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.
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...Read more »
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... Read more »
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...Read more »
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...Read more »
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...Read more »
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.
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)...Read more »
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,...Read more »
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...Read more »
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,...Read more »
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...Read more »
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...Read more »
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...Read more »
Based on the information that you provided, he would be entitled to a 90-day bond. However, this does not mean that he will automatically be given a bond. His attorney would need to file a petition for bond and argue to the court that he meets the requirements of 17-7-50.
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 »
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