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Questions Answered by Jermario L Davis
1 Answer | Asked in Criminal Law for Georgia on
Q: I refunded $600 worth of money from my job I paid $400 back but if I don’t have $200 by Friday they will issue a warrant

If this is my first offense how long will I be charged for $200

Jermario L Davis
Jermario L Davis
answered on Jun 26, 2024

Assuming you are charged with something (not enough information to say), and this is your first offense, with the assistance of counsel, you would likely avoid jail time and could possibly have the charge(s) dismissed. Theft charges are typically misdemeanors if the value of the item allegedly... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: The Judge in ...County jail the prosecuting atty reduced felony to misdemeanor and set bond $1000 but Bond is $1300

All agreed to reduce Bond to $1000 from $2630, felony reduce to misdemeanor. When paperwork came through Bond is $1300 and felony second degree still on record, what happened?

Jermario L Davis
Jermario L Davis
answered on Jun 25, 2024

You may want to speak with the attorneys involved in the matter. All answers on this cite will be guesswork. Here's my take: The $1300 likely represents the $1000 bond plus surcharges which typically hover around 30%. As such, $1300 would be the correct amount. In terms of the reduced... View More

2 Answers | Asked in Criminal Law for Georgia on
Q: Can someone taking Gift Cards that have not been yet activated be considered "shoplifting" as the cards have NO $value?
Jermario L Davis
Jermario L Davis
answered on Feb 12, 2024

Of course. The truth of the matter is that the cards, even inactive ones, have value. That value may be low but there is still a value there. Without the cards, the owner/store is unable to sell and activate the cards for potential buyers.

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1 Answer | Asked in Criminal Law for Georgia on
Q: Can you get a bond on probation if you violate it with another charge

If you have probation for possession of firearm by convicted felon then u get the same charge can u get a probation bond

Jermario L Davis
Jermario L Davis
answered on Jun 27, 2024

There is no hard rule to say that you cannot get a probation bond while on probation. However, the likelihood of getting a bond while on probation is much lower than if not on probation.

1 Answer | Asked in Criminal Law for Georgia on
Q: Can you be indicted by a grand jury if you have never been charged with the crime

This is not for me it's for a friend of mine who isn't computer savvy

Jermario L Davis
Jermario L Davis
answered on Feb 12, 2024

She short answer is yes. It happens quite often. The grand jury indictment acts as the charging instrument/paperwork which allows for the arrest and charges.

1 Answer | Asked in Criminal Law for Georgia on
Q: What is the statute of limitations for fleeing and eluding in state of georgia
Jermario L Davis
Jermario L Davis
answered on Oct 7, 2022

Depends on the type of fleeing/eluding that is ultimately charged. Georgia has both misdemeanor and felony eluding offenses. The statute of limitations for misdemeanor eluding is 2 years and the statute of limitations for felony eluding is 4 years.

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: I was not told about 1st offender in 2013 for a family violence misdemeanors, can I now I use it retroactively?

I'm in a strange position, because of the family violence misdemeanors I'm not able to have a firearm, but I'm not a felon and there isn't a clear path to restore those rights. Pardons are for felons, so I can't go that route. When I was convicted my Lawyer never told me... View More

Jermario L Davis
Jermario L Davis
answered on Sep 30, 2022

In short, the time that the law gives you to petition the court to withdraw your plea has expired. (Hence, the law is not on your side) As such, you would need a prosecutor/solicitor to consent to a withdrawal in order for sentence to be undone. Thereafter, the judge would have to accept the... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Georgia on
Q: Is it possible for the trial judge to have a old classmate in the jury in a murder trial without it being a conflict?
Jermario L Davis
Jermario L Davis
answered on Sep 30, 2022

In and of itself, I don't see there being a problem with a juror being an old classmate of the judge. The primary consideration for a juror to be seated is whether or not he/she is able to be fair and impartial under the present circumstances. If the juror was an old classmate of the... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: Should a sentence be recompiled if the charge which caused the revocation is dismissed due to prosecutor's negligence.

I was charged with felony obstruction of an officer for throwing liquid out of a cell.I proclaimed my innocence and there was 3 other cells that could have done it.A year later the charged was dismissed as I had statements from the perpetrator that he had done it.

Jermario L Davis
Jermario L Davis
answered on Aug 29, 2022

The short answer is No. The proof needed to revoke your probation is much lower than that which is required to convict you of a crime. This means, a prosecutor may have enough evidence to violate your probation but not enough evidence to convict you of the crime that led to the petition to... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: What code could I argue in ga.if an officer blatantly lies in a statement that assisted in my arrest And I have proof?

