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Questions Answered by Morris Margulis
1 Answer | Asked in Traffic Tickets for Georgia on
Q: How do i request the video of traffic stop and any other material the assistant DA has concerning my bench trial in ga.
Morris  Margulis
Morris Margulis answered on Nov 22, 2021

The fastest, but least complete, responses you can get by sending an Open Records Request to the police department that conducted the stop.

For the most complete information, you have to do a discovery motion. Sometimes the motion itself isn't enough, and you have to file a motion to...
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1 Answer | Asked in DUI / DWI for Georgia on
Q: I got charges of dui/drug,violation georgia controlled substances act vgcsa-f, poss drug related object equip m

What's can I do ?

Morris  Margulis
Morris Margulis answered on Nov 22, 2021

Defending these cases usually depends on fourth amendment arguments. Did law enforcement have the right to stop you? If so, was the stop unreasonably prolonged? If not, did they have the right to search you and/or your car? Etc.

Feel free to email me to talk about setting up a retainer...
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1 Answer | Asked in Criminal Law for Georgia on
Q: In work release got new charge 20 months ago now transferred to jail for vop with no bond

My fiance was in work release and caught a new charge in a different county 20 months ago his last day of work release they transferred him to jail for a probation violation and are saying that he will sit there until the charges are resolved in the other county but there isn't even a court... Read more »

Morris  Margulis
Morris Margulis answered on Nov 22, 2021

If the new charge alleges conduct from before your fiance was sentenced to work release, you can file a petition for habeas corpus to challenge the alleged probation violation.

Otherwise, you can file a motion for bond on the probation revocation.

Please email me if you would like...
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1 Answer | Asked in DUI / DWI for Georgia on
Q: Does a character witness help in dui citation or can it be paid
Morris  Margulis
Morris Margulis answered on Nov 15, 2021

Technically, you can use a character witness to defend against a DUI change, but it is probably not advisable.

Generally, using a character witness "opens the door" for the prosecution to call other witnesses, or to present other evidence, against the defendant's character,...
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1 Answer | Asked in Criminal Law for Georgia on
Q: Can I give my time back or cut short if I plead guilty to my charges I got tricked
Morris  Margulis
Morris Margulis answered on Nov 12, 2021

There are different ways to do this, depending on what happened and when.

Please email me for assistance.

1 Answer | Asked in Traffic Tickets for Georgia on
Q: Can I plead nolo for a following too closely ticket at the age of 19 in Georgia?

I am 19 years old. Soon to be 20 years old in December. I have a ticket for following too closely that would add three points onto my license. Would I be allowed to plead nolo for this ticket?

Morris  Margulis
Morris Margulis answered on Nov 8, 2021

If you have not plead nolo before, yes, but you should try to avoid having to use your nolo for this.

Email me if you'd like some help.

1 Answer | Asked in Criminal Law for Georgia on
Q: What is the law in ga do u have roll your window all the way down to talk to the cops
Morris  Margulis
Morris Margulis answered on Nov 4, 2021

Strictly speaking, no, but you need to be careful here.

You need to roll the window down far enough for the police to do what they are otherwise permitted to do, including give you a citation to sign, if applicable.

You do not want to end up in a situation like Ms. Addie Smith:...
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1 Answer | Asked in Criminal Law for Georgia on
Q: Police pulled me over and found a meth pipe with white residue in it. The cop made me smash it and discard it.

I was told I could go to jail or I could set someone up. I chose to work. So I met with detectives and they had me sign some paperwork stating I was working for them to drop whatever they were going to charge me with. I'm sure it was on dash cam and even though I signed their paperwork is... Read more »

Morris  Margulis
Morris Margulis answered on Nov 4, 2021

Yes, that is a great angle of attack.

If they are charging you with drug possession, they have to prove that the substance you possessed was in fact the drug named in the charges. "White residue" alone is circumstantial evidence only, not sufficient to convict. It could be...
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1 Answer | Asked in Criminal Law for Georgia on
Q: Can my current probation be violated for disposing of an old charge from before I was placed on probation?
Morris  Margulis
Morris Margulis answered on Nov 3, 2021

No. If the old charge is alleged to have occurred before you were on probation, it cannot be used to violate your probation.

1 Answer | Asked in Traffic Tickets for Georgia on
Q: Are you suppose to be served with paper work letting you know your license are suspended before they arrest you?

I didn't know my license was suspended and was arrested yesterday

Morris  Margulis
Morris Margulis answered on Oct 30, 2021

In general, the prosecution has to prove that you were properly notified of the suspension in order to win their case against you.

