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Questions Answered by Jermario L Davis
1 Answer | Asked in Criminal Law for Georgia on
Q: Can arrested still be on records even if it was dismissed and still after two years???

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?

Jermario L Davis
Jermario L Davis answered on Sep 24, 2021

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.

1 Answer | Asked in Criminal Law for Georgia on
Q: If on felony probation and I get a new charge, can I get a bond?
Jermario L Davis
Jermario L Davis answered on Sep 24, 2021

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 »

1 Answer | Asked in Criminal Law for Georgia on
Q: No-contact TPO and Bond condition with the petitioner. The petitioner vacated the order, can I file a bond modification

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?

Jermario L Davis
Jermario L Davis answered on Aug 21, 2021

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 »

1 Answer | Asked in Criminal Law for Georgia on
Q: If I plead nolo to a misdemeanor driving on suspended charge my only ever charge can I plea first offender on burglary 2
Jermario L Davis
Jermario L Davis answered on Aug 17, 2021

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 »

1 Answer | Asked in Criminal Law for Georgia on
Q: Can you be charged with drug possession if nothing was found on you and the other person claims it

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 »

Jermario L Davis
Jermario L Davis answered on Aug 17, 2021

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 »

1 Answer | Asked in Criminal Law for Georgia on
Q: Officers tried to arrest the wrong person

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 »

Jermario L Davis
Jermario L Davis answered on Aug 17, 2021

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 »

1 Answer | Asked in Criminal Law for Georgia on
Q: If your at a house that gets raided an they find drugs in the house but not on you are they supposed to arrests you
Jermario L Davis
Jermario L Davis answered on Jul 16, 2021

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 »

1 Answer | Asked in Criminal Law for Georgia on
Q: What is a typical sentence for a simple 16-8-2 theft under 100 dollars

Would there be a ticket involved or would there be time? I just am curious

Jermario L Davis
Jermario L Davis answered on Jul 14, 2021

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 »

1 Answer | Asked in Criminal Law for Georgia on
Q: If a search warrant return was dated passed ten days doesn't that make the warrant void and eligible for suppression

This a case involving drugs

Jermario L Davis
Jermario L Davis answered on Jun 12, 2021

Search warrants generally have an expiration date. As long as they are executed prior to the expiration date and are carried out within the parameters of the warrant, then they are generally valid.

It sounds like you have some concerns over the warrant and whether it was valid when...
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1 Answer | Asked in Criminal Law for Georgia on
Q: Is walking away from an officer and refusing to identify oneself to an officer obstruction?
Jermario L Davis
Jermario L Davis answered on Jun 12, 2021

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 »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Georgia on
Q: What will my sentence be for simple assualt it's my second charge and I was intoxicated and mentally manic

Suffocated and drugged to the point I cannot sit up when I was taking the first time to jail. I do not want to go back to jail what can I do

Jermario L Davis
Jermario L Davis answered on Jun 10, 2021

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 »

1 Answer | Asked in Criminal Law for Georgia on
Q: At a preliminary hearing can the victim of the case refuse to testify by pleading the 5th & it still be bound over

To superior court?

Jermario L Davis
Jermario L Davis answered on Jun 10, 2021

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.

With that said,...
Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: What happens with 7 shoplifting charges?

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 »

Jermario L Davis
Jermario L Davis answered on May 29, 2021

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 »

1 Answer | Asked in Criminal Law for Georgia on
Q: I have a court date coming up next week on a theft by taking misdemeanor from my previous employer. Do i need legal ?
Jermario L Davis
Jermario L Davis answered on May 24, 2021

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 »

1 Answer | Asked in Criminal Law for Georgia on
Q: Good morning.. how can they take a warrant out for me when the victim didn't write a statement on me??

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.

Jermario L Davis
Jermario L Davis answered on Feb 3, 2021

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...
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1 Answer | Asked in Criminal Law for Georgia on
Q: For you to be charged with aggravated assault you have to do the act of assault to the person correct..
Jermario L Davis
Jermario L Davis answered on Jan 8, 2021

No. You could be charged as a party to the crime of assault. In other words, the allegation would be that you aided, assisted, or abetted the individual that actually committed the assault. As such, you also stand in that person's shoes and the potential penalty is the same for the... Read more »

1 Answer | Asked in Criminal Law, Constitutional Law and Domestic Violence for Georgia on
Q: In Georgia would it be legal for an officer to make a warrantless arrest when no complaint has been made?

The question relates to my arrest after I had placed a call to 911 requesting police to respond to a domestic violence assault against me. The other party was also arrested charged and ultimately plead guilty but I was arrested and accused of charging at the other party. But in reality I was pulled... Read more »

Jermario L Davis
Jermario L Davis answered on Dec 30, 2020

Felony obstruction is a serious charge. Unlike the misdemeanor variety, the felony obstruction indicates that you did violence or offered to do violence to the officer.... You should definitely consult "directly" with an attorney and not try to resolve this on your own.

Officers...
Read more »

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...
Read more »

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