Questions Answered by David Edward Boyle

Q: What can happen to my 12 year old who is charged with child molestation in Georgia?

1 Answer | Asked in Criminal Law and Juvenile Law for Georgia on
Answered on Aug 11, 2018
David Edward Boyle's answer
Your twelve year old's case will be handled in juvenile court and will not be required to register.

Q: Recently charged with four counts of nuisance animal and harsh penalties have been applied to where I can't have animals

1 Answer | Asked in Criminal Law and Animal / Dog Law for Georgia on
Answered on Aug 11, 2018
David Edward Boyle's answer
Any penalty imposed would be limited in time to the maximum time allowed under the law which for ordinances may be 60 days or 6 months. But you would need to check the city or county ordinance where you live.

Q: friend was convicted in ga of armed robbery 20 years do 15 he has been in jail for 8.5 years is ther a chance to parole

2 Answers | Asked in Criminal Law for Georgia on
Answered on Aug 11, 2018
David Edward Boyle's answer
Armed Robbery sentences are not eligible for parole by law pursuant to OCGA 17-10-6.

Q: My wife called cops after I turned around and she was bent over and I accidently numbed into her with my leg and she

1 Answer | Asked in Criminal Law for Georgia on
Answered on Aug 7, 2018
David Edward Boyle's answer
You didn't ask a question. I would recommend hiring a lawyer in the jurisdiction where you were arrested. A family violence conviction can result in a permanent ban on possessing a firearm.

Q: Can a person be charged with forgery of a financial credit card if they never used it

1 Answer | Asked in Criminal Law, Identity Theft and White Collar Crime for Georgia on
Answered on Aug 7, 2018
David Edward Boyle's answer
Possession of a forged card is a crime if there was intent to defraud someone. The use of the card is an additional crime of financial transaction card fraud, also a felony.

Q: I had went jail for a false stament to a cop. I have a felony charge.

2 Answers | Asked in Criminal Law for Georgia on
Answered on Aug 7, 2018
David Edward Boyle's answer
You need to hire a lawyer to represent your interest to avoid jail and having a felony on your record.

Q: How do I get my last felony conviction expunged

3 Answers | Asked in Criminal Law for Georgia on
Answered on Aug 7, 2018
David Edward Boyle's answer
You cannot get a conviction expunged. If the case was a first offender case it does not count as a conviction. If you were eligible for first offender, and you were not offered it there is an ability to go back an get first offender retroactively.

Q: Is it possible to get only probation for this type of case if it’s a first offense?

1 Answer | Asked in Criminal Law for Georgia on
Answered on Aug 6, 2018
David Edward Boyle's answer
You are likely to receive probation, but if it is a first offense you should be seeking to have the case handled in the diversion program and dismissed. You need to prevent having a felony on your record.

Q: I was arrested on criminal trespass. I rent and am listed on the Lease. They only damage was to our kitchen table.

1 Answer | Asked in Criminal Law for Georgia on
Answered on Aug 6, 2018
David Edward Boyle's answer
Under GA law, if you damage property belonging to another (i.e. your wife) you can be charged with criminal trespass. If you intentionally damage jointly owned property you must have permission of all of the owners. The law is an odd one in your situation. While you can be charged it does not mean you will be prosecuted and/or convicted. Many folks are arrested for the charge to defuse the situation and prevent any further escalation. Obviously someone called the police because of it.

Q: Is an inmate convicted of armed robbery eligible for parole now in Ms

1 Answer | Asked in Criminal Law for Georgia on
Answered on Aug 6, 2018
David Edward Boyle's answer
Armed Robbery is not a parole eligible offense in Georgia.

Q: Can the judge help the state?

1 Answer | Asked in Criminal Law for Georgia on
Answered on Aug 6, 2018
David Edward Boyle's answer
Not improper, many times the judge has to make sure the testimony will not bring up improper things, like a prior arrest of the accused, that the jury cannot hear so they do a practice run outside the jury's presence. If the witness answers do not bring up inadmissible information than the witness can testify in front of jury. If testimony brings up inadmissible testimony than the witness is given instructions on what he can say to avoid the inadmissible testimony. If the witness messes up,...

Q: If you have a warrant for arrest in another state and you get picked up on a fugitive of justice warrant, how long can

1 Answer | Asked in Criminal Law for Georgia on
Answered on Aug 6, 2018
David Edward Boyle's answer
Georgia will hold the person until Alabama provides a governors warrant to Georgia. They have 60 days and can get an additional extension. The only issue to be decided is whether the person in custody is the person that Alabama is looking for. If the arrested person waives extradition it goes faster. The arrested person can also file for bond on the extradition warrant.

Q: I have filed for a motion of contempt. However the opposing party filed for a motion for dismissal. Will my case b heard

1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Answered on Aug 3, 2018
David Edward Boyle's answer
If the TPO is dismissed what would the other party be in contempt? If the party changed the TPO after it was issued by the court it sounds like forgery would be the appropriate criminal charge and contact law enforcement to make a report.

Q: a contractor (plumber took money for work promised to but never did, he will not return the money to me.

1 Answer | Asked in Criminal Law for Georgia on
Answered on Aug 3, 2018
David Edward Boyle's answer
You can apply for a warrant for theft by conversion for the failure to do any work, and/or file a civil case in small claims court to sue for the return of the money.

Q: I was arrested on criminal trespass. I rent and am listed on the Lease. They only damage was to our kitchen table.

1 Answer | Asked in Criminal Law for Georgia on
Answered on Aug 3, 2018
David Edward Boyle's answer
Under GA law, if you damage property belonging to another (i.e. your wife) you can be charged with criminal trespass. If you intentionally damage jointly owned property you must have permission of all of the owners. The law is an odd one in your situation. While you can be charged it does not mean you will be prosecuted and/or convicted. Many folks are arrested for the charge to defuse the situation and prevent any further escalation. Obviously someone called the police because of it.

Q: Gun license put on hold, need some guidance

2 Answers | Asked in Gov & Administrative Law, Criminal Law and Family Law for Georgia on
Answered on Aug 3, 2018
David Edward Boyle's answer
Ask for the probate judge to issue a ruling on the license application, if denied then file an appeal. I would also recommend getting a copy of your criminal history from both states to see if something is inaccurate on your history that can be corrected.

Q: I'm trying to see if i can do Georgia's first offenders and continue to take care of kids without going to jail?

1 Answer | Asked in Criminal Law for Georgia on
Answered on Aug 1, 2018
David Edward Boyle's answer
First offender does not guarantee you the option of not going to jail. A judge can sentence a person to 10 years in prison under the first offender act. I would encourage you to hire a lawyer and explain all the facts and circumstances of your case to best advise you and to negotiate on your behalf.

Q: Its Cruelty to children 1st degree. Dcfs has returned her home I have completed everything and she back home

1 Answer | Asked in Criminal Law for Georgia on
Answered on Aug 1, 2018
David Edward Boyle's answer
Is that a question? I am not sure of what answer you are seeking.

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