Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Serge Jerome Jr.
1 Answer | Asked in Criminal Law and Municipal Law for Georgia on
Q: if you open the door for a officer, is it their right to cover your ring camera without permission?

I was told by an officer, they only cover the ring camera when a person doesn’t open the door for an officer. My ring camera was not covered at the time, but as the search went on the camera was covered .

Serge Jerome Jr.
Serge Jerome Jr.
answered on Mar 29, 2024

That's tampering with evidence and is illegal. You can sue the for a civil rights violation, though your judgment would be nominal without other damages and you can file a motion to suppress any evidence obtained as a result of the search.

1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: Does fourth amendment waiver apply to the garage of a residence if it's not attached to the house?

How does the waiver apply to areas that others are in? And do police have a right to search after an arrest warrant has been executed and person is in handcuffs. Basically me an my boyfriend were in the garage which is a separate building from house. Th police showed up to arrest him on a vop... View More

Serge Jerome Jr.
Serge Jerome Jr.
answered on Nov 28, 2023

It depends on whether he lives there or not. If he lives there than yes it covers the garage if it is on the same property. If the garage is on a separate property or he does not live at the residence than any search of the garage is illegal and anything found in that garage is considered... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: What possible defenses does a defendant have if they did not know that someone they were with had drugs on them?

My brother was caught with drugs while going to the jail for an inmate visit. I had given him a ride but was not privy to the drugs he had with him. When the cops found the drugs on him I was taken on his behalf because he was a minor in my care. What are my defenses?

Serge Jerome Jr.
Serge Jerome Jr.
answered on Nov 7, 2023

If a defendant did not know that someone they were with had drugs on them, they could use the defense of lack of knowledge or ignorance. This defense would be used to show that the defendant did not have any knowledge of, or intent to possess, the drugs. Other possible defenses include duress,... View More

2 Answers | Asked in Criminal Law for Georgia on
Q: If I buy a fake id from someone and they get caught can I get in trouble
Serge Jerome Jr.
Serge Jerome Jr.
answered on Jan 26, 2024

Buying a fake ID in itself isn't the crime but possessing the fake ID is.

View More Answers

1 Answer | Asked in Criminal Law for Georgia on
Q: Is Simple Child Molestation an necessary lesser included offense of Aggravated Child Molestation?

I was convicted of 1 Count of Simple Child molestation and one Count of Aggravated Child Molestation back in 2003 during a jury trial. During the sentencing phase of the trial, I was given 20 years in prison and 20 years consecutive to be served on probation for simple child molestation. I am... View More

Serge Jerome Jr.
Serge Jerome Jr.
answered on Dec 1, 2023

It is if it stems from the same statement of facts as the aggravated. If it's different facts from a different date then it is not.

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.