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Questions Answered by Tracy S. Reeves Jr.
1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: My boyfriend recently got arrested in georgia for theft by bringing stolen property in another state.

He didn't know the gun he bought was stolen, so now he's in trouble for it. Any advice for me?

Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Apr 5, 2021

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... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: If the grand jury calendar shows special presentment under the case, what does this mean?

The officer is GBI and under charged the calendar says special presentment

Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Mar 16, 2021

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... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: Questioning the legality of a search of a passengers purse

Hello,

A friend of mine and his wife were stopped by a K9 unit officer for a decorative hitch cover. The officer said it obstructed the view of his license plate. The officer asked for permission to search the vehicle. My friend told him "no" so the officer asked him and his wife... Read more »

Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Mar 4, 2021

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... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: i was arrested for stalking and i had absoultly no contact with the person and i filled a report prior to the arrest

this person has targeted me and my wife continually i had cctv footage showing i never left the house when offered to police they would not accept it and i have never been warned to stay away or no contact never been in a relationship either im married

Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Feb 18, 2021

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... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: I had back surgery in December and still on doctors orders not to return to work. My fmla is running out.probation

Will this violate probation

Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Feb 16, 2021

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

1 Answer | Asked in Criminal Law, Employment Law and Sexual Harassment for Georgia on
Q: 17yr old son moved in with his 31-year-old supervisor w/o permission. What Georgia laws could this woman be breaking?

I am a Kansas resident and my son was until I let him finish out last year of HS in Georgia with his grandmother on a power of attorney. He hasn't been living with her for the last six months or so and she failed to tell me and lied about it when I asked until I had proof. I'm concerned... Read more »

Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Feb 9, 2021

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.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Georgia on
Q: If the name in my arrest warrant is not my name is that warrant invalid?
Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Feb 8, 2021

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.

1 Answer | Asked in Criminal Law for Georgia on
Q: Probation come looking for my uncle at his residence witch is next door to me . he wasn't home. Police then came to my h

I told my uncle's probation officer he was not there and they asked me to tie my dog as i was out of their sight the police officer claimed he searched my house and found drugs and my grandfathers gun . I was then took to jail. . I didnt know what I was being charged with until my bond... Read more »

Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Feb 8, 2021

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?

2 Answers | Asked in Criminal Law and Municipal Law for Georgia on
Q: If my case was “Nolle Prosequi”, will my arrest still show on a background check?

I was arrested for a misdemeanor shoplifting charge in Georgia in 2020. I completed a Pretrial diversion program and was granted Nolle Prosequi. The municipal court mentioned something about a restricted record. Will my arrest show up? Is there any way to check? I want to be able to have a clean... Read more »

Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Feb 4, 2021

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... Read more »

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1 Answer | Asked in Criminal Law for Georgia on
Q: How to get gun rights back on first offenders and conditional discharge?

In one county final charge was theft by taking(felony) was sentenced to 3 years probation on first offenders.

Different county final charge was possession of morphine(felony) was sentenced to 3 years probation ran concurrent to the first under conditional discharge.

Once all is... Read more »

Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Feb 4, 2021

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.... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: Is there a attempt murder charge in he state of gas got charged with a crime that they don't have it here in ga
Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Jan 28, 2021

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

1 Answer | Asked in Criminal Law for Georgia on
Q: code 42-9-42 could you explain this o.c.g.a.
Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Jan 13, 2021

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

2 Answers | Asked in Criminal Law and Divorce for Georgia on
Q: What do I do if someone is accusing me of criminal trespass and property damage?

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 »

Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Jan 11, 2021

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 »

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1 Answer | Asked in Criminal Law for Georgia on
Q: How long does a misdemeanor stay active until it expires

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?

Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Jan 4, 2021

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 »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: Do I have to have a lawyer to file the retro first offender motion?

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.

Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Jan 4, 2021

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.

1 Answer | Asked in Criminal Law for Georgia on
Q: I've had prior violent charges like riot penal institution and simple assault

I need convicted of riot in penal institution simple assault and now I got into fight with roommate she attacked me and pressed charges

Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Jan 4, 2021

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 »

2 Answers | Asked in Criminal Law and Child Custody for Georgia on
Q: My brother is charged with false imprisonment and denied bond
Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Dec 15, 2020

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 »

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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: If a lawyer claims he or she was ineffective at trail how dose that help a person who was sent to prison for nothing

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

Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Dec 14, 2020

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 »

2 Answers | Asked in Criminal Law for Georgia on
Q: What is another name for a motion to set a side its misdemeanor court, Thanks
Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Dec 14, 2020

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

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1 Answer | Asked in Criminal Law for Georgia on
Q: Yes I'm trying to find out if someone was incarcerated and as a result missed a court date what do I need to do

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

Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Dec 1, 2020

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 »

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