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.
I am out on bond in jourdanton Tx, I lost my job do to the covid 19 virus unfortunately. My bonds person still wants me to pay 250$ a week and I've paid a lot already. I just got another job but they told me if I don't pay 500$ By 4 pm today further action will happen and they will pull... Read more »
Last summer (2019), I hired an expungement lawyer to have my criminal record restricted. I was eligible for record restriction as the charges from my 2015 arrest were dismissed. I am a new hire to the school district and am concerned about what shows up on me after my fingerprinting and my criminal... Read more »
If you want to know what has been revealed you should run a copy of your own criminal history with a law enforcement agency for employment purposes and see what shows up. Often times there are errors when the records are input into the system.
The charges were dismissed and no knowledge of charges were found out until after 1 month and during that time we found out a warrent was placed for their arrest that been standing for w whole month without any knowledge of it. Is that legal?
Unfortunately probably yes. If the case was dismissed at a preliminary hearing the DA can still present the case to a grand jury for indictment. If the grand jury declined to indict the first time the DA is allowed to present it a second time. If the grand jury declines to indict a second time...Read more »
Yes you can. If first offender sentence was successfully completed and terminated there should be no impediment to buying a firearm. If you get rejected based upon the background check you need to check your criminal history to see if the Sate followed up and terminated the case in GCIC to close...Read more »
His sentence is under the 17-10-7(c). And the defendant never was notified of his sentence being controlled by this code. And for 9 years he was pic and parole eligible until his parole month. Are they legally able to do this? He wasn't indicted or convicted in court under this statue
If the inmate was originally sentenced to no parole by virtue of the recidivist statute OCGA 17-10-7(C) then he is not eligible for parole. I would pull a copy of their original sentence and the transcript from the sentencing hearing to see what was put on the record. If the person pled guilty...Read more »
My fiancé was recently arrested for probation violation. He was homeless prior to been put on probation. He was ordered to complete 100hrs of community service (Which he completed) and take anger management class which he couldn’t afford do to his living situation at the time. He requested a... Read more »
If he is in custody awaiting trial he can 1) post a bond to be released or petition the court to set a bond if he is being held without bond 2) enter a non-negotiated guilty plea and ask the court for a lower sentence, which might involve time served, 3) plead not guilty and awaiting his trial,...Read more »
A woman was sexually abused in prison, and the claim is legitimate, as reported by a reliable news source. Can she mention the accused by name, without actually accusing them again. In other words, she is telling her story. One of the accused perpetrators has a history of this type of behavior, but... Read more »
She can tell her story but she may be sued for slander, i.e. falsely accusing another of a criminal act. Of course, truth is a defense and she would be entitled to a trial on the issue of veracity of her statements.
I live in Georgia and i am trying to renew my green card. The attorney i am using wants to know the final outcome of the conviction before they move forward with my green card paperwork. This is not my first time applying for a green card since the conviction.
I am assuming you are trying to obtain release of a inmate based upon the recent COVID pandemic. Habeas is not the correct vehicle to use. If the person is in custody and you are seeking an early release then the parole board would be the entity you would contact to show the health risks that the...Read more »
I have no idea what a Code 648B is? I would ignore anything you received by phone. If it is a law enforcement investigation they will certainly provide you their name and contact information if they wanted to talk to you about an investigation. Do not give out any personal information.
Self defense can be used to defend property in limited circumstances.
Code § 16-3-24 (2018)
(a) A person is justified in threatening or using force against another when and to the extent that he reasonably believes that such threat or force is necessary to prevent or terminate such...Read more »
I was convicted of simple assault, dui, and possesion of marijuana under an ounce. I was sentenced to 3 years probation to run consecutively. All my paperwork indicates they are all misdemeanors. The assualt is not hightened or domestic in nature. There is no provision in my probation paperwork... Read more »
Maybe. Only felony convictions prohibit you under Georgia Law to possess or purchase a firearm, except if you were convicted of a misdemeanor crime of domestic violence as defined by federal law. Your simple assault charge may prevent you from possessing a firearm depending upon the circumstances...Read more »
on probation. He was already a felon and got caught with a gun that wasn’t his. Is there anyway the case can be reopened if I speak up because he didn’t know the gun was in the car and it wasn’t his it was my deceased grandfather I put it in the car to get rid of it
If the individual who was found or pled guilty to the firearms charge wants to challenge their conviction they would need to withdraw their guilty plea, or file an appeal, or file a habeas petition challenging the validity of the underlying conviction. It can be difficult, and expensive to try to...Read more »
Generally not, a horse is a moving vehicle and capable of traveling on the roads. If you received a ticket from law enforcement regarding this incident I would encourage you to speak with a lawyer about it. As far as a nosy neighbor, usually you can just ignore them.
I was a victim of sexual assault about a year ago. I have struggled with this for a while, and now want to pursue legal action against the assailant. Should I pursue civil or criminal charges? And how involved would I personally have to be in either process (appearing in court, deposition,... Read more »
You can pursue both options at the same time. In order for the criminal matter to proceed you would need to report the matter to the law enforcement agency in the jurisdiction where it occurred. For a civil case you would need to file a lawsuit in the county where the assaulting party lives. I...Read more »
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