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Questions Answered by Anthony Kozycki
1 Answer | Asked in Criminal Law and Juvenile Law for Georgia on
Q: Will a 12 year old gets punished if his mother is involved with his spying and those spying group are criminals
Anthony Kozycki
Anthony Kozycki
answered on Dec 18, 2024

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...
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1 Answer | Asked in Criminal Law and Traffic Tickets for Georgia on
Q: County says no parking on grass state says no parking standing stopping unless unloading or loading of people or propert

State law doesn't consider you parked if unloading or loading of people 1goods but County says can't park on grass ????? Can I park on grass if I'm loading unloading???

Anthony Kozycki
Anthony Kozycki
answered on Dec 18, 2024

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...
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1 Answer | Asked in Criminal Law for Georgia on
Q: I had a felony first offender probation of 5 years(2019). Got notice my CS obligation was terminated after 3 yr. Means?

This was after 3 years of probation with no violations and on non report. Did that mean my probation got terminated early also?

Anthony Kozycki
Anthony Kozycki
answered on Dec 18, 2024

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...
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1 Answer | Asked in Criminal Law for Georgia on
Q: Can south carolina issue a Vop warrant after your probation ended and clan the extridite you from ga if the 1st part an
Anthony Kozycki
Anthony Kozycki
answered on Dec 18, 2024

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,...
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1 Answer | Asked in Traffic Tickets for Georgia on
Q: how should plead sitting at traffic light and release foot off pedal reach down to remove the dog toy near the pedal a

and there was no injury no damage done yet received a follow too close ticket there was no follow just sitting how should I plead in court ?

Anthony Kozycki
Anthony Kozycki
answered on Dec 16, 2024

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...
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1 Answer | Asked in Criminal Law for Georgia on
Q: Pending warrant from another county. Never got picked up from jail. Released after 7 days. What to do now? No charges!

Hello I brought weed into a prison while visiting my friend got caught in a county 3+ hours away from home. Was out in jail next county over never was booked,charged, or finger printed. Was released after 72 hours with no bail and no judge or court visit. Sent home with no papers of future court... View More

Anthony Kozycki
Anthony Kozycki
answered on Dec 16, 2024

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

1 Answer | Asked in Criminal Law for Georgia on
Q: do drug court coordinators have a timeframe to answer a complaint on a participant

I was threatened by a person in drug court and filed a complaint and it’s been over a week now and haven’t heard anything back from the coordinator

Anthony Kozycki
Anthony Kozycki
answered on Dec 16, 2024

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...
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1 Answer | Asked in Traffic Tickets for Georgia on
Q: While backing up (very slowly) in a parking garage, I hit a fire extinguisher box. I thought I had backed into a pillar.

I didn’t think to get out of my truck and check for damage. I thought, at most, I would have a dent in my fender. Two days later, the Atlanta PD called. I’m being charged with hit and run. What should I do?

Anthony Kozycki
Anthony Kozycki
answered on Dec 10, 2024

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

1 Answer | Asked in Traffic Tickets for Georgia on
Q: Is there any way to get a copy of the dashcam and bodycam videos associated with my citations before my arraignment?

Is there any way to get a copy of the dashcam and bodycam videos associated with my citations before my arraignment? I asked the officer who cited me if he had dashcam video, and he did. I was able to view the dashcam video at that time and believe it is exculpatory. He told me to file an ORR... View More

Anthony Kozycki
Anthony Kozycki
answered on Dec 9, 2024

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

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Georgia on
Q: OK my son was indicted on a seven count indictment how should indictment with two party's be worded

The indictment is word as is are charged as party and party to the crime but does not say which is which is this flawed

Anthony Kozycki
Anthony Kozycki
answered on Dec 9, 2024

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

1 Answer | Asked in Criminal Law for Georgia on
Q: What would happen to 18 year old who is going to court

Manufacturing/deliver/Distribute/Administer/Sell/P

ossess w/ Intent to Distribute C.S.

