Questions Answered by David Edward Boyle

Q: My son was charge with 16-5-1 with( c ).what the c mean . And they charged him with 16-5-24-1340.

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Answered on Oct 21, 2018
David Edward Boyle's answer
Subsection C is felony murder, a death occurs as a result of a felony.

Q: I need lawyers in ga that do pro bono

1 Answer | Asked in Criminal Law for Georgia on
Answered on Oct 18, 2018
David Edward Boyle's answer
That would be the public defenders office in the jurisdiction where you have charges pending.

Q: Does your office do pro bono

1 Answer | Asked in Criminal Law for Georgia on
Answered on Oct 18, 2018

Q: What is a criminal attempt to commit 316

1 Answer | Asked in Criminal Law for Georgia on
Answered on Oct 18, 2018
David Edward Boyle's answer
That is not a crime. There is a general provision of attempt to commit a crime which is sometimes entered into the GCIC in lieu of what crime was attempted. The computer printout is not definitive and you would want to look at what the arrest warrant says.

Q: Granddaughter charged with 16 7 1 and 16 7 20 both felonies. Arrested while in someone’s house. Will she go to prison.

1 Answer | Asked in Criminal Law for Georgia on
Answered on Oct 18, 2018
David Edward Boyle's answer
If she is convicted of burglary at trial she will likely receive prison time. I would encourage you to hire an attorney in the jurisdiction where she is on trial.

Q: How in Georgia can you be charged with 11 counts of misdemeanor transaction fraud? I can not seem to find the answer.

1 Answer | Asked in Criminal Law for Georgia on
Answered on Oct 15, 2018
David Edward Boyle's answer
Each time you use the credit card it can constitute an additional offense.

Q: If you are charged with a misdemeanor theft by taking more than once can you get it taking off your record

1 Answer | Asked in Criminal Law for Georgia on
Answered on Oct 15, 2018
David Edward Boyle's answer
If the charges ended in a dismissal the arrest is automatically restricted off your record, no matter how many times you are charged, unless it meets one of the narrow exceptions contained in the code.

Q: When someone turns themself in and charged with theft by taking- cell phone outside- bail has been paid what comes next

1 Answer | Asked in Criminal Law for Georgia on
Answered on Oct 15, 2018
David Edward Boyle's answer
Once you bail out you are waiting on a court date. The matter will be referred to the prosecutor for a decision about whether the case can be proven beyond a reasonable doubt. You should 1.) hire a lawyer to represent you, 2.) abide by any conditions of bond, 3.) go about your life. Some cases take months and even over a year for the prosecutor to make the decision.

Q: What if you found a item in your house and ask did anyone know who it belong to and no one knows so you pawn not knowing

1 Answer | Asked in Criminal Law for Georgia on
Answered on Oct 15, 2018
David Edward Boyle's answer
You can be prosecuted for theft of lost or mislaid property, or theft by receiving stolen property is you knew or should have known the item was stolen. If you knew the item was not yours then it was someone else's and you could face prosecution. Whether the state can prove your guilt beyond a reasonable doubt is another question. I suggest hiring a lawyer.

Q: When looking at my crimial history in the state of ga it says 372 first offender act sealed. What does that mean?

1 Answer | Asked in Criminal Law for Georgia on
Answered on Oct 15, 2018
David Edward Boyle's answer
First offender act when successfully completed does not operate as a conviction on your record and cannot be used as a basis to deny you a job. If an order was filed subsequent to its completion or at the time it was entered the matter may be sealed in the court clerks office.

Q: If my husband babymother (child he had iutside our marriage) is always talking bad about me and our kids what do we do?

1 Answer | Asked in Criminal Law, Communications Law, Internet Law and Libel & Slander for Georgia on
Answered on Oct 15, 2018
David Edward Boyle's answer
You have the power to end the situation. You can change your email and create a new facebook profile that is not public. If she is a pain in the ass just ignore her and cut her off from communication. If there is an active custody case between your husband and her there is usually a clause in the court order that prohibits harassing communication. Your husband may have the ability to take her to court for contempt.

Q: Im facing a dwi charge in ny. Will georgia extradite me back there

1 Answer | Asked in DUI / DWI for Georgia on
Answered on Oct 15, 2018
David Edward Boyle's answer
Georgia will not extradite you to NY for a NY charge, the question is whether NY will ask GA to arrest you and hold you for NY to pick you up. If the DUI is a misdemeanor it is very unlikely. However, this problem will not resolve itself and generally will only get worse over time. At some point you will no longer be able to renew your driver's license. You may be arrested multiple times on the NY warrant in GA for failure to appear in NY, which will result in a temporary hold on you each...

Q: Can a police department arrest you take you in custody, you have a seizure they release you arrest you again after care?

1 Answer | Asked in Criminal Law for Georgia on
Answered on Oct 15, 2018
David Edward Boyle's answer
Yes, she can temporarily be left in the care of medical professionals until she is well enough to be returned to custody.

Q: Is it legal to be arrested and charged with possession of methamphetamines if it was not found in your position

1 Answer | Asked in Criminal Law for Georgia on
Answered on Oct 9, 2018
David Edward Boyle's answer
You can be charged with possession if the State can show there is probable cause that you possessed the methamphetamine. This can be by direct or circumstantial evidence. Just because they can charge you does not mean they will convict you.

Q: If you receive a no bill indictment, is the court required to send you and/or your attorney notification of this?

1 Answer | Asked in Criminal Law for Georgia on
Answered on Oct 9, 2018
David Edward Boyle's answer
There is no legal obligation for the State to mail you a copy of a no bill indictment. Additionally, the grand jury process is secret and the State does not notify your attorney that they were planning on presenting the case to the grand jury.

Q: Is it leagal to charge and arrest a person for statute16-13-30(a) if it is not found in their possession

1 Answer | Asked in Criminal Law for Georgia on
Answered on Oct 9, 2018
David Edward Boyle's answer
Possession of drugs can be proven by circumstantial or direct evidence. The possession can also be actual possession or constructive possession and it can be sole or joint possession. For example, you have illegal drugs in your pocket, that would be actual, sole possession. By contrast you could be in someone else's vehicle and there might be illegal drugs in the center console, that would be constructive joint possession, however you would have a good defense that you did not know the...

Q: Can I still be charged if I give the car back § 16-9-51 - Destruction, removal, concealment, encumbrance, or transfer

1 Answer | Asked in Criminal Law for Georgia on
Answered on Oct 9, 2018
David Edward Boyle's answer
Can you be charged, of course. The real question is can you be convicted. It is unlikely that the title pawn company can lay out a strong enough case to show that the vehicle was intentionally hidden to avoid paying the debt.

Q: I'm on first offenders act if I violate probation will they bring back all my original charge or just wut I pled guilty2

1 Answer | Asked in Criminal Law and Probate for Georgia on
Answered on Oct 9, 2018
David Edward Boyle's answer
A violation of the First Offender Act can only result in a revocation of the sentence for the charges that you pled guilty to. The Court cannot recharge you with crimes that were dismissed in your earlier plea.

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