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Questions Answered by Brandon Alexander Thomas
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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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
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
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
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
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... Read 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... Read more »

Brandon Alexander Thomas
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
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
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... Read 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
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... Read 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
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... Read 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
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... Read 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
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 officer... Read more »

Brandon Alexander Thomas
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
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.

1 Answer | Asked in Criminal Law and Sexual Harassment for Georgia on
Q: What is the statue of limitation on revenge porn?
Brandon Alexander Thomas
Brandon Alexander Thomas answered on Jun 26, 2019

Revenge porn is a felony in Georgia under OCGA Section 16-11-90. Felonies have a 4 year statute of limitations, from the date the victim knew or should have known about the crime (the date you found out the porn was made public).

You may be able to sue for damages to your reputation. as...
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1 Answer | Asked in Criminal Law and Traffic Tickets for Georgia on
Q: How long can a jail hold a person for another county on a bench warrant for FTA charge due to a traffic violation?

The person has been held since Saturday with no other information provided to the family

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

Generally, the arresting county is going to transport the person to the original county where the FTA occurred so they can appear in court. The county can hold the person up to 30 days before they transport them. If the warrant is from out of state, the county will not extradite them unless it is a... Read more »

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