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Questions Answered by Forrest Clinton Barbour

1 Answer | Asked in Criminal Law for Georgia on

Q: Can you get charge with possession of a firearm by convicted felon 3 times for one gun if so please explain

Forrest Clinton Barbour answered on Jan 31, 2019

I need more information to answer this question.

1 Answer | Asked in Traffic Tickets for Georgia on

Q: Is it legal for an officer to search your car and ask you question not related to why you were pulled over?

Forrest Clinton Barbour answered on Jan 31, 2019

An officer needs probable cause or consent to search a car. So, depending on the circumstances, yes, your automobile can be searched for something unrelated to why you were pulled over.

And an officer can question you about anything (there are some exceptions to this when a person is in...
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2 Answers | Asked in Criminal Law for Georgia on

Q: My son entered an auto and took a gun from the car. What's he facing?

Forrest Clinton Barbour answered on Jan 24, 2019

Entering auto carries up to 5 years in prison. If he is also charged with theft, he can be facing more time.

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2 Answers | Asked in Criminal Law for Georgia on

Q: If it's my first time in trouble and its Distribution of weed to a c.i. twice will I face prison time

Apparently they have proof

Forrest Clinton Barbour answered on Jan 24, 2019

Depends on the judge, prosecutor, facts of the case, your history, and other things. Do you have an attorney? What county is this case in?

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1 Answer | Asked in Traffic Tickets for Georgia on

Q: As long as you have two lights are you suppose to get tickets .? Is there a way to fight this ticket ?

Forrest Clinton Barbour answered on Jan 21, 2019

Two lights for what? I need more information.

1 Answer | Asked in DUI / DWI for Georgia on

Q: GA Failed breathalyzer test 1st dui got 1 yrs probation judge gave me a limited permit 2 drive. But dmv said i I refused

The breathalyzer and now had a dui als and a dui that show in the DMV system. But that’s not true. What do I do. The cop gave me a paper when I went to jail that said I could drive for 45 days because I did the test. An the judge gave me the paper saying I could get a limited driving permit for... Read more »

Forrest Clinton Barbour answered on Jan 21, 2019

It sounds like you did not appeal the suspension of your license. When the arresting officer gave you the 45 day permit, you had to appeal that in order to keep your driver's license. It sounds like you did not appeal that, and, thus, your license was suspended for 1 year.

1 Answer | Asked in Criminal Law for Georgia on

Q: why am i not in my co defendants discovery? i was not arrested but grand jury indicted why ?

Forrest Clinton Barbour answered on Jan 21, 2019

This is a hard question to answer without knowing a lot more information. The District Attorney ultimately decides whether to bring a case or not. So they can indict you without you having been arrested. As to why you are not in your co-defendant's discovery, I cannot answer that question without... Read more »

1 Answer | Asked in DUI / DWI for Georgia on

Q: I was told that the blood results they took for a DUI in November were not back. They said if they wanted to request a

They said if they wanted to request a later trail date to wait for them. Can I make them go ahead w/ the trail even w/o the results?

Forrest Clinton Barbour answered on Jan 21, 2019

It is unlikely. The prosecutor will likely request (and be granted) a continuance based upon the blood test results not being returned yet.

2 Answers | Asked in Criminal Law for Georgia on

Q: What is involved in resolving a misdemeanor failure to appear charge?

I live in GA but the failure appear charge is in NC. I was unable to get to court date, and emailed a scaned document that I was to give the judge in order to dismiss case.

Forrest Clinton Barbour answered on Jan 21, 2019

You need to consult with an attorney in NC.

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1 Answer | Asked in DUI / DWI for Georgia on

Q: I plead guilty a few weeks ago. I did not blow, but was found guilty of dui less safe. Should I reopen my case?

I was pulled over for a speeding, but never issued a speeding ticket instead hit with a dui. I was told my speech was slurred and failed the officer tests on the video. I did not blow the breathalyzer. My attorney convinced me that taking the plea would be better than going to trial, so I did, but... Read more »

Forrest Clinton Barbour answered on Nov 30, 2018

You have a very limited time to withdraw a guilty plea. You need to consult with an attorney ASAP. But whether your case is a good case to do that for is impossible for anyone to answer on internet - it would take a thorough review of the evidence for that.

2 Answers | Asked in Criminal Law and Traffic Tickets for Georgia on

Q: Will we have to appear in court?

We live over 300 miles from the county of the offense, My husband and I was charged with a controlled substance Marijuana paraphernalia. Officer said if we pay we don't have to appear in court. Will we have to appear?

Forrest Clinton Barbour answered on Nov 27, 2018

Depends. I would need to see the citation that you were issued.

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1 Answer | Asked in Criminal Law for Georgia on

Q: My 27 year old son was given a debit card number from a "friend" to pay his weekly car payment of $75.

The finance company repo'd the car the same night. The card owner contacted them with the information that she lives in So. Caroline and the credit card company notified her.

I need to know what were possibly facing.

Not interested in the car at the moment.

I have the... Read more »

Forrest Clinton Barbour answered on Nov 27, 2018

Your son is facing a felony charge. He needs an attorney who has experience in the county where this occurred.

1 Answer | Asked in DUI / DWI for Georgia on

Q: Is there any help for folks who don't have money for a lawyer in Glynn Co.?

My son got a dui 2 years ago, has a court date in two weeks. The first lawyer we hired died. The 2nd lawyer that took over didn't want his case. Can't afford another lawyer. What can we expect?

Forrest Clinton Barbour answered on Nov 26, 2018

Apply for the services of the public defender.

1 Answer | Asked in Criminal Law and Sexual Harassment for Georgia on

Q: If your being accused of aggravated sexual battery but you can’t contact the viticm but the victim is constantly calling

Can you use that in the court??

Forrest Clinton Barbour answered on Nov 12, 2018

Do you have a lawyer for this charge? You should get one now if you don't have one already. Tell your lawyer this information. He/she will best know how to use it as it relates to the particular facts of this case.

1 Answer | Asked in Criminal Law for Georgia on

Q: In the state of Georgia, what is the time limit on prosecution of drug trafficking (cocaine), code 16-13-31?

The original case was filed in 1986.

Forrest Clinton Barbour answered on Nov 12, 2018

Four years, but there are things that can cause that to extend, such as if you have a warrant for your arrest.

2 Answers | Asked in Criminal Law and Probate for Georgia on

Q: I need too terminate my probation I have not violated any of the requirements can I be able with a lawyer?

They are non vIolent and unsupervised.felony probation

Forrest Clinton Barbour answered on Nov 12, 2018

Early termination of probation is available to many people. However, I need a lot more information to see if it is available for your case.

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1 Answer | Asked in Traffic Tickets for Georgia on

Q: I got my first ticket driving 80 on 55, in GA, paid the citation, I now received a notice of my license being suspended.

License suspended for 6 months, I drive 2 hours a day to get to my university.

Forrest Clinton Barbour answered on Nov 12, 2018

How old are you? If under 21, paying such a ticket suspends your license. They might be a way to overcome this, but I need more information from you, and you need to act quickly, as there are time constraints.

2 Answers | Asked in DUI / DWI for Georgia on

Q: Can I get a DUI when I have a hangover?

Forrest Clinton Barbour answered on Nov 12, 2018

Yes, you can.

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