In general, the statute of limitations for prosecution of any felonies (except for murder, felonies punishable by death or life imprisonment, and certain felonies involving use of DNA evidence) is four years. Crossing guard lines pursuant to O.C.G.A. 42-5-15 would fall under this category. Best of...Read more »
In addition to reporting the incident to law enforcement, you may want to speak with a personal injury attorney to evaluate the viability of your son's tort claim (if there were damages/bodily injury).
The guidelines for carrying and possessing firearms in Georgia is outlined in O.C.G.A. 16-11-126. Unless you fall under one of the excepted persons (i.e., judge, law enforcement, etc.) or under one of the excepted circumstances (i.e., legal hunting with a valid hunting license, unloaded handgun in...Read more »
This is a very broad question - it may help if you tailor your question a little bit more to receive better responses. However, in general, a lawyer will use all the evidence in the case to provide the best defense for his/her client. This can be achieved through various ways (i.e., communications...Read more »
I presume your question is regarding protective orders. In Georgia, there is no statutory requirement for the specific measurement/stay-away distance that should be followed when the Court grants a protective order - it is at the discretion of the Court. The Court may likewise impose additional...Read more »
Any person may be eligible for parole based on various factors (i.e., nature of charges, good behavior, etc.), but it up to the Georgia Board of Pardons and Parole. Parole eligibility likewise applies to the confinement portion of a split sentence. However, there are limited exceptions where a...Read more »
I highly recommend you speak with a personal injury attorney about your case (nearly all of us offer free consultations). There are many considerations that go into a premises liability/negligent security case that an attorney would best be able to navigate to obtain a just outcome for your case....Read more »
If you are unable to resolve the issue with the auto shop outside of court, you could pursue your claim in magistrate court (aka "small claims" court). Magistrate courts are, by design, established to provide a speedy and efficient venue to resolve monetary disputes under $15,000 for...Read more »
Unfortunately, it will be impossible to get a definitive answer to your question. The main issue with your daughter's situation is that she will need to resolve her new drug charges while also resolving her [inevitable] probation violation/revocation in another county. I would recommend you...Read more »
Generally no, but it depends. Normally, being out on bond does not invoke a Fourth Amendment waiver (versus being on probation or parole, which does). However, a Fourth Amendment waiver can be made a condition of your bond. If so, you would need to go before the Court (i.e., have your attorney file...Read more »
Although your question is a little unclear, I believe you may be referencing lesser included offenses. For example, a person that was indicted for aggravated assault may be found guilty of simple assault (i.e., the lesser included offense) by a jury. It is indeed legal and is often a strategy...Read more »
The statutory framework that govern penalties for theft offenses in Georgia is somewhat convoluted. However, in general, there is a progressive sentencing guideline based on the value of the subject of the theft. For felony theft by receiving offenses, the low end would be 1-5 years if the value...Read more »
There is no choice of venue for criminal cases - venue lies with the county within with the alleged crime(s) occurred. In terms of jurisdiction, the only caveat would be if the alleged crime(s) violates federal law, which would then be prosecuted before the governing federal district court (rather...Read more »
As Mr. Levin stated, there are many attorneys that handle cases across multiple practices areas. Although there are many considerations that go into deciding on your attorney (i.e., experience, skill, communication, cost, etc.), you should select the attorney that you feel confident will be able to...Read more »
If your wife filed for a private warrant application, then you should receive notice of the hearing, where you will have an opportunity to cross-examine any witnesses, view/challenge any evidence, and defend yourself. It is very important that you attend, otherwise it is likely the Court will only...Read more »
Your best option is to contact either your attorney (if you were represented) or the clerk's office, who can provide you with that information. However, if the statute of limitations has expired, unfortunately, you likely have little recourse to file your writ of habeas corpus. Best of luck.
Unfortunately, no. While Georgia law does not explicitly prohibit it, federal law prohibits you for purchasing, possessing, or transporting firearms if you have been convicted of a family violence/domestic misdemeanor. A remedy you may pursue is to seek a pardon from the Georgia Board of Pardons...Read more »
If there is an active warrant out for a theft charge, then yes, you will be arrested and booked into the jail. There are many different theft charges in Georgia, both misdemeanors and felonies. There will likewise be many different considerations on whether or not you will have a bond (i.e., if...Read more »
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