 26, 2019

You need an attorney to file a Motion for Early Termination of Probation. Typically the court will only grant early termination if you have no probation violations.

1 Answer | Asked in Criminal Law for Georgia on
Q: Will I be charged for check fraud if I didn’t deposit the checks into my account and someone else did ?

The person who deposited the checks still has my bank card so I want to make sure that my innocence is proven that I did not deposit any checks

Brandon Alexander Thomas
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Brandon Alexander Thomas
answered on Jun 26, 2019

You can be charged with fraudulently depositing checks into your account, even if you did not make the deposit. Frequently, people committing fraud work together in teams, so a person can be arrested if they own the account where the money was deposited.

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