Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Holly G Chapman
2 Answers | Asked in Criminal Law for Georgia on
Q: How far back can they go on prior felony convictions to sentence you as a recidivist
Holly G Chapman
Holly G Chapman answered on Oct 10, 2019

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 »

View More Answers

1 Answer | Asked in Criminal Law for Georgia on
Q: Is there a limit of time that this type of case has to be concluded within from the date of alleged crime or conviction?

"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 »

Holly G Chapman
Holly G Chapman answered on Sep 18, 2019

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 »

1 Answer | Asked in Criminal Law for Georgia on
Q: Is there a statue of limitations for 16-13-32.3?
Holly G Chapman
Holly G Chapman answered on Sep 18, 2019

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 »

1 Answer | Asked in Criminal Law for Georgia on
Q: I pleaded guilty to possession of marijuana with intent to distribute and attempted mv theft in 2001.Can I possess a gun

They are my only felony convictions, they were not forcible and both were in Ga.

Holly G Chapman
Holly G Chapman answered on Sep 18, 2019

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 »

2 Answers | Asked in Child Custody and Juvenile Law for Georgia on
Q: My sons father went and filed for petiton for legitimation and visitations/coustdy while i was in jail. Theres a court

Date set for next month but he took my son does he have the right to do that and not allow me to see him or can i take him back from him until the court date

Holly G Chapman
Holly G Chapman answered on Sep 9, 2019

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 »

View More Answers

1 Answer | Asked in Criminal Law for Georgia on
Q: can a first offender buy a gun in GA after the probation period is over. Has been 40 yrs ago

I was convicted of 3 counts of entering an auto in the state of GA. Sentenced to 3 years first offenders probation and completed the sentence. Was 40 years ago. Can I buy a firearm?

Holly G Chapman
Holly G Chapman answered on Sep 6, 2019

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 »

2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Georgia on
Q: How do I explain this on application/says have you ever been convicted of a crime other than minor driving violations

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 »

Holly G Chapman
Holly G Chapman answered on Sep 6, 2019

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 »

View More Answers

2 Answers | Asked in Child Custody for Georgia on
Q: Can I move to another state if ex has primary custody of daughter.

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?

Holly G Chapman
Holly G Chapman answered on Jul 30, 2019

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 »

View More Answers

3 Answers | Asked in Criminal Law for Georgia on
Q: Can I get an expungement in Georgia if I plead guilty to a misdomeanor?
Holly G Chapman
Holly G Chapman answered on Jul 30, 2019

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 »

View More Answers

1 Answer | Asked in Adoption for Georgia on
Q: If I am filing a petition to adopt and adult child, do the biological parents have to give consent?
Holly G Chapman
Holly G Chapman answered on Mar 14, 2019

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 »

1 Answer | Asked in Traffic Tickets and Criminal Law for Georgia on
Q: Can you be convicted of driving on suspended license if you were not aware they were suspended?

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 »

Holly G Chapman
Holly G Chapman answered on Mar 14, 2019

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 »

1 Answer | Asked in Criminal Law for Georgia on
Q: Is the charge of "possession of a firearm during the commission of a crime" a felony??
Holly G Chapman
Holly G Chapman answered on Mar 4, 2019

Yes, possession of a firearm during the commission of a crime is a felony (O.C.G.A. 16-11-106).

1 Answer | Asked in Criminal Law for Georgia on
Q: My fiance was charged with felony party to crime of theft by taking. How much time could he serve in jail?
Holly G Chapman
Holly G Chapman answered on Mar 4, 2019

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 »

2 Answers | Asked in Criminal Law for Georgia on
Q: Can a person be charged with a terroristic threat if someone says they threaten them over the phone? With no evidence
Holly G Chapman
Holly G Chapman answered on Mar 4, 2019

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 »

View More Answers

1 Answer | Asked in Criminal Law for Georgia on
Q: I have a question. What dose it mean to have an accusation brought against you??
Holly G Chapman
Holly G Chapman answered on Jan 30, 2019

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 »

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.