The officer said that the victim who is my fiancé emailed him the ring footage when, in fact, he emailed them to his self, without her permission without her knowing. And I have a ring footage that shows him emailing them to his cell with the timestamp from the email from my fiancé as well as... View More

Jermario L Davis
Jermario L Davis
answered on Aug 16, 2022

The primary issue you bring up here is the officer's credibility. In other words, whether the Judge or a jury should trust testimony provided by him. Unless there is evidence that the officer tampered with the footage or modified it in some way, the fact that he lies about the way in which... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: What can we expect from an elderly Vietnam veteran threatening to shoot a doctor over the phone?

This involves an elderly disabled veteran in cronic pain frustrated over a doctor's perceived as incompetent

Jermario L Davis
Jermario L Davis
answered on Aug 10, 2022

Assuming that the incident is reported to law enforcement, the actual charge(s) will come down to the exact statement made to the alleged victim. Based on the info that you have provided, this individual could be charged with the offense of Terrorist Threats. There are two types of terroristic... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: In Georgia do Felony Probation warrants expire? Or can you refer me to statue code.
Jermario L Davis
Jermario L Davis
answered on Jul 6, 2022

No, probation warrants do not expire automatically.

Once a probation warrant is issued, the courts generally have to issue an order recalling the warrant for it to go away. However, because probation is limited in time, the probation officer would need to ask the Court to issue a tolling...
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1 Answer | Asked in Criminal Law for Georgia on
Q: Question about TRAFFICKING IN COCAINE, ILLEGAL DRUGS, MARIJUANA, OR METHAMPHETAMINE charge.

If you receive this charge, are you being charged with trafficking in ALL these substances? Why wouldn’t you receive a separate trafficking charge for each offense?

Jermario L Davis
Jermario L Davis
answered on Jun 27, 2022

No. That is just the name for that section which covers multiple substances. The arrest warrant will specify the exact drug/substance that the defendant is accused of trafficking. Unless there are multiple charges for trafficking, the defendant is only being charged with one of the substances.

1 Answer | Asked in Criminal Law for Georgia on
Q: Can I have my fingerprints or DNA expunged from CODIS and state database upon completion of conditional discharge?

Controlled substance possession 2015. Sentenced to 3 years conditional discharge felony probation in 2017. Completed in 2020.

Jermario L Davis
Jermario L Davis
answered on Jun 27, 2022

The general rule is that your DNA is only captured and placed in CODIS if you are convicted of a felony offense. Because you pled under the conditional discharge statute, no conviction occurred. Therefore, your DNA should not have been placed in the system (unless (1) a petition was filed, (2)... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: If a drug wasnt found on person during traffic stop can that person be charged with possession??
Jermario L Davis
Jermario L Davis
answered on Jun 6, 2022

The short answer is yes. Keep in mind that it takes a lower standard of proof to charge a person (probable cause) than it does to convict someone of a crime (proof beyond a reasonable doubt). Furthermore, there are different types of possession...physical possession, constructive possession,... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: In Georgia 2010 I was charged and convicted for possessing ten dollars worth of cocaine. Can i get the charge expunged?

I want my gun rights back.

Jermario L Davis
Jermario L Davis
answered on Jun 6, 2022

As a general rule, convictions cannot be expunged in Georgia. Of course, there are some exceptions whereby the defendant may be allowed to withdraw a plea and be resentenced as a first offender or under the conditional discharge statute, if he or she was eligible to do so when the plea/conviction... View More

1 Answer | Asked in Criminal Law and Probate for Georgia on
Q: Can I be convicted for flee and illuding motor vehicle with no video no
Jermario L Davis
Jermario L Davis
answered on May 10, 2022

Yes. Evidence can be admitted by way of video or verbal testimony. Therefore, the officers involved in the traffic stop could simply testify to what took place (what they observed) and it would be up to the judge or jury to determine if that verbal testimony is credible. As you might imagine,... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: I submitted a previous question of 90 day bond. What if the probation violation is from the charges for 90 day bond
Jermario L Davis
Jermario L Davis
answered on May 3, 2022

Not quite sure that I understand your question. That being said, if you charged with a crime while on probation. The new charge(s) will trigger a probation violation which is a separate issue that you will have to resolve in addition to those new charge(s). Furthermore, if you are in custody for... View More

1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: Yes my fiance is incarcerated in ga for a technical violation the prisons are already overcrowded what can I do

He only had a technical violatiol

Jermario L Davis
Jermario L Davis
answered on Apr 29, 2022

Technical violations carry up to two years in prison -- if a defendant is revoked. The fact that prisons are crowded is generally not a factor that the courts consider in determining a defendant's sentence. Your best move is to hire a good criminal defense attorney or seek the services of... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: What is the best way to take care of a 4th degree forgery check before your arraignment can it be paid beforehand
Jermario L Davis
Jermario L Davis
answered on Apr 29, 2022

It may be in your best interest to speak with an attorney prior to trying to resolve on your own. The problem with simply paying is that you could still be convicted of the offense. Hence, resolving the bad check does not mean that the crime was not committed. Therefore, the prosecutor could... View More

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