Possession and Use of Drug Related Objects

He has never been in trouble before

Anthony Kozycki
Anthony Kozycki
answered on Dec 9, 2024

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...
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1 Answer | Asked in Criminal Law for Georgia on
Q: What happens to 18 yr old charged with sale of fentanyl

Manufacturing/deliver/Distribute/Administer/Sell/P

ossess w/ Intent to Distribute C.S.

Possession and Use of Drug Related Objects Was his charged he has never been in trouble before

Anthony Kozycki
Anthony Kozycki
answered on Dec 9, 2024

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...
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1 Answer | Asked in Landlord - Tenant and Criminal Law for Georgia on
Q: Can I sue my Landlord for wrongful eviction and false imprisonment

My twins played in paint on the floor in my kitchen. My landlord unexpectedly showed up the next morning and saw the paint, we had a disagreement and he walked out. I came home from work the next day for lunch break and there was a folder in my door that contained an eviction notice. I cleaned the... View More

Anthony Kozycki
Anthony Kozycki
answered on Dec 9, 2024

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

2 Answers | Asked in DUI / DWI for Georgia on
Q: How is it legal for an officer to stop a DUI suspect and determine he’s under drugs and make him go to a drug court

Isn’t the sixth amendment the right to a jury of your peers?

Anthony Kozycki
Anthony Kozycki
answered on Jan 2, 2025

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

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1 Answer | Asked in Criminal Law and Family Law for Georgia on
Q: I want turn myself in for a false report due to my mental illness. What will be my outcome or my steps?
Anthony Kozycki
Anthony Kozycki
answered on Dec 27, 2024

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

1 Answer | Asked in Criminal Law and Traffic Tickets for Georgia on
Q: I want to know the chances I have of getting my charges dismissed.

I am an RN and i got pulled over after work due to “expired tags”. I was on a dark road during being pulled over so I waited while driving slowly to the nearest gas station. I’ve never been pulled over before so i was scared and didn’t know to put on my hazards. my tags were never expired,... View More

Anthony Kozycki
Anthony Kozycki
answered on Dec 27, 2024

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

1 Answer | Asked in Criminal Law and Employment Law for Georgia on
Q: I need an attorney to defend me and get me cleared of all charges of something I didn’t do and had nothing to do with

I was charged with lying to an officer, cruelty to children all because I took my girlfriend and her son to the doctor. Her son father gave the baby alcohol and I didn’t know it. I was in the police academy at the time and they fired me and arrested me for taking him to the hospital without any... View More

Anthony Kozycki
Anthony Kozycki
answered on Dec 16, 2024

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

1 Answer | Asked in Criminal Law and Landlord - Tenant for Georgia on
Q: Pausing or overturning an eviction, currently facing felony charges damages that don’t exist

My landlord is evicting me for damages to my apartment and past due rent. I have lived in my apartment since April of 2020 and haven’t had to pay rent due to my apartment being income based. The damages was washable paint my 4 year old twins got on the floor that I cleaned up. I’ve been... View More

Anthony Kozycki
Anthony Kozycki
answered on Dec 10, 2024

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/

1 Answer | Asked in Traffic Tickets for Georgia on
Q: What are my chances of successfully having a citation for violating ocga 40-6-44 thrown out?

I live in Georgia and was ticketed in the City of Atlanta for violating ocga 40-6-44. However, I was not attempting to pass or overtake anyone. I was simply making a left hand turn, and there were no oncoming cars within several hundred feet. The officer simply told me that I didn't wait my... View More

Anthony Kozycki
Anthony Kozycki
answered on Dec 10, 2024

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.

1 Answer | Asked in Traffic Tickets for Georgia on
Q: Will i go to jail or get my LD suspended? Or just pay a fine? was stopped and was given 2 citations for not having insur

I have never been stopped I hardly drive and honestly i was not financial stable to get car insurance for my car. Car now has car insurance btw.

Anthony Kozycki
Anthony Kozycki
answered on Dec 9, 2024

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.

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