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Questions Answered by John Kim
2 Answers | Asked in Criminal Law for Georgia on
Q: Is there a statchue of limitations in GA for crossing guard lines
John Kim
John Kim
answered on Apr 13, 2022

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 »

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2 Answers | Asked in Health Care Law and Personal Injury for Georgia on
Q: My son was choked in the hospital by staff, what can I do?

I had to scream for the guy to stop choking my child, the hospital tried to keep me from reporting the incident

John Kim
John Kim
answered on Apr 13, 2022

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).

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1 Answer | Asked in Criminal Law for Georgia on
Q: Can I carry my gun with no permit

Purchased a gun I want to carry it for my own protection

John Kim
John Kim
answered on Mar 22, 2022

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 »

2 Answers | Asked in Child Custody, Criminal Law, Domestic Violence and Federal Crimes for Georgia on
Q: How can a lawyer prove someone is not guilty of child cruelty ?
John Kim
John Kim
answered on Mar 19, 2022

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 »

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1 Answer | Asked in Criminal Law for Georgia on
Q: Is there a certain amount of feet that you have to stay away from the person
John Kim
John Kim
answered on Mar 18, 2022

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 »

1 Answer | Asked in Criminal Law for Georgia on
Q: Can you get out of prison early if you have a split sentence in GA?
John Kim
John Kim
answered on Mar 16, 2022

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 »

1 Answer | Asked in Personal Injury for Georgia on
Q: I was shot on a hotels property. How do I find out who the suburban extended stay on abercorn st. Savannah,Ga

How do I find out who their property insurance is

John Kim
John Kim
answered on Mar 4, 2022

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 »

1 Answer | Asked in Personal Injury for Georgia on
Q: If I purchase a transmission from a auto place and I paid for it cash and they did not deliver on it .

And they will not refund my money what do I do

John Kim
John Kim
answered on Feb 28, 2022

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 »

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: My daughter is 22 years old and is incarcerated 2 counts of poss of meth...she is currently on felony probation in anoth

Another county for 2 poss of meth charges.....will she go to prison

John Kim
John Kim
answered on Feb 28, 2022

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 »

1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: in the state of georgia you are out on a property bond for criminal charges do you lose your 4th amendment right

the po;ice say you have no more rights they can search without a warrant anytime they want

John Kim
John Kim
answered on Feb 28, 2022

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 »

1 Answer | Asked in Criminal Law for Georgia on
Q: If someone is indicited for a crime but tried by a jury for a crime not in the indictment and convicted,legal or no
John Kim
John Kim
answered on Feb 28, 2022

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 »

1 Answer | Asked in Criminal Law for Georgia on
Q: My sister was arrested for THEFT BY RECEIVING STOLEN PROPERTY- FELONY for a car I believe in Gwinnett county Georgia.

Additional charge.

ACQUIRING LICENSE PLATE FOR PURPOSE OF CONCEALING IDENTIFICATION OF MOTOR VEHICLE

What type of sentence comes with these charges? Looking for lawyer to help with case.

John Kim
John Kim
answered on Feb 28, 2022

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 »

1 Answer | Asked in Criminal Law for Georgia on
Q: Can an inmate who is taking a plea deal for first offense child molestation ask for the first offender act?
John Kim
John Kim
answered on Feb 28, 2022

No - under Georgia's First Offender Act, a person found guilty of or entering a guilty plea to certain offenses (such as child molestation) are disqualified from being sentenced as a first offender.

1 Answer | Asked in Criminal Law for Georgia on
Q: How can I get my criminal case moved to another jurisdiction
John Kim
John Kim
answered on Feb 28, 2022

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 »

2 Answers | Asked in Criminal Law for Georgia on
Q: I have a slip an fall lawyer but she took my obstruction of an officer case should I get me a criminal lawyer
John Kim
John Kim
answered on Feb 28, 2022

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 »

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1 Answer | Asked in Criminal Law and Family Law for Georgia on
Q: Can a magistrate judge file a warrant for me using printed fb comments my wife printed from a fake profile she saidimade

She applied for a warrant and had printed comments from fb that she said I had made during the hearing with no proofimadeit

John Kim
John Kim
answered on Dec 15, 2021

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 »

1 Answer | Asked in Criminal Law for Georgia on
Q: How can I get my case,dockets number in Lowndes County so I can file a out of time habeas corpus
John Kim
John Kim
answered on Dec 15, 2021

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.

2 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Can you purchase a firearm with a domestic misdemeanor charge?
John Kim
John Kim
answered on Dec 15, 2021

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 »

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1 Answer | Asked in Criminal Law for Georgia on
Q: Will you go to jail on theft of property in the fourth degree second offense

Second offense

John Kim
John Kim
answered on Dec 15, 2021

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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