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answered on Dec 17, 2020
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
answered on Dec 17, 2020
I am not sure of your question. I would hire a lawyer to appeal the decision of the trial court.
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
answered on Dec 17, 2020
You would file a petition for cert with the U.S. Supreme Court challenging the ruling of the Ga. Supreme Court. It is discretionary with the US Supreme Court to take the case.
When all they had was hearsay at trail with no physical evidence and no proof and I lost
answered on Dec 17, 2020
What weight and credibility to be given to the testimony of any witness is up to the determination of the jury. Hearsay is what a witness said out side of court, testimony is what they say in court.
answered on Dec 17, 2020
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.
He is on parole they tested him in a house with no lights or water instead of at a police station Dtf charged him but not parole what do I do now
answered on Dec 17, 2020
Hire him a lawyer in the jurisdiction where the charges on pending. The test may not be admissible and the charges may be able to be dismissed.
I was released in the hospital and the cop said one would Be issued for me. Problem is, I’m traveling soon and I need to make sure What I need to do.
answered on Dec 17, 2020
Contact the Magistrate Court in the county where the incident occurred and check to see if a warrant was issued. Contact a lawyer in that jurisdiction to investigate the case on your behalf.
answered on Dec 17, 2020
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.
answered on Dec 17, 2020
After a trial, it is a motion for a new trial or appeal, or writ of habeas corpus. After a guilty plea it is a motion to withdraw guilty plea or appeal, or a writ of habeas corpus.
answered on Oct 12, 2020
You can ask the court to appoint you a lawyer if you cannot afford one. You can also attend court and ask the court for a continuance to hire a lawyer.
I was barred because it’s a private store and the owner don’t like my attitude
answered on Oct 12, 2020
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.
From the lawyer or the court. We tried called the lawyer couple but he is always not in the office and they say the going to call us back but they don’t. And now he doesn’t know what to do
answered on Oct 12, 2020
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.
What is the longest jail time that I should serve if they bound it over to superior court
answered on Oct 12, 2020
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.
How to find out if the police had knowledge that drugs were being brought in to the jail prior to the event and allowed it to happen??
answered on Oct 12, 2020
Each jail sets their own rules on the work detail program. There is no set program requirements statewide.
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
answered on Oct 12, 2020
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.
answered on Oct 12, 2020
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
answered on Aug 18, 2020
Yes, anything other than a penis is considered a foreign object under that statute.
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
answered on Aug 18, 2020
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.
Can I get this discharged? And will this allow me a chance to work? Cobb county ga
answered on Jul 20, 2020
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
answered on Jun 5, 2020
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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