If he was arrested for Theft by Receiving Stolen Property, the State will need more evidence than just possession of a stolen gun. Case law in Georgia is quite clear on the fact that people buy and sell guns individually and often; therefore, there must be actual evidence that the person... View More

This essentially means that the charges on the indictment are not a result of an arrest warrant. Where the general procedure is for a law enforcement agency to perform an investigation, execute an arrest warrant and then provide the prosecuting agency with their file. The prosecutor then reviews... View More

Based on what you have stated, there appears to be probable cause to search. While open air K-9 sniffs and alerts can be attacked on many levels such as K-9 training records, past false alerts and improper signaling; the fact that drugs were found inside the vehicle drastically diminishes that... View More

Stalking can involve more than just in person contact. It depends on the context of the stalking. If it is based on allegedly following a person and you have an alibi for the time of the alleged contact, then you should be able to combat the case successfully. I would suggest that you hire an... View More

I am not sure what your question is. Is there a special condition of probation that you remain employed?

Unfortunately I do not believe there is any criminal conduct since the relationship began when your son was 16. I do share your concern and it would likely be best for him to leave that situation.

It depends on whether you were actually the subject of the warrant or you have been mistaken for the person on the warrant. There should be some additional information such as DOB, height, weight, etc. The name issue can be cured by issuing a new warrant with the correct name.

I presume your Uncle's address is next door and not your address. Did you give the officer consent to search and/or look for your Uncle in your home? Do you have your disposition showing that you successfully completed your First Offender sentence?

If they "restricted your record" that means that most people cannot see the arrest. You can file an expungement to have it completely taken off of your record. To determine if the arrest still shows up on your criminal history, go to any police precinct and they will run your criminal... View More

Presuming that you successfully complete your sentences you will not have an adjudication of guilty on any felony cases and your record should be restricted. Once everything is completed, you can run a criminal history at any police precinct to see if the arrests have been taken off your record.... View More

There is a statute in Georgia for attempt that includes attempted murder.

What, specifically, is your question about this statute? Are you asking about what factors the parole board considers for grant or denial of parole?

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... View More

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... View More

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... View 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... View More

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... View More

Depending on the type of case, it could be a Motion for New Trial or a Motion to Withdraw Guilty Plea.

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... View More