He was attacked in june . Just got a notice in mail of court date. Deputy that took him to hospital told us they were dropping charges because they didnt want pay a deputy to go with him to the hospital he was being transferred to
A warrant is not defective unless a judge determines it to be so. As such, any indictment resulting from that arrest would be presumptively valid. That being said, depending on several factors, including any evidence used to obtain the warrant, you may have a valid defense to the charges if...Read more »
There are three types of burglary in the state of Georgia -- 1st degree, 2nd degree, and smash and grab. All three are felony offenses. The penalties for the three types vary from a minimum of 1 year up to 20 years. Whether the state offers probation depends on a variety of factors....the facts...Read more »
...it means that there must be evidence to support/backup the testimony of the victim. Generally, this can be physical evidence (injuries, DNA, etc.) or other evidence (text messages, other witnesses, etc.) that corroborates what the victim testifies to. Without some supporting evidence, the...Read more »
I was once arrested in Fort Stewart, GA but the case was dismissed. I have 3 background checks currently pending, my Secret clearance, Security G license, and to background for my weapon. Is this possible after two years to be on my records?
The short answer is yes. Often times when this happens, you must file a petition to restrict/expunge the arrest. Now that the laws have been changed, when a case is dismissed, the restriction is usually automatic. However, if you have an older arrest from several years ago, it may still show.
There is no law that states that you may not receive a bond if on felony probation at the time of the new charge. In my experience, many judges will place emphasis on the new charge. Specifically, whether it is a felony or misdemeanor. Also, many magistrates will deny bond as a matter of course...Read more »
If the defendant has a No-contact TPO and a no-contact bond order, and if the petitioner successfully vacated the TPO, would it also affect the Bond conditions and if not, can I file a motion to modify to remove the no-contact bond order based solely on the vacated TPO?
The TPO and the bond order are separate and stand on their own. As such, even if the TPO is vacated, the bond order would still be applicable. You can request a bond modification but I would recommend that you produce more evidence/argument in favor of the modification. Simply basing the...Read more »
The general rule allows a defendant to plea first offender if he/she has no prior felony convictions. There are certain felony charges whereby a defendant is not allowed to plea first offender (i.e. more serious offenses) --- but burglary in the 2nd degree is not one of them. Hence, if you have...Read more »
I was charged with possession and intent when I was just at the Scene to receive money I’d given somebody to help them get their lights cut back on they told the officer that the drugs on them when they got to the Scene were there’s they never found anything on me They even wrote out a sworn... Read more »
People are arrested just about every day for being at the wrong place at the wrong time. Based on the facts that you provided, it sounds like you have a valid defense. That being said, specific details surrounding your presence will play a big role in determining whether the state moves forward...Read more »
At a private family gathering, officers approached a family member and with force, tried to arrest him. Without explaining why he was being arrested, he acted in self-defense and hit the officer trying to arrest him. During the incident, the accuser told another officer that was the wrong guy they... Read more »
A suspect does have a legal right to stop an unlawful arrest. He/she is only allowed to use the amount of force being used against them. As such, this becomes a very fact specific argument for the defense. If the amount of force used was more than necessary, then the charge(s) could hold up. In...Read more »
The short answer is that, presence alone (inside of a house that is raided) is not enough for an arrest. Officers are required to have reason to believe that the defendant had access to and the ability to exercise control over the drugs that were found. As such, the circumstances surrounding the...Read more »
Typical depends on which jurisdiction you are charged in and your criminal history. Assuming that you have no history, you could be looking at pretrial diversion. Pretrial diversion might include fines, community service, and a theft seminar. On the other hand, a misdemeanor theft could be...Read more »
These type of cases depend heavily on the totality of the circumstances.
With that said, walking away from an officer is only obstruction if the officer has reasonable articulable suspicion that you are involved in criminal activity. In order words, he must have some specific and...Read more »
Simple assault is a misdemeanor. As such, it carries up to 12 months in jail. I would suggest that you contact an experienced criminal defense attorney for representation. Furthermore, if you have been diagnosed with any kind of mental health disorders, gather that paperwork for your attorney -...Read more »
Yes. At a preliminary hearing, hearsay is admissible. This means that the officer can testify to what the victim told him. If the judge believes that the officer's testimony alone is sufficient to meet the probable cause standard, then the case will be bound over.
My grown daughter (age 28) was caught at the door of Walmart by their security and was arrested for theft by shoplifting. She was accused of swapping price tags and paying a reduced amount for the items. She is currently looking for an attorney. In the meantime, she found out that she is looking at... Read more »
Without more information, it is difficult to say how this will play out. From an efficiency standpoint, my guess is that the state will charge her on one indictment/accusation and add additional values for any of the 6 charges that they can prove. Assuming that the total loss by Walmart exceeds...Read more »
Having an attorney represent you, whether private attorney or appointed, places you in a better position to achieve a fair and just outcome. Furthermore, while most misdemeanors are consider minor by the general public, a third or subsequent theft offense can be charged as a felony. You might...Read more »
She had to go to the ER. was there they called the police. She was heavily sedated on pain meds cuz she broke her nose on the dash in my truck. She told the cops what happened and when they asked her to write a statement she said no.
Oftentimes if there is any evidence indicating that the incident was a result of domestic violence, law enforcement will make an arrest warrant. This applies even if the alleged victim is reluctant or does not write a statement.
From the perspective of the prosecuting attorney, a...Read more »
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