If you were convicted of a felony you lose your right to possess a firearm under GA and Federal law. The only way to get that reinstated is to receive a pardon with restoration of rights or to apply for retroactive first offender.
What do I have to prove the court think I kicked someone and cause acute sci and you can't get that type of injury from a kick they say that cause him to get a uti from a unclean catether and die and they charge me with murder for something that can't happen
Georgia made a decision in Davis v. State affirming his conviction due to star decisis in Hines v. State, 249 Ga. 257 (1982), concerning Brady. Since that decision the US Supreme Court have stated that impeaching evidence which must include evidence that the police did not turn over to the... View More
It is hard to answer without knowing the formal disposition, was it a successfully completed First Offender or Conditional Discharge? If it was then all of your rights are restored including the right to possess a firearm.
I am not sure of your question. A court can deny bond if they believe the defendant is a threat to flee the jurisdiction, obstruct or intimidate witnesses, or is a danger to the community or a risk to commit a felony. Hire a lawyer to represent your brother.
There is no requirement that you receive written notice to stay away from a private business. You can be charged with criminal trespass if you return. The State will have to prove that you have previously been told to stay away and a verbal notice can count.
If you have a bench warrant for missing a court date I would encourage you to get with your lawyer and appear in court on any court day to ask that the warrant be recalled. The longer your absence the harder it is to correct.
If you have 3 prior shoplifting convictions then the 4th shoplifting is a felony, and you are facing a 1 year mandatory prison sentence. Whether the prior convictions count against you is a legal matter and many convictions can be barred from being used. Contact an attorney in your area.
I was charged with felony shoplifting in 2004, I think I was arraigned but never sentenced. No next court date came in the mail. In 2016 a warrant was issued for my arrest and I was arrested and given 7 years probation. Was this legal? Or should there had been a "reasonable" time to... View More
The statute of limitations is the time period from the date of the crime to the date the prosecutor files an accusation or indictment. It does not mean the time period until the case is completed. For most felony offenses the time period is 4 years.
Yes, only a conviction for a felony or a domestic violence misdemeanor disqualify you from possessing a firearm. If you apply for a carrying concealed license and you are rejected the probate court is supposed to provide you with a copy of your criminal history that disqualifies you. Many times...View More
Uturn to tell him he couldn’t park where he was parked then he went on to ask him for his license and he told him to sit in the car he proceeded to do so his license came back good only for the officer to tell him he smelled marijuana well my boyfriend complied and told him there was marijuana in... View More
The answer is it depends. Not sure based upon these facts about whether it was a consensual encounter or not and whether the officer observed the Defendant driving the vehicle. I would encourage him to consult with a lawyer for a more detailed analysis.
You need to check your criminal history information to see if the First Offender has been marked as successfully completed so that it does not appear in your employment based background check. If probation does not submit the order closing it, or the clerk's office does not transmit it to...View More
Is it Ga law that someone is to have a revocation hearing within 60 days from the arrest date or the case is to be dismissed for lack of speedy trail as this is a violation of someone sixth amendment right, also that a person can only be held for a total of 180 days before they have to be released
No and no, there is no set statutory time period for a person to have a probation revocation hearing. It must be within "a reasonable time". There is no speedy trial for revocation. The 180 days to be released I believe has to do with interstate detainers not probation revocations.
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