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Questions Answered by Morris Margulis
1 Answer | Asked in Criminal Law for Georgia on
Q: okay thank yall for last question being answered, now for next question what is meaning behind, " Maximum sentence 3 yrs

recommendation is 3 years probation??

Morris  Margulis
Morris Margulis answered on May 21, 2022

Maximum allowable sentence is 3 years in custody (jail or prison), with the prosecutor asking the judge to allow the time to be served out of custody, on probation.

1 Answer | Asked in Criminal Law for Georgia on
Q: What happens if there’s no evidence at a revocation hearing for possessing a firearm while on felony probation?

Can the courts give you time without evidence?! The firearm was captured by officers from a backpack worn on the suspect.

Morris  Margulis
Morris Margulis answered on May 21, 2022

Probation revocation hearings require evidence sufficient to meet the "preponderance" (basically, "more likely than not") standard that a term of the probation sentence was violated.

Watch out for a "constructive possession" theory. If you're looking to...
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2 Answers | Asked in Criminal Law for Georgia on
Q: I have been charged with Theft by shoplifting in bremen, ga. However when arrested i had not left the store yet
Morris  Margulis
Morris Margulis answered on May 18, 2022

OCGA 16-8-14:

A person commits the offense of theft by shoplifting when such person alone or in concert with another person, with the intent of appropriating merchandise to his or her own use without paying for the same or to deprive the owner of possession thereof or of the value thereof,...
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1 Answer | Asked in Criminal Law for Georgia on
Q: Does probation stop when violated
Morris  Margulis
Morris Margulis answered on May 8, 2022

If you aren't in custody (jail) on the violation, the court needs a "tolling order" in place to stop your probation clock from running.

If you are in jail waiting for a revocation hearing, you should get credit for that time while you wait.

1 Answer | Asked in Traffic Tickets for Georgia on
Q: I received 2 photo citations by mail however the speed posted is incorrect on my ticket . The speed limit is 35mph

Not 30 mph. I videotaped my entire drive to my sons school and back and at no time is the the speed limit posted as 30mph, only 45mph and 35 mph. What can I do?

Morris  Margulis
Morris Margulis answered on May 7, 2022

Show the photos to the prosecutor at your arraignment. If that does not work, ask for a continuance and bring a lawyer to your next court date.

1 Answer | Asked in Criminal Law for Georgia on
Q: My brother is in jail on trafficking meth but he didn't caught with nothing on him or his car

But his passenger made a deal in another car and they was setup there saying my brother knew about it but they never found anything on him or in his car or his phone so can he be convicted

Morris  Margulis
Morris Margulis answered on May 7, 2022

Yes, he can be convicted if the evidence shows that he knew he was helping his friend with the drug deal. Maybe his friend throws him under the bus. Maybe there is something in his background that the prosecutor uses. Maybe he said something to the police that can be twisted into an admission.... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: Can a victim use texts from outside party as evidence if the party wasn’t a witness or didn’t testify?

If alleged victim is using evidence from an outside party but that person wasn’t listed as a witness or called to testify, can that “evidence” be used?

Morris  Margulis
Morris Margulis answered on May 5, 2022

Your scenario raises issues with the Hearsay rule of evidence as well as the Confrontation Clause protections against absent witnesses.

Whether the evidence is ultimately admissible is very fact-specific, but you are probably on to something there.

2 Answers | Asked in DUI / DWI for Georgia on
Q: 1st DUI in Gwinett County blew .12 what will my sentence be.i
Morris  Margulis
Morris Margulis answered on May 3, 2022

You're probably looking at something between 24 hours and 30 days in jail, plus classes, fines, and community service.

The amount of jail time will depend on various factors, including your driving record, your history with drugs/alcohol, whether you gave the police any attitude, and...
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2 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: My wife took out a TPO against me and then contacted me by text..What can I do..??
Morris  Margulis
Morris Margulis answered on Apr 20, 2022

I concur with Counselor Schiffer. Extreme caution is advised. Do not respond to her messages.

Get a lawyer to prepare a cease & desist letter to send to her. Do NOT do it yourself.

After that, if she continues to try to bait you into violating the TPO, you can file against...
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1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: Do your charge get sealed after you get off a felony probation from first offender?
Morris  Margulis
Morris Margulis answered on Feb 7, 2022

Your probation officer should notify the court once you are finished, and the clerk should process the first offender restrictions.

That being said, "should" does not mean "will". You may want to follow up with the clerk's office about a month after you've completed everything, just to be sure.

1 Answer | Asked in DUI / DWI for Georgia on
Q: Will bench warrant show up on online case file in atlanta for failure to appear?

My license has not been suspended

Morris  Margulis
Morris Margulis answered on Feb 7, 2022

Online dockets are not very reliable. Sometimes the warrant will show on the system but not always.

The best thing for you to do is get an attorney to walk into the clerk's office to check for a warrant and get you a new court date.

