In Georgia, a 12 year old can not be punished for a crime. O.C.G.A. § 16-3-1 states: A person shall not be considered or found guilty of a crime unless he has attained the age of 13 years at the time of the act, omission, or negligence constituting the crime.

This statute allows for a... View More

This would be very fact dependent. Most importantly, was there a specific sign prohibiting Parking on the Grass?

I would take a look at O.C.G.A. § 40-6-203, because it lumps stopping, standing, and parking a vehicle into one category in subsection (a). This doesn't destroy your... View More

I would need more context to understand exactly what is going on. However, this may be Early Termination under SB105. SB 105 helps individuals who no longer need to be on felony probation move on with their lives.

Here is a quick breakdown of SB105. Take a look and see if this applies to... View More

To answer your first question: No. Once your probation has officially ended, you cannot be "violated" for actions you took while on probation; your probationary period is over, and you are no longer subject to its conditions, even if a violation occurred during that time.

However,... View More

The fact that you hit the vehicle in front will generally generate a following too close charge regardless of the circumstance. However, this does not mean it is what you need to plead guilty to.

From my experience, your best success will come from hiring a local attorney that handles... View More

Just because a county elected not to pick you up on a warrant, does not mean the warrant goes away. If you are stopped by the police and they find a warrant from a different agency, typically they will hold you and inform the issuing agency. It is then up to the agency that has the warrant to... View More

This will likely come down to a policy of the specific drug court. I understand that this doesn't get you a solution, however, this will be a difficult situation to navigate.

Without understanding the full context of the situation, it would be difficult to give you my best advice for... View More

I would recommend you speak with a lawyer. There are a few different charges associated with a driver not stopping after an accident and the police frequently issue citations under the wrong code. Importantly, this is not Hit and Run because it was a fixed object that was struck. Importantly, Hit... View More

You will normally get this through the traditional discovery process. This would be done by filing a motion with the court and serving the solicitor. While the timing doesn't guarantee you will receive it before Arraignment, the court understands that you likely don't yet have access to... View More

The specific language used in the indictment is very important. Flaws within the indictment can significantly impact the outcome of the case. For example, if challenged and the indictment fails to properly allege the crime, the entire case must be thrown out regardless of the evidence. Depending on... View More

I believe you are asking what will happen at his first court date. This will generally be Arraignment. At this court date, the judge will formally read the charges to him and he will enter his initial plea of guilty or not guilty.

I would strongly recommend that he speak with an attorney... View More

This is a very serious charge that will have long-term implications. He needs to find a skilled attorney to help him navigate the system. While punishment is extremely harsh, should he be convicted, there are several options available to him to help protect his future.

First, we would need... View More

I am very sorry to hear of your circumstance. I can only imagine how stressful this must be during this time of year. Based on what you are describing, it sounds like you have a very strong defense to the criminal case. Ask the court how you can apply for a court-appointed attorney. Depending on... View More

There are several concerns here. You are absolutely correct, if you are charged with a crime (including DUI: Drugs) you have an absolute right to a jury trial. Additionally, Drug Court, like all accountability courts, is an optional program. If you would prefer to keep your case in the traditional... View More

This will be dependent on the specifics of the charges. Generally, an attorney will be able to investigate the charges and work to coordinate the best next steps. Sometimes the police haven’t gotten a warrant and the case can be resolved with no arrest. Others, there may be a warrant but we can... View More

There is a lot that can be done in a situation like this. First, if the tag office has conceded that your registration was valid then the prosecutor should work with us to drop that charge. Next, I have dealt with several cases that involved my client delaying there stop so as to find a safe and... View More

These are obviously very serious charges, however, it sounds like you have a very valid case of innocence. Sadly, it is not uncommon for the police to cast their net too large and round up individuals who have not committed a crime. You need to find a defense lawyer that you trust to work through... View More

There are some organizations that specialize in providing assistance in these types of situations. The Atlanta Volunteer Lawyer Foundation has a website with helpful information: https://avlf.org/get-help/landlord-tenant-disputes/

It sounds like you have a valid argument against this charge. To give you an informed response, a lawyer would need to review the dashcam video and better understand the context of the situation. We would be able to get the dashcam through discovery and fight to have the charge dropped.

You should look for a lawyer to help you negotiate with the prosecutor. If you have insurance now, you can likely avoid both jail and a license suspension.