All prior felonies may be used for the purpose of recidivist punishment as long as they can be proven. Successfully completed First Offender or conditional discharge sentences may not be used because those are not convictions. If you are facing a case where you may be subjected to recidivist...Read more »
"Is there a statue of limitations for 16-13-32.3?":
OCGA 17-3-1 outlines the statute of limitations for various crimes. OCGA 16-13-32.3 falls under the standard statute of limitations, which is 4 years. That means that the prosecution has four years to commence prosecution, that is to file... Read more »
There is not a set period of time in which a criminal case has to be concluded. If too much time has passed, a defendant can move for a dismissal based on a violation of their right to a speedy trial as guaranteed by the Constitution. There is a four factor test that the courts use to determine...Read more »
OCGA 17-3-1 outlines the statute of limitations for various crimes. OCGA 16-13-32.3 falls under the standard statute of limitations, which is 4 years. That means that the prosecution has four years to commence prosecution, that is to file an indictment or accusation. It does not mean that a case...Read more »
No, individuals who have felony convictions are not permitted to possess guns ever again. The possession of a gun by a convicted felon is, itself, a felony charge. That analysis would be different, however, if you had entered a plea to your charges under the First Offender Act and successfully...Read more »
A petition alone does not give a biological father who is not legitimated any rights over the child. However, it is possible that a temporary, ex-parte order was put in place while you were in jail. You should speak to a lawyer right away to help you sort through what actually happened while you...Read more »
If you were sentenced under the First Offender Act in Georgia and successfully completed it, you were never convicted of a felony. Although people may not possess guns during the pendency of their First Offender sentences, their civil rights and liberties are not impacted by cases discharged under...Read more »
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... Read more »
A plea under the First Offender Act is not considered a conviction. You can fairly say that you have never been convicted of a crime. If your probationary period has ended, it is worth your time to go back to the clerk's office and make sure that the proper paperwork has been filed. If you have...Read more »
My fiance and I live in Ga and are moving to Tn in September. My ex has primary custody of our daughter. I am not taking her with me and plan to come to Ga for my visitation. Do I need to have permission to move by myself?
You do not need the court's permission to move. Your divorce decree may have a clause that requires you to notify your former spouse of any such changes because of the child. If it does, I would recommend that you send her a letter with that information even if you only plan to exercise your...Read more »
There are limited circumstances under which you would be able to get a misdemeanor conviction restricted. The first would be by pleading under the First Offender Act and successfully completing your sentence. The second would be under the Youthful Offender Act if you qualify. You would have to be...Read more »
O.C.G.A. § 19-8-21 discusses adult adoptions. Assuming that the adult in question has the capacity and legal authority to make decisions for himself/herself, the consent that is required is that of the adult to be adopted, not his/her biological parents. An attorney that specializes in adoption...Read more »
My license was suspended when I forgot to pay a ticket because my Mother was dying and it just slipped my mind. Once I remembered I paid the ticket and thought it was over. But they had had my license suspended through Alabama and I was not notified. Then I was pulled over in Trenton GA and taken... Read more »
In Georgia, to prove driving while license suspended (O.C.G.A. 40-5-121) at trial, the prosecutor do have to show that the accused had actual OR legal notice of the suspension. Although you may not have actually known that your license was suspended, that doesn't mean you didn't have legal notice....Read more »
The penalty for party to any crime is the same as the crime itself. However, there are several different penalty ranges for theft by taking depending on the amount that was allegedly taken. O.C.G.A. 16-8-12 outlines the penalty ranges for thefts. If your fiance is facing a felony charge, he needs...Read more »
A person alleging that someone threatened them over the phone is likely sufficient to bring a charge of terroristic threats because the standard for arrest, accusation, or indictment is merely probable cause. To convict someone of terroristic threats, there is a higher standard of proof: beyond a...Read more »
A legal accusation is a charging document produced by a prosecutor and filed with the court to start a prosecution against a defendant for a crime. It is the alternative charging document to an indictment, which has to be approved by a grand jury. Not all crimes can be charged by accusation in...Read more »
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