Questions Answered by David Edward Boyle

Q: Yes I’m under 21 and I’m a national guardsmen but I would like to buy a pistol in Ga can I do that?

1 Answer | Asked in Criminal Law, Gov & Administrative Law, Military Law and Probate for Georgia on
Answered on Jan 22, 2019
David Edward Boyle's answer
If you cannot lawfully possess the gun in your home state I would not recommend that you do so.

Q: I am awaiting court in jail for the county I live in , and in a couple of days I have court in another county.

1 Answer | Asked in Criminal Law for Georgia on
Answered on Jan 22, 2019
David Edward Boyle's answer
You should contact the other court to make them aware of where you will be. Persons can be transported to court by the Sheriff when they are in custody in one county and have court in another county. Happens all the time.

Q: Can a charge be upgraded based on the fact that a person was selling drugs over the jail phone without being charged

1 Answer | Asked in Criminal Law for Georgia on
Answered on Jan 22, 2019
David Edward Boyle's answer
If there is evidence of drug dealing based upon recorded phone conversations then yes the State can use that evidence.

Q: What is someone tampers with a dispossession notice on my door? I was sent a certified copy 4 days later from her theft.

1 Answer | Asked in Criminal Law, Federal Crimes and Small Claims for Georgia on
Answered on Jan 22, 2019
David Edward Boyle's answer
I would just respond the dispossessory action and not worry about the notice being stolen.

Q: Can my charges be dropped if I was pulles over for a headlight when it wasnt really put?

1 Answer | Asked in Criminal Law for Georgia on
Answered on Jan 22, 2019
David Edward Boyle's answer
I would suggest you hire a lawyer to file a motion to suppress to have the court rule upon whether the police had probable cause to stop your vehicle. Make them prove the light was out at the time of the stop. If they are unable to do so, then all the evidence that was located after the vehicle was stopped could be suppressed and the State would be unable to prosecute you.

Q: What crime is committed when a person lays in wait and attacks you from behind?

1 Answer | Asked in Criminal Law for Georgia on
Answered on Jan 22, 2019
David Edward Boyle's answer
Aggravated Battery, Aggravated Assault, Criminal attempt to Commit Murder

Q: Can my charges be dismissed?

2 Answers | Asked in Criminal Law for Georgia on
Answered on Jan 22, 2019
David Edward Boyle's answer
If you can show the headlight was working when they pulled you over you can probably get the charged dismissed.

Q: What is involved in resolving a misdemeanor failure to appear charge?

2 Answers | Asked in Criminal Law for Georgia on
Answered on Jan 22, 2019
David Edward Boyle's answer
If you have a failure to appear, there is a warrant for your arrest. If you do not resolve the failure to appear warrant you will always be subject to arrest and will be unable to renew your drivers license and it can be suspended by the issuing state. I would encourage you to hire a lawyer who works in the same jurisdiction as the NC court to help resolve this matter.

Q: Can my sons car be seized as a result of a pending drug trafficking case. He still has payments he doesn’t own the car

1 Answer | Asked in Criminal Law for Georgia on
Answered on Jan 18, 2019
David Edward Boyle's answer
Unfortunately, yes the car can be seized. However the government will have to pay off the loan on the car to get to keep it. The creditors rights trump the government. A forfeiture action can be challenged and often provides access to information faster than in the criminal case. In some cases you are entitled to discovery which allows you to take the depositions of the officers, something you cannot do in a criminal case. I would encourage you to hire a lawyer for your son. Trafficking...

Q: I was beaten viciously by a guy wearing large rings on all his fingers,

1 Answer | Asked in Criminal Law for Georgia on
Answered on Jan 17, 2019
David Edward Boyle's answer
It depends on who started the fight and whether one of you was defending yourself and if anyone reported this to the police. You may also have the ability to sue the other person.

Q: I have been charged with conspiracy to commit a felony even tho I didn’t agree to commit the act

1 Answer | Asked in Criminal Law for Georgia on
Answered on Jan 17, 2019
David Edward Boyle's answer
I would encourage you to hire a lawyer in the jurisdiction where you were arrested. The charge is not going away on its own but you may have some options to avoid a conviction.

Q: A police report was filed against me, accusing me of yelling and causing a scene. It is false. What should I do?

1 Answer | Asked in Criminal Law and Civil Litigation for Georgia on
Answered on Jan 17, 2019
David Edward Boyle's answer
The police report is merely a statement of what the driver told the police. If no charges are being sought against you there is nothing to do.

Q: How long can I get a record expunged I've been off probation 2years

1 Answer | Asked in Criminal Law for Georgia on
Answered on Jan 17, 2019
David Edward Boyle's answer
Georgia does not permit expungement for cases in which you were sentenced. You can only expunge arrests that did not result in a conviction.

Q: After being convicted of theft by deception can I obtain a firearm

1 Answer | Asked in Criminal Law for Georgia on
Answered on Jan 16, 2019
David Edward Boyle's answer
Not if the theft was a felony.

Q: How should I plead to criminal trespassing busted-up girlfriends windshield and worth the severity of it

1 Answer | Asked in Criminal Law for Georgia on
Answered on Jan 14, 2019
David Edward Boyle's answer
Criminal trespass is a misdemeanor offense. It involves damaging someone else's property in an amount less than $500.

Q: I have a question if my husband is convicted of child malestation, sexual battery of a minor under 16 what would be the

1 Answer | Asked in Criminal Law for Georgia on
Answered on Jan 14, 2019
David Edward Boyle's answer
You did not finish your question. Child molestation is a felony punishable from 5- 20 years, Sexual battery upon a person under 16 years of age is a felony punishable up to 5 years.

Q: If you are charged with 3 possession charges & only plead guilty to 2 are they able to be combined as one plea?

2 Answers | Asked in Criminal Law and Federal Crimes for Georgia on
Answered on Jan 14, 2019
David Edward Boyle's answer
You can often resolve guilty pleas on multiple cases to run concurrent, that is at the same time, to avoid additional confinement time. I would encourage him to hire a lawyer.

Q: Is affray a crime of moral turpitude?

1 Answer | Asked in Criminal Law for Georgia on
Answered on Jan 14, 2019
David Edward Boyle's answer
No, affray is a not a crime involving moral turpitude.

Q: Is publics asstiance fraud a felony

1 Answer | Asked in Small Claims and Criminal Law for Georgia on
Answered on Jan 14, 2019
David Edward Boyle's answer
It can be depending on how much money has been unlawfully taken.

Q: I want to become a private detective, but it says I must have no misdemeanors that involve moral turpitude?

1 Answer | Asked in Criminal Law for Georgia on
Answered on Jan 14, 2019
David Edward Boyle's answer
Affray is not a crime involving moral turpitude (think lying, deceit, and dishonest type crimes), you should be fine.

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