Judges are to ensure fairness and stay away from the appearance of impropriety. If you are the defendant and you feel like the Judge's behavior has been unfairly prejudicial, you are right to raise the concern. However, most lawyers and judges know each other and often know each other very... View More

Yes, while a lawyer should give their client as much notice as possible regarding court appearances, it is not the lawyer's responsibility to put the client on notice about Court in criminal cases. The Court issues notices via mail or in Court. The client signs notice for their new Court... View More

The police are allowed a lot of discretion and leeway in the type of charges they bring during an investigative phase. Although the weapons were not found in your vehicle or your possession, since they were found close to the scene of the crime, this is likely why they charged you both with the... View More

As a Defendant, you have a right to discovery. Your public defender, private attorney, or even you (if representing yourself) can receive discovery through a written motion for discovery. There are timelines for when discovery must be provided and the DA is not required to turn over... View More

In Georgia, a judge is required to set a bond on misdemeanor charges (with very few exceptions). Occasionally, higher bonds are issued in misdemeanor cases where a client has a lengthy criminal history- especially if he or she has open cases. Without knowing the specific details of this... View More

Your charges are felonies, so the District Attorney has some time before they are required to indict your matter before you are eligible for dismissal based on lack of prosecution. If you desire to return to military service, occasionally, an attorney can convince the DA to look at the matter... View More

While the initial judge may not give your friend a bond based on his criminal record, an attorney can petition the court to reconsider whether to grant bond. His new charges are eligible for bond, it will just take the right lawyer to convince to prosecutor to arrive at a bond agreement or the... View More

Hi, the officer always has discretion as to the type of charges he or she wants to bring, so in the situation you described, it sounds like your friend was charged with the more serious offense (possession of methamphetamines) and not the misdemeanor (use or possession of drug related objects).

Yes, the officer is considered the prosecutor of the search warrant because he or she is the one presenting the alleged probable cause to the magistrate as they are requesting the issuance of the warrant.

If it was an emergency and they entered to administer aid and while they were there, they saw drugs and a weapon in plain sight, then they have a right to go back to retrieve a search warrant.

You need this answered by a Louisiana barred attorney because they would know the affect of a conviction from that state. If this were a Georgia DUI/DWI, unfortunately it would still be on your record. Georgia is very strict in the ability to restrict convictions, however, Louisiana may not be.

This depends on your case's jurisdiction (the Court from where your matter was discharged). Some courts have their administration track the matters and automatically proceed with record restriction. Others notate the file and await the Defendant's request for record restriction.

If you had no intention to actually flee, the prosecutor may consider dismissing the charge or reducing.

Warrants do not show up on your GCIC in Georgia. Once you turn yourself in or once you are formally apprehended, then the charge MAY show up on your criminal history.

Was he formally indicted? If not, did the state ask for more time?

No, a Judge does not read the discovery documents unless they are filed in the Court or presented as evidence at trial. Simply giving the other side does not automatically mean the Judge receives the discovery.

Family violence does not always mean parties who are a couple or considered family by blood or marriage, although that can be the case. If the person lives with or has lived with the other person, or if the person shares children with the person, this is considered family per the laws of Georgia.... View More

In determining whether a person had the intent to shoplift, the courts will usually look at whether you or the accused passed all points of sale (all registers, cashiers, self-check out, etc.). It depends on where you were in the store when they stopped you.

Bonds in Henry County are generally pretty fair and are similar bonds found in other Metro Atlanta counties. The main issues the judge will look at in determining the amount of bond (if a bond is indeed granted) is whether the individual has a likelihood of violating the law while out on bond and... View More

Failure to maintain lane is a relatively low bar in Georgia. If you crossed either the solid white line on the outside of your lane or the lines between lanes, this could result in a failure to maintain lane citation. This is true whether or not there is an accident.

Discovery (dash cam... View More