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Questions Answered by Serge Jerome Jr.
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.

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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.

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