Whether you were "properly" notified is case-specific.

In some circumstances, most commonly in DUI scenarios, notice occurs automatically,...
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2 Answers | Asked in DUI / DWI for Georgia on
Q: How can I get my limited permit to drive, due to a first dui where it was suspended for a year due to implied consent

Which I wasn’t asked for a test just booked in jail but I had supposedly 30 days to write to the dds but I wasn’t informed I had to to save my license an enable a permit to drive

Morris  Margulis
Morris Margulis answered on Oct 25, 2021

There is no limited permit available when your license is suspended due to "refusing" implied consent.

You must either attack the suspension in the administrative court or beat the DUI charge in criminal court.

Please feel free to contact me if you would like to discuss...
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1 Answer | Asked in DUI / DWI for Georgia on
Q: Could i be eiligble for house arrest for false statement dui and havent been in trouble for ten years
Morris  Margulis
Morris Margulis answered on Oct 20, 2021

Yes, but you should probably be going for simple probation instead.

Email me to discuss.

1 Answer | Asked in Criminal Law for Georgia on
Q: I was passenger &during a traffic stop my bf car was searched and found drugs in car I was told that I was being taken

Into custody to get searched by female officer

Next thing I know I am in jail charged with 2 felonies

Morris  Margulis
Morris Margulis answered on Oct 19, 2021

They are going to say that you had "constructive possession" of the drugs.

Let me know if you'd like some help.

1 Answer | Asked in Criminal Law for Georgia on
Q: Does a defendant have any options,if they were told they had a pre-negotiated deal walking into court that wasnt honored

In court a sentence of 2 years was requested,and agreed upon. After court everything changed and defendant was given 5 years to serve.instead.

Morris  Margulis
Morris Margulis answered on Oct 19, 2021

Yes, there are several options there, depending on exactly what happened at the hearing. Please email me ASAP. Most of the options are time-sensitive.

2 Answers | Asked in Criminal Law for Georgia on
Q: My spouse and I were charged with simple battery, however this was because the cop didn’t want to leave us arguing

With each other and we did not touch each other. Since we are married is there anything we can do to get the charges dropped. We were arguing over property. Side note neither of us have a record and both have good careers we don’t want to jeopardize.

Morris  Margulis
Morris Margulis answered on Dec 16, 2019

You should each consult separate attorneys in order to avoid placing a single attorney in a conflict-of-interest scenario.

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2 Answers | Asked in Criminal Law and Wrongful Death for Georgia on
Q: If the GA First Offender Act allows records to be immediately seal, why is the offender listed on Vinelink's website

The motion was filed and the records were sealed immediately. No records appear on any Georgia Department of Correction sites, etc. Is VineLink's (owned by Appriss) site violating the First Offender Act?

Morris  Margulis
Morris Margulis answered on Dec 13, 2019

Sometimes these companies need a little nudge, even after the courts seal the records.

You also need to make sure to get the records restricted by the various law enforcement entities involved in the arrest/detention.

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2 Answers | Asked in Criminal Law for Georgia on
Q: I rented a uhaul for one day and the uhaul was not. Returned until six. Days later...and I paid the full balance plus he

My question is there a loophole here that can get the chargw of theft by conversion conversion thrown out...

Morris  Margulis
Morris Margulis answered on Dec 6, 2019

Civic rights are not loopholes.

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3 Answers | Asked in Criminal Law for Georgia on
Q: What happens if you lie to law officer's?
Morris  Margulis
Morris Margulis answered on Dec 4, 2019

If you feel the need to lie to law enforcement, it is almost always better to say instead "I invoke my right not to respond", or to say nothing at all.

If you are caught lying to law enforcement, you can face criminal charges, and you can also lose credibility as a witness or a...
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2 Answers | Asked in Criminal Law for Georgia on
Q: How is being in your car parked at a place you don't live at 2:30am becomes loitering and prowling
Morris  Margulis
Morris Margulis answered on Dec 4, 2019

§ 16-11-36. Loitering or prowling

A person commits the offense of loitering or prowling when he is

in a place at a time or in a manner not usual for law-abiding individuals

under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the...
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2 Answers | Asked in Constitutional Law, Criminal Law and Traffic Tickets for Georgia on
Q: Is a speeding ticket civil, criminal, or quasi criminal in Georgia?
Morris  Margulis
Morris Margulis answered on Nov 14, 2019

A speeding ticket in Georgia is misdemeanor crime, although the penalties for a first, life-time speeding ticket in Georgia are capped below the standard maximum penalties for misdemeanors. See O.C.G.A. § 40-6-1.

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