Yes, legally there is a difference, since (a) and (b) under the statute have different elements for cruelty to children in the first degree. Once you are arrested, the prosecutor evaluates the evidence to determine how and what charges you are indicted for. Afterwards, the indictment is the formal... View More

It depends. You can always petition/motion the Court to terminate your probation early. The chances of prevailing will depend on several factors, including the circumstances that led to your "no early termination" condition (i.e., was it a "standard" condition outlined in your... View More

This is a question best asked to a criminal defense attorney, who can investigate further into the specific details of your case. Possession of marijuana (less than an ounce) is a misdemeanor in Georgia, punishable up to 12 months in jail and/or $1,000 fine. In addition, it can trigger an automatic... View More

It sounds like the DA directly indicted you on additional charges (i.e., you were not arrested on those charges but they are new charges arising out of the same incident). Unfortunately, in that situation, you can be arrested on those new charges. Unless the DA had a specific reason/basis to seek... View More

Most likely, yes. Your person and/or purse can be searched incident to arrest without a warrant.

I recommend you speak with a criminal defense/traffic attorney about your case. It seems you have some mitigating circumstances that could help you obtain a favorable resolution, but there are many other factors that can have an impact on your case. Best of luck.

As a first offense, the maximum punishment for misdemeanor theft by shoplifting (valued at less than $500) may include up to 12 months confinement in jail, $1000 fine, and/or restitution. However, I recommend you speak with a criminal defense attorney (or your appointed attorney) to get the best... View More

Short answer: is it possible? Yes - willfully and knowingly making a false report of a crime is a misdemeanor pursuant to O.C.G.A. § 16-10-26.

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... View 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... View 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... View 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... View 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... View 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.... View 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... View 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... View 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... View 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... View 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... View More