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2 Answers | Asked in Criminal Law for Georgia on
Q: I was sentenced for a DUI . I caught a trafficking charge related . Can the trafficking charge be dismissed ?

I was sentenced to dui and speeding upon the same act I caught a trafficking in cocaine charge which is still pending . Can the trafficking charge be dismissed because of double jeopardy ?

Alexia Dawn Davis
Alexia Dawn Davis answered on Aug 1, 2019

Possibly. The law on double jeopardy turns on what information was known to the prosecutor at the time the case was prosecuted. It is best to hire an attorney who is familiar with the different levels of prosecution and to evaluate the facts to the determine how closely connected the DUI arrest... Read more »

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1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: can an old case from almost 14 years ago be use in a new felony case?

my brother was brought up on new felony charges they have brought in people from his old case from almost 14 years ago. he was on a adult website thought he was talking to another adult and come to find out it was a child under 16 he did not know it was a child till after the fact has been charged.

Alexia Dawn Davis
Alexia Dawn Davis answered on Jan 16, 2019

Evidence from old cases can sometimes be used to establish certain elements in a current case. The rules of evidence related to similar transactions or prior bad acts are very specific. The guidance of a knowledgeable attorney is important to ensure that the evidence is not improperly admitted... Read more »

1 Answer | Asked in Juvenile Law for Georgia on
Q: Can a 17 year old date a 22 year old? And what's legal in terms of sexual activity in Georgia??
Alexia Dawn Davis
Alexia Dawn Davis answered on Jan 16, 2019

The age of consent in Georgia is 16 years old. Persons who engage in sexual activity with children under the age of 16 can be charged with a host of offenses including child molestation, statutory rape, and aggravated child molestation. As long as parties older than 16 years old consent in the... Read more »

2 Answers | Asked in Criminal Law and Federal Crimes for Georgia on
Q: If you are charged with 3 possession charges & only plead guilty to 2 are they able to be combined as one plea?

Bf was released Apr2017 after 7y in prison (Burgulary) He was arrested again Apr2018 on a pv & 3 poss charges (pleaded guilty to 2 & not guilty to 1-Meth) NOTE: he told them 2 was his & he wasn’t aware that the other was in the car of someone who was bringing him home. Still charged, charges was... Read more »

Alexia Dawn Davis
Alexia Dawn Davis answered on Jan 16, 2019

The court looks to the number of different indictment or accusation numbers for the purposes of recidivist sentencing. Although one indictment may have multiple counts, it is still considered one conviction. If the different charges each have their own indictment numbers, they are different... Read more »

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2 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: If i have probation violation whats the most that they can impose on punishment with new charges from diff county.

And i had probation violation there and i was bonded out on the new chargers

Alexia Dawn Davis
Alexia Dawn Davis answered on Aug 21, 2018

The amount of time that can be revoked on the old case is dependent upon several factors. One of the driving factors, is the terms of the original sentence. If the original sentence was under the First Offender Act or had special conditions attached to it, new charges could result in a full... Read more »

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