My ex husband is saying I broke his window, stole his money and I'm terrorizing his family. I havent done any of the things he is accusing me of. I keep my location on my phone and it shows I was on the other side of town when he says the broken window happened. He also told police I beat his... Read more »
You may want to explore seeking a Temporary Protective Order that would keep your husband from making any threats or harassing you. This can be done by going to the Superior Court in the county that your ex husband resides and requesting an Ex-Parte TPO. This means the judge will listen to your...Read more »
I went to prison(2016) before I went to court for 2 misdemeanors after bonding out a year (2015)earlier and when released from prison 4 years later (2020)I was released to the jail and bonded back out (9/2020) and now have court again in February .I thought misdemeanors expired after 2 years?
The Statute of Limitations to bring charges of misdemeanors is two years; however, there are certain exceptions and limitations. Law enforcement has two years from the date of the alleged misdemeanor to bring formal charges. This means a criminal arrest warrant or an accusation filed with the...Read more »
I was charged with a felony entering auto in 2009 and was tryin to get it taken off my record for a better job. I Was curious if it is something I could do on my own or If I have to get an attorney to do the process.
I would always recommend retaining an attorney for any criminal matter. An attorney will be able to draft the proper motion and prepare the proper arguments for retroactively treating your conviction under the First Offender Act.
There is not enough information here and I am unsure what your question is, exactly. I presume you would like to know if your prior convictions will be used against you. The short answer, is yes, most likely. The State almost always seeks to introduce evidence of prior acts; such as prior...Read more »
The grant or denial of a bond depends on several factors: risk of fleeing or failing to appear in court; significant threat to any person, community or property; risk of committing a felony while on bond; and risk of intimidating witnesses. In examining these factors, the Judge will consider a...Read more »
I'm sitting in prison with life cause someone say I kick somebody in the neck and made them die from a UTI from a unclean catether cause they didn't chip on a fifth of liquor and they got me sitting in prison for something that never happened
Ineffective Assistance of Counsel is a common issue on appeal where the appellant (the one appealing the conviction) asserts that there is a high likelihood that the outcome at trial would have been different, but for the ineffective counsel. Your rights to an appeal are time sensitive so it will...Read more »
Yes it's charged from 9 years ago have been incarcerated in California at the time the court date came up now after being released from California and coming back to Georgia he was arrested for failure to appear in trying to figure out what I need to do to get him out
You can provide the Court with proof of incarceration in California at the time of the Georgia court date. I typically file a motion for bond contemporaneously with a motion to dismiss the bench warrant and attach the proof of incarceration to the motions. Sometimes you can provide it to the...Read more »
My friend was sentenced to the RSAT program on 10/20 but they're not shipping anyone off due to COVID. He wants to know can he file a motion of modification. Since his time doesn't start until he gets there.
You would need a valid, legal reason to file a motion for modification of sentence. If the reason is that the sentence will be longer than anticipated, it likely will not be granted. There is often a waiting list for RSAT and most people wait for months to get a bed in the program. If the RSAT...Read more »
My boyfriends exwife took out a criminal trespassing warrant on us because she got mad at him when he dropped off the kids. I wasn't there and was at work but my name was on it too. Can she do that? Can I press charges for this?
Hi. My juvenile daughter was arrested in March 2020, fingerprinted, mugshot taken, and released to my custody then. No information was provided then about why arrest or what the charges were. Then, in October 2020, we get a charge letter+ arraignment date in the mail. Was his right to a speedy... Read more »
The simple answer is no; his right to a speedy trial was not violated. That right becomes ripe once the case is indicted or accused. At that time the accused must assert his or her demand for a speedy trial.
I would request that you call me to discuss. Your question is unclear as to whether you mean the charges are 17 years old or the charges are for your 17 year old child. It also depends on what circumstances are surrounding the shoplifting charges and if it is a felony or misdemeanor.
It doesn't seem fair that Dekalb Co police department doesn't have to answer before a judge on the probable cause that they had for my arrest because I chose to pay bond and seek my freedom until I prove my innocent during a trial. Seems to me as if that's a cover up for a possibly... Read more »
The preliminary or probable cause hearing is for the Magistrate Court to determine if there is sufficient probable cause for the charges and therefore sufficient probable cause to keep you in custody. You have a right to a probable cause hearing while in custody, but not necessarily if you have...Read more »
I was charged with violating family violence order an have yet to go to court for stalking charges. I got a dui 2 weeks later. I am just wondering about how the probation an the sentencing dynamic will play out after the dui sentencing. As well as any advice on "stalking by communication"... Read more »
If you are on probation for the DUI and that act was committed after the violation of the family violence order, then the prior offense cannot be used to violate your probation for the DUI. Generally, stalking must involve "harassing or intimidating" communications. If there is...Read more »
While it is sometimes possible to obtain certain items prior to indictment, the State has no legal duty to provide discovery material until the formal indictment has been filed. In my experience most prosecutors will have discovery at arraignment or within 10 days of arraignment.
I would need additional information to properly answer the question. There are time limitations regarding appeals and motions to set aside certain rulings. Depending on the case, Judges need to specify the legal grounds for their findings and rulings.
You can call the local nonemergency line or take it to your local precinct. Leave it in your vehicle prior to entering and let them know you found the firearm and where. They can run the serial number to see if it is registered. They will also need to take "test fires" to compare...Read more »
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