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Questions Answered by Jermario L Davis
1 Answer | Asked in Criminal Law and Employment Law for Georgia on
Q: I have 2 theft by takings that is on my record from 10 years ago that ended in settlement. Is a settlement a conviction

I am applying to a nursing home as a temp aide and cna training and wanted to know if this could affect me. They both are felonies.

Jermario L Davis
Jermario L Davis answered on Nov 16, 2020

The term settlement is generally not used in criminal law. If by settlement you mean plea agreement, then you would have a criminal conviction which I expect your potential employer would consider before hiring you.

Your criminal record is composed of both (1) arrests and (2)...
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1 Answer | Asked in Criminal Law for Georgia on
Q: What is an example of an action that would result in a cruelty to children in the first degree charge to be placed
Jermario L Davis
Jermario L Davis answered on Nov 16, 2020

OCGA 16-5-70....willfully deprives the child of necessary sustenance to the extent that the child's health or well-being is jeopardized.

In other words, intentionally causing the child to suffer from a lack of food or drink.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Georgia on
Q: I don't know what to do

I was pulled over after just getting my car back October 2nd, the reason for the stop was they had claimed my paper temporary tag was flapping in the wind but the plastic tag cover I bought pretty much tells me that was a lie. They search my vehicle without my consent and all of a sudden a tiny bag... Read more »

Jermario L Davis
Jermario L Davis answered on Oct 27, 2020

You should hire an attorney as soon as possible. There are notices and deadlines that have to be met in order for the seizure and potential forfeiture to be valid. In any case, do not delay taking action to get your property back.

As far as the charge itself, there appear to be multiple...
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1 Answer | Asked in Criminal Law for Georgia on
Q: Is it theft from walmart if person is still inside the gate but they claim person was past the "last point of sale"?

Person was in the garden section of walmart with shopping cart that did contain items that were going to be purchased. Walmart employees detained person and claimed person was stealing because they were past the "Last point of sale"

Jermario L Davis
Jermario L Davis answered on Oct 27, 2020

The short answer is yes. There is no requirement that the suspect leave the store with the item or even passed all points of payment.

Theft by shoplifting only requires that the suspect intend to steal the item and he/she does something in furtherance of that goal. In other words, the...
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1 Answer | Asked in Criminal Law, Civil Rights and Gov & Administrative Law for Georgia on
Q: If an individual has been in jail for 90 days and hasn't been indicted or granted bond,the judge is in violation of wha?
Jermario L Davis
Jermario L Davis answered on Oct 26, 2020

The statute that you are referring to is o.c.g.a. 17-7-50....if true, the judge would be required to set a reasonable bond upon petition by the Defendant. There are exceptions if the state intends to seek the death penalty. Specifically, the state can seek additional time (90 more days) to... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: if I turn my self in on a criminal case will I be able to bond out the same day
Jermario L Davis
Jermario L Davis answered on Oct 26, 2020

Depends on the charge and the jurisdiction/location.

If the charge is a misdemeanor and you have no holds (or other active warrants) then there is a strong likelihood that you will receive a pre-set bond. On the other hand, if the charge is a felony, you will likely have to go before a...
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1 Answer | Asked in Criminal Law for Georgia on
Q: If you are a recidivist are you sentences under O.C.G.A. (A) and (C) 17-10-7(A) and(C)? T or F
Jermario L Davis
Jermario L Davis answered on Jan 31, 2020

It depends on your criminal history. 17-10-7(a) only requires a single prior felony conviction whereby the defendant was sentenced to "confinement" in a penal institution. 17-10-7(c) requires that the defendant have three prior felony convictions "at the time" of the latest... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: Best/worse case scenario for person facing robbery, but has no prior convictions?
Jermario L Davis
Jermario L Davis answered on Jan 30, 2020

Robbery is a very serious offense. It carries a sentence of 1 to 20 years of confinement. The sentence for robbery can be probated depending on the circumstances, negotiations, etc. In my personal experience, the fact that the defendant has no prior history does not have a great impact on... Read more »

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