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Questions Answered by Tracy S. Reeves Jr.
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 »

1 Answer | Asked in Criminal Law for Georgia on
Q: If someone was sentenced to the RSAT program but they're not shipping due to COVID can they file a motion for less time

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.

Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Nov 18, 2020

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 »

2 Answers | Asked in Criminal Law and Arbitration / Mediation Law for Georgia on
Q: Can I get a criminal trespass notification if I wasn't at someone's house or involved in a situation.

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?

Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Nov 18, 2020

It appears as though you have a defense to the criminal trespass. Depending on the circumstances, she could be charged with filing a false police report.

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1 Answer | Asked in Criminal Law for Georgia on
Q: Juvenile Procedure Question

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 »

Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Nov 16, 2020

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.

1 Answer | Asked in Criminal Law for Georgia on
Q: How can I get my 17 yr old shoplifting charges drop?

Walmart shoplifting charges

Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Nov 16, 2020

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.

1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: In Dekalb Co GA why does a defendant by default waive rights to a probable cause hearing when being bonded out of jail?

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 »

Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Nov 12, 2020

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 »

2 Answers | Asked in Criminal Law for Georgia on
Q: If I am on probation before a prior, separate charge has went to court. Will that violate that probation?

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 »

Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Nov 9, 2020

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 »

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2 Answers | Asked in Criminal Law for Georgia on
Q: Can I pay with payments each week?

I really need a lawyer before January 5th I don’t have the money upfront but I can guarantee I will have it before trial which is Jan 5th 2021

Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Nov 8, 2020

Yes. You can pay a retainer and the rest in installments. What type of case and in what county?

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1 Answer | Asked in Criminal Law for Georgia on
Q: In the state of Georgia must the defendant be indicted on charges before obtaining discoveries?

Must the case be brought before a grand jury in Dekalb County GA before the defendant and their legal counsel can obtain the discoveries regarding the accusations?

Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Nov 6, 2020

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.

1 Answer | Asked in Criminal Law for Georgia on
Q: Should there be a limitation on motions, regarding Rulings
Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Nov 5, 2020

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.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Georgia on
Q: found gun in middle of road in georgia, how do i report it make sure its not stolen, or been involved in crim
Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Nov 5, 2020

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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