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.

In regards to... View More

Deputies don't have the authority to drop charges. Only a DA or a solicitor would have the authority to make such a promise.

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... View More

The short answer is yes. Shoplifting revolves around the intent of the defendant. As such, if you conceal the item, that is enough to charge you with shoplifting even if you do not exit the store.

In general, shoplifting is a misdemeanor if the retail value of the item(s) is $500 or... View 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... View 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... View More

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... View More

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... View 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... View 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... View 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... View 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... View 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... View More

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... View 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... View 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 -... View 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.

With that said,... View 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... View 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... View More