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... View More

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... View More

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.... View More

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... View More

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.

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,... View More

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.

Assuming you were not driving a motorcycle, you need at least two working headlights (OCGA 40-8-22) and two working taillights (OCGA 40-8-23).

By driving your vehicle on the roads in violation of these statutes, you are subject to prosecution as a misdemeanor criminal defendant (OCGA... View More

Yes, they can sue you, and if they win, they can take collections actions against you to collect on their judgment.

If they have uninsured motorist insurance coverage, their insurance company can sue you, as well.

If you would like assistance putting yourself in the best possible... View More

Under Georgia law, a person commits the misdemeanor criminal offense of "Simple Battery" when that person "intentionally makes physical contact of an insulting or provoking nature with the person of another". O.C.G.A. § 16-5-23.

It should, but you should check with the clerk of the court that sentenced you to first offender probation to be sure.

As I understand the situation, he was on probation in Catoosa County when he was subsequently charged with criminal conduct in Murray County, and he is now in Catoosa County custody on a probation warrant pending a probation revocation hearing.

If he admits the criminal conduct in Murray... View More

Check the Georgia rules for "Computation Of Time" here - https://law.justia.com/codes/georgia/2020/title-1/chapter-3/section-1-3-1-d-1/

You are time-barred from filing a motion for new trial, but depending on the circumstances you may still be able to file a motion in arrest of... View More

Depending on the severity of the harassment, you can hire an attorney prepare a Cease & Desist, you can file for a restraining order, or you can contact the police.

If the calls are not threatening but merely annoying, consider simply blocking the calls -... View More

The attorney can file either a Motion For Reconsideration or an appeal of the bond decision through Habeas Corpus.

The best approach to take is very fact specific.

There are a number of bases that your insurer could rely upon to make this determination. Maybe you were distracted (OCGA 40-6-241(b)) or driving too fast for the conditions at the time (OCGA 40-6-180).

Rather than guessing what your insurer is using to avoid liability for the wreck or... View More

A pending motion to modify a criminal sentence (whether in custody or on probation) will not automatically pause that sentence.

You can ask for a supersedeas bond to relieve you of your probation obligations while your motion is pending, but absent relatively extreme circumstances, you are... View More

Most people find this difficult to believe, but according to OCGA 40-6-1(a), almost every traffic violation is a "misdemeanor", which, according to OCGA 17-10-3(a)(1), is punishable by a fine up to $1,000.00 *and* up to one year in jail.

Practically speaking, it is very rare for a... View More

They can do this. It is called "joint possession". Here is a helpful summary of "possession" in the context of contraband:

"Possession of contraband may be actual or constructive. Moreover, joint constructive possession with another will sustain a conviction for... View More

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... View More