(a) A person commits the offense of possession of tools for the commission of crime when he has in his possession any tool, explosive, or other device commonly used in the commission of burglary, theft, or other crime with the intent to make use thereof in the commission of a crime.
A conviction for misdemeanor obstruction or hindering an officer requires proof of some form of knowing and willful opposition to the officer sufficient to constitute obstruction or hindrance. West's Ga.Code Ann. § 16–10–24(a). Martinez v. State, 743 S.E.2d 621 (Ga. Ct. App. 2013)....View More
In November my child and others received a nude photo of another child (Victim) from a 3rd kid, (Sender). Child immediately deletes picture and never resent it to anyone. This all happened outside of school.
Today - 2 months later, Victim informs someone at school that picture may be... View More
They have no physical address for a office and has went out of his way to ignore the family for over 3 years now even though they are aware the family does not agree with the findings, has the evidence to prove the cause and manner of death to be different then listed on the death certificate, has... View More
Substantive violations occur if you commit a new crime during the probation period. A substantive violation is something more than a breach of a probation condition that is a byproduct of the original offense. A substantive violation is a separate act that involves committing a separate criminal...View More
"Under ' "the wing span" ' limitation of Chimel, a search incident is limited to that area within the lunge, within the reach, within the grasp of the arrestee—the area 'which may fairly be deemed to be an extension of his person'—the area in which the...View More
Any person who in good faith seeks medical assistance for a person experiencing or believed to be experiencing a drug overdose shall not be arrested, charged, or prosecuted for a drug violation if the evidence for the arrest, charge, or prosecution of such drug violation resulted...View More
It was a hit and run in my vehicle however I was at work during the time it happened. the person who was borrowing my car told me it was stolen and then proceeded to tell me months later it was actually a hit and run. What can I do ?
I’m on diversion for Marijuana less than an ounce I was order to pass one drug test . Upon getting on probation I switch to the hemp cbd my levels are dropping but came back with a faint negative line the last text I went from level 95 to 12. I have had 3 different officers this last officer is... View More
Georgia’s medical marijuana law allows certain qualified persons to legally possess up to 20 fluid ounces of “low THC oil,” which is derived from the marijuana plant. It authorizes the Georgia Department of Public Health to issue a “Low THC Oil Registry Card” to qualified persons, which...View More
1st there will be an Arraignment. The first step in a criminal case is a court appearance called an arraignment, in which the charges against the defendant are read before a judge. Then you will need an attorney if you don't have one. You will then request discovery. After receiving...View More
A grand jury sits not to determine innocence or guilt, but to assess whether there is an adequate basis for bringing a criminal charge. Every witness before a grand jury shall be informed of his privilege against self-incrimination and right to counsel and shall be advised that false answers may...View More
An arrest warrant founded on probable cause carries with it the limited authority to enter a home in which the suspect lives when there is reason to believe the suspect is inside. This limited authority includes the right to enter the back yard of the home to prevent any attempted escape through...View More
In terms of the criminal charge, the first thing that Georgia looks at is a 10 year period. For a first DUI in a 10 year period, there is a minimum of 24 hours of confinement, 12 months of probation, a fine that ranges from $300 to $1000, license suspension, 40 hours of community service,...View More
Georgia's burglary statute is very broad and does not limit its application to buildings of any particular type or in any particular condition. The burglary statute protects the dwelling house of another or any building, vehicle, railroad car, watercraft, aircraft, or other such structure...View More
I have read multiple articles stating that it is illegal for pedestrians to walk on limited-access highways in Georgia, and I understand why it would be. I have searched through multiple laws and can't find any code section that actually deems it illegal. For example, Atlanta has a city... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.