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Questions Answered by E. Morris Margulis
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.

E. Morris Margulis
E. 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?

E. Morris Margulis
E. 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...

E. Morris Margulis
E. 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?
E. Morris Margulis
E. 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
E. Morris Margulis
E. 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?
E. Morris Margulis
E. 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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1 Answer | Asked in Traffic Tickets for Georgia on
Q: During a traffic stop if you pull over into say a qt parking lot is that lot considered private property
E. Morris Margulis
E. Morris Margulis answered on Nov 13, 2019

Private property does not become "public property" merely by you stopping on it during a pullover.

1 Answer | Asked in Traffic Tickets for Georgia on
Q: Dose a person have a right to a Court of Record in the STATE OF GEORGIA
E. Morris Margulis
E. Morris Margulis answered on Nov 13, 2019

It depends on the type of hearing being sought. For example, a commitment hearing is done by a court of inquiry, but a trial is done by a court of record.

1 Answer | Asked in Traffic Tickets for Georgia on
Q: received citation for speeding & failure to wear seatbelt, looked up citation online and it was listed at almost 1.4mil

is it possible that the price on the ticket is just listed incorrectly and should I fight it if so?

E. Morris Margulis
E. Morris Margulis answered on Nov 11, 2019

$1,000,000 is well outside of the legal penalty range for individual speeding & seatbelt violations in Georgia.

1 Answer | Asked in Traffic Tickets for Georgia on
Q: If I got a speeding citation in GA but am from FL can I pay without going to court?

I got a traffic citation while traveling in GA but live in FL and there is only a court date not a price. Is there anyway to transfer the court to a florida court or pay the fine without having to travel all the way back up here? It shows 78 in a 55. Also the officer told me it was 68 but on the... Read more »

E. Morris Margulis
E. Morris Margulis answered on Nov 11, 2019

Usually you can pay a speeding ticket online, but you need to be very careful about Georgia's "super speeder" law.

OCGA § 40-6-189

-------------------------

(b): In addition to any other fines or penalties imposed by any local jurisdiction or the...
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1 Answer | Asked in Criminal Law for Georgia on
Q: in a drug case when should the defense lawyer file for a motion of discovery
E. Morris Margulis
E. Morris Margulis answered on Nov 7, 2019

Criminal defense motions should usually be filed prior to arraignment, if possible.

Since most drug cases are felonies, discovery in those cases is generally pursued reciprocally, meaning the prosecution has to show you their evidence but you also have to show the prosecution yours.

1 Answer | Asked in Criminal Law and Landlord - Tenant for Georgia on
Q: How much does a writ of possession in the state of georgia for meriwether county cost
E. Morris Margulis
E. Morris Margulis answered on Oct 28, 2019

If you are asking about the court-costs, such as filing fees to initiate the dispossessory action, contact your local clerk of court.

The cost of attorney assistance will vary depending on the circumstances of each attorney you ask.

Be very careful if trying to do this yourself....
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2 Answers | Asked in Criminal Law for Georgia on
Q: Thank you Justia. How will a misdemeanor trespassing* effect my acceptance status within private or public organization

Has my profile as a citizen appeared as damaged or untrustworthy due to a misdemeanor criminal tresspass charge?

E. Morris Margulis
E. Morris Margulis answered on Oct 28, 2019

PIggy-backing on Counselor Schiffer's adroit answer, whether a conviction matters to a potential non-public employer or association generally depends on that employer's or association's own preferences and concerns.

That being said, it is most likely preferable to keep the...
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1 Answer | Asked in Traffic Tickets for Georgia on
Q: If never sighned any ticket to confirm charge but was arrested paid a bond to just get out could charges be dismissed
E. Morris Margulis
E. Morris Margulis answered on Oct 24, 2019

Your refusal to sign the traffic citation is not, by itself, sufficient grounds for the citation to be dismissed - otherwise nobody would sign them.

2 Answers | Asked in Criminal Law for Georgia on
Q: Why was my bf charged and th only one charged for drugs found in someone else's houses he was visiting it was not on him

It was not in his possession but in the lady's trash but he was the o kynone

E. Morris Margulis
E. Morris Margulis answered on Oct 24, 2019

Based on your description, I would expect the prosecution in his case to proceed on a theory of "constructive possession", which is a way to have something (legally) without actually holding it. This idea comes up frequently in drug cases.

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1 Answer | Asked in Criminal Law for Georgia on
Q: My son was charged with contraband of 3 grams of marijuana inside a state prison work camp.he was punished by the prison

Can the state also bring charges on him wouldn't it be double jeopardy if so

E. Morris Margulis
E. Morris Margulis answered on Oct 4, 2019

No, it would not be double jeopardy. His prison punishment was "administrative", not "criminal".

The prison's punishment does not go onto his criminal record, and it does not increase the maximum amount of time on his sentence (setting aside parole...
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1 Answer | Asked in Criminal Law for Georgia on
Q: Can someone please explain to me what the Georgia code 24-4-404 what exactly does that code mean? Thank you
E. Morris Margulis
E. Morris Margulis answered on Oct 4, 2019

Your trial should be about what you did, not about who you are (or who you were).

Georgia's rule 404 is supposed to prohibit the use of "character evidence" (evidence of your character). However, there are several exceptions to the rule, and lawyers and judges frequently...
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2 Answers | Asked in Criminal Law for Georgia on
Q: My sister got arrested foe SHOPLIFTING at Wal-Mart. She hasn't been in trouble for over at least 25 yrs or more..

I got her out on a 1094.00 bond last night.

Will she get jail time or a fine &probation. She don't have any charges on her record of shoplifting. Years ago she had a dwi that is all that is on her record..

If you could please let me know thank you

E. Morris Margulis
E. Morris Margulis answered on Oct 4, 2019

I agree with Counselor Schiffer.

I would expect "fine + probation" given the scenario you described, unless there are some other, egregious facts in the case.

The more severe consequence will likely be the fact of the shoplifting conviction itself, regardless of the...
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