Questions Answered by David Edward Boyle

Q: Summoned to court for driving w/o US license but had out of country Lc. What will happen to illegal in Augusta ga?

1 Answer | Asked in Traffic Tickets, Criminal Law, DUI / DWI and Immigration Law for Georgia on
Answered on Feb 26, 2019
David Edward Boyle's answer
Hire an attorney in Augusta who handles traffic tickets and who can probably appear in your husband's absence.

Q: Yes what is the sentence with harassment communications? Please tell me something cause I have court March 3rd

1 Answer | Asked in Criminal Law and Communications Law for Georgia on
Answered on Feb 26, 2019
David Edward Boyle's answer
Harassing phone calls is a misdemeanor in Georgia for each call made.

Q: My daughter was put in jail on failure to appear and bondsman off bond which is 750.00 and there saying her time year sh

1 Answer | Asked in Criminal Law for Georgia on
Answered on Feb 26, 2019
David Edward Boyle's answer
If the bondsmen came off the bond then her current bond is still valid and you just have to re-post it. If she didn't appear and was arrested on a bench warrant you need to file a motion to recall the bench warrant or to ask the court to re-address the bond.

Q: If a builder sells us a new house can he use someone else's signature without telling us or noting it in the contract?

1 Answer | Asked in Contracts, Criminal Law and Real Estate Law for Georgia on
Answered on Feb 26, 2019
David Edward Boyle's answer
It depends if he is authorized by a power of attorney to sign for someone else. If the home sale went through without a problem, do you have any damages?

Q: My husband used his company's credit card for personal use. The total ended up being close to 5000.

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Answered on Feb 26, 2019
David Edward Boyle's answer
Felony theft by taking, and financial transaction card fraud. He could be looking at some jail time and a felony on his record. I would encourage him to speak to an attorney.

Q: I’ve been charged with a hit and run however i haven’t hit anyone or been contacted about it from police in 2 days.

2 Answers | Asked in Criminal Law for Georgia on
Answered on Feb 26, 2019
David Edward Boyle's answer
Hit and run is a misdemeanor unless someone was injured then it is a felony.

Q: How is it that someone is sentence to life for felony murder and four twenty years sentence for aggravated asalut be .

1 Answer | Asked in Criminal Law for Georgia on
Answered on Feb 15, 2019
David Edward Boyle's answer
Depending upon when they were convicted a life sentence is eligible for parole after 14 years, or 21 years, or 30 years.

Q: 1st time misdemeanor charge of 16-13.32.2 18 y.o college student do I need a lawyer

1 Answer | Asked in Criminal Law for Georgia on
Answered on Feb 15, 2019
David Edward Boyle's answer
It is a misdemeanor offense that will remain on your record forever if you enter a guilty plea to the charges. I would recommend you consult with an attorney to explore defenses and alternatives to a conviction on your record. Drug offenses can result in the loss of financial aid.

16-13-32.2 Possession of a drug related object (a) It shall be unlawful for any person to use, or possess with the intent to use, any object or materials of any kind for the purpose of planting,...

Q: What evidence is required to arrest for shoplifting?

1 Answer | Asked in Criminal Law for Georgia on
Answered on Feb 15, 2019
David Edward Boyle's answer
In order to be arrested there must be probable cause to believe you committed the offense of shoplifting. You can be arrested for shoplifting even if you are innocent. If the arrest was without probable cause you would have ground to sue the store for false arrest.

Q: I have a friend who wants to put a TPO on a guy who keeps harassing her through messages and calls.

1 Answer | Asked in Sexual Harassment, Criminal Law, Civil Rights and Internet Law for Georgia on
Answered on Feb 15, 2019
David Edward Boyle's answer
If he publishes the photos he may face legal consequences under the revenge porn law. O.C.G.A. 16-11-90. It is a 1-5 year felony offense.

Q: Can my 14yr old be charged as an adult in a aggravated sexual battery case he didn't penetrate the victim

1 Answer | Asked in Criminal Law for Georgia on
Answered on Feb 15, 2019
David Edward Boyle's answer
Aggravated sexual battery is the penetration of the vagina by something other than a penis without consent. If the 14 yr old was a party to the offense, i.e. helped in its commission than yes he could be prosecuted even though he didn't penetrate the female.

Q: My son was molested at 13 and 14 but just told me at 18. What do I do?

1 Answer | Asked in Criminal Law for Georgia on
Answered on Feb 15, 2019
David Edward Boyle's answer
You can contact the law enforcement authorities in Michigan in the jurisdiction where it took place. In Georgia the statute of limitations is 7 years from the disclosure or when the child turned 16, which ever occurs first, so it would be a viable case to prosecute until the victim turned 23.

Q: If you are in a probation detention center for violation of probation are you entitled to get credit for time served

1 Answer | Asked in Criminal Law for Georgia on
Answered on Feb 15, 2019
David Edward Boyle's answer
The person sentence in the detention center is calculated by the date they were sentenced to go to the detention center, or when they arrive at the detention center. They get credit towards the overall time of their sentence but not necessarily the time in jail waiting to go to the detention center. The overall sentence never stopped running.

Q: In jail charged with 16-5-70 Cruelty to children-Criminal Negligence/Causes excessive physical/mental pain

1 Answer | Asked in Criminal Law for Georgia on
Answered on Feb 15, 2019
David Edward Boyle's answer
She needs to apply for the services of a public defender if she cannot afford an attorney. If she is in jail one might have already been appointed.

Q: 14year old boy gets a 17 year old girl pregnant what will happen?can the 14year old press charges on the girl

1 Answer | Asked in Criminal Law for Georgia on
Answered on Feb 15, 2019
David Edward Boyle's answer
The 17 year old can be prosecuted for statutory rape. It would be a misdemeanor offense.

Q: I temporarily loaned my van to an associate, with the agreed stipulation that NO one else was to drive it.

1 Answer | Asked in Small Claims and Criminal Law for Georgia on
Answered on Feb 4, 2019
David Edward Boyle's answer
It is not criminal theft but the other party may be responsible for the damages depending upon the terms of your agreement.

Q: 1st time arrested and it was for theft by shoplifting, THEY SAID it was $628. What’s typical in Cherokee Co GEORGIA?

1 Answer | Asked in Criminal Law for Georgia on
Answered on Feb 4, 2019
David Edward Boyle's answer
If you are accused of taking more than $500 it is felony shoplifting punishable from 1-10 years. I would encourage you to hire a lawyer.

Q: If an office enter a home without a search warrant or probable casue, could he testify and be witness

1 Answer | Asked in Civil Litigation, Criminal Law and Civil Rights for Georgia on
Answered on Feb 4, 2019
David Edward Boyle's answer
Yes, he can always testify. Whether the search was illegal such that the results of it can be suppressed are a different inquiry. I would encourage you to hire a lawyer.

Q: Is it illegal to set off a stink bomb to a neighbor in Woodstock Georgia

1 Answer | Asked in Criminal Law for Georgia on
Answered on Feb 4, 2019
David Edward Boyle's answer
I am not sure what you mean by a "stink bomb" If the device meets the legal definition of a bomb then you are going to have a problem. If you just released foul odors into the air it could constitute a crime if it was intentional done to cause harm to others. If it interfered with others ability to use their property it could be criminal trespass.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.