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 »
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 »
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 »
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 »
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
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 »
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 »
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 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 »
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?
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 »
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 »
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 »
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 »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.