1 Answer | Asked in Traffic Tickets for Georgia on
Q: Why 40-6-48 and 40-6-50 are ticketed together for one case?

I was caught by an officer while I was driving down a hill between the highway ramps. The highway and the ramp where I was driving were trapped by terrible traffic jams. I saw a smooth running roadway down a hill and there were several cars driving down the hill in front of me. I have followed... Read more »

Morris  Margulis
Morris Margulis answered on Feb 7, 2022

If both charges are consolidated into a single case, you can use a nolo plea to resolve the entire case.

You may not want or need to plead nolo, though, depending on your exact circumstances. You should consult with a traffic attorney for your best course of action.

2 Answers | Asked in Traffic Tickets for Georgia on
Q: I violated my probation and wanted to know what the consequences would be?

I got a super speeder in georgia back in august. It was $1300 ticket. I didnt have the money to pay for it so I went to court to get on a payment plan. This payment plan included probation until I payed off the ticket. I was supposed to call in every other wednesday. I missed 3 probation calls, as... Read more »

Morris  Margulis
Morris Margulis answered on Feb 7, 2022

Missing payments is actually not that big of a deal, so long as you can demonstrate your financial hardship to the court.

Missing your reports, on the other hand, shows the court that you aren't taking the court seriously.

You might be able to avoid the court date altogether by...
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2 Answers | Asked in Criminal Law and Federal Crimes for Georgia on
Q: I have some questions about criminal charges. I don't understand the structure of charges.

I'm writing a fictional story about someone who broke laws on the federal and state level, and I'm using Georgia as the state law.

Let's say the accused was caught inflicting and trying to inflict physical harm on three officers during the booking process. The accused... Read more »

Morris  Margulis
Morris Margulis answered on Feb 7, 2022

If you want your fictional defendant to face a hundred charge indictment, you can probably do that with your scenario, although realistically the state probably would want to boil that down for various tactical reasons that are too complicated for this format.

Take our Simple Battery...
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1 Answer | Asked in Criminal Law for Georgia on
Q: Bond vs probation officer

family member was arrested for DUI. She was on probation for a previous offense (DUI) although it was reduced to reckless driving. Does the probation officer ultimately make the decision on whether the individual is released or not?

Morris  Margulis
Morris Margulis answered on Jan 25, 2022

These are two cases, the new DUI and the old one, and each case gives the government an independent, though related, claim on holding your family member in custody.

On the new DUI, the probation officer cannot prevent a bond from being granted.

On the old DUI/reckless, the probation...
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3 Answers | Asked in Criminal Law and Car Accidents for Georgia on
Q: The person permitted to drive my vehicle was unlicensed and got into an accident. What is the punishment for § 40-5-122?
Morris  Margulis
Morris Margulis answered on Jan 25, 2022

It is a misdemeanor offense, punishable by a maximum of 12 months in custody and a $1,000 fine.

Beyond the criminal penalties, you are also exposed to civil tort liability (a lawsuit) for any injuries or property damage caused by the unlicensed person you permitted to drive your vehicle....
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2 Answers | Asked in Criminal Law for Georgia on
Q: can i be arrested for criminal trespass at my house for beaking a chair because my wife had her boyfriend there.

I came home her boyfriend was there I broke a chair he called the cops and left they arrested me for criminal trespass

Morris  Margulis
Morris Margulis answered on Jan 22, 2022

You can't commit trespass against your own property, but there are other (worse) crimes that could be charged based on the conduct you described, so tread carefully when dealing with the case.

At a minimum, you should get a criminal defense attorney to look over the police report and...
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1 Answer | Asked in Traffic Tickets for Georgia on
Q: Hi, I was given a ticket for hitting a vehicle parked on the highway median. No one was in the vehicle.

FAIL TO NOTIFY OWNER/FIXED OBJ STRUCK (40-6-272). I was picked up by ambulance and taken to the hospital. The policeman gave me a ticket while I was lying down in the ambulance for not contacting the owner of the vehicle I hit. Can I dispute this ticket and have the ticket removed from my record?

Morris  Margulis
Morris Margulis answered on Jan 21, 2022

Based on the facts presented, you should absolutely dispute this ticket. You need to be careful, however, as the most glaring error on this ticket is one that can easily be corrected by a competent prosecutor.

Please contact my office if you would like further assistance.

1 Answer | Asked in Criminal Law for Georgia on
Q: I was pulled over with my boyfriend and there was drugs in the car we both went to jail I bonded out will I go to prison
Morris  Margulis
Morris Margulis answered on Jan 14, 2022

If this is your first offense, you are likely not facing prison time, unless there are other aggravating circumstances, such as weapons or significant quantities of the drugs. If you do have some criminal history, the answer will turn on the details of that history - what your past charges were,... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Georgia on
Q: My s/o was picked up on a false warrant ,never had his Miranda rights read to him until after speaking with the d.a

He was also given paperwork to sign without counsel present under the assumption that it was the statement he had just made, but really he had unknowingly signed away his rights... He was incarcerated on 12/30/2021 where he has been held without bond( no bail hearing given) , or evidence,.. the... Read more »

Morris  Margulis
Morris Margulis answered on Jan 14, 2022

He needs to act fast to get Habeas Corpus relief. If he can get out of custody, he will be in a much better position to pursue his other claims involving this experience.

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