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Questions Answered by David Edward Boyle
1 Answer | Asked in Criminal Law for Georgia on
Q: I had sale charge in 2006, will I be able to have my charge expunged? I am also interested in my firearms permit back
David Edward Boyle
David Edward Boyle answered on Dec 17, 2020

If you were convicted of a felony you lose your right to possess a firearm under GA and Federal law. The only way to get that reinstated is to receive a pardon with restoration of rights or to apply for retroactive first offender.

1 Answer | Asked in Criminal Law for Georgia on
Q: I already went back for a motion for a new trial and the first lawyer I had told the courts that he was ineffective

What do I have to prove the court think I kicked someone and cause acute sci and you can't get that type of injury from a kick they say that cause him to get a uti from a unclean catether and die and they charge me with murder for something that can't happen

David Edward Boyle
David Edward Boyle answered on Dec 17, 2020

I am not sure of your question. I would hire a lawyer to appeal the decision of the trial court.

1 Answer | Asked in Criminal Law, Civil Litigation and Constitutional Law for Georgia on
Q: How do I file a mandamus on a Georgia Supreme court that rules contrary to US Supreme Court decision concerning Brady.

Georgia made a decision in Davis v. State affirming his conviction due to star decisis in Hines v. State, 249 Ga. 257 (1982), concerning Brady. Since that decision the US Supreme Court have stated that impeaching evidence which must include evidence that the police did not turn over to the... Read more »

David Edward Boyle
David Edward Boyle answered on Dec 17, 2020

You would file a petition for cert with the U.S. Supreme Court challenging the ruling of the Ga. Supreme Court. It is discretionary with the US Supreme Court to take the case.

1 Answer | Asked in Criminal Law for Georgia on
Q: Do the statement of one drunk man mean more then five other people that wasn't drunk tell me how did I lose my case

When all they had was hearsay at trail with no physical evidence and no proof and I lost

David Edward Boyle
David Edward Boyle answered on Dec 17, 2020

What weight and credibility to be given to the testimony of any witness is up to the determination of the jury. Hearsay is what a witness said out side of court, testimony is what they say in court.

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: I have been discharged from a felony that was in 2002 but they just discharged it in 2015. What are my rights?
David Edward Boyle
David Edward Boyle answered on Dec 17, 2020

It is hard to answer without knowing the formal disposition, was it a successfully completed First Offender or Conditional Discharge? If it was then all of your rights are restored including the right to possess a firearm.

1 Answer | Asked in Criminal Law for Georgia on
Q: My husband got a charge of possession by ingesting when they did a pee test

He is on parole they tested him in a house with no lights or water instead of at a police station Dtf charged him but not parole what do I do now

David Edward Boyle
David Edward Boyle answered on Dec 17, 2020

Hire him a lawyer in the jurisdiction where the charges on pending. The test may not be admissible and the charges may be able to be dismissed.

3 Answers | Asked in Criminal Law for Georgia on
Q: How often do arrest warrants happen for a disorderly conduct?

I was released in the hospital and the cop said one would Be issued for me. Problem is, I’m traveling soon and I need to make sure What I need to do.

David Edward Boyle
David Edward Boyle answered on Dec 17, 2020

Contact the Magistrate Court in the county where the incident occurred and check to see if a warrant was issued. Contact a lawyer in that jurisdiction to investigate the case on your behalf.

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2 Answers | Asked in Criminal Law and Child Custody for Georgia on
Q: My brother is charged with false imprisonment and denied bond
David Edward Boyle
David Edward Boyle answered on Dec 17, 2020

I am not sure of your question. A court can deny bond if they believe the defendant is a threat to flee the jurisdiction, obstruct or intimidate witnesses, or is a danger to the community or a risk to commit a felony. Hire a lawyer to represent your brother.

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2 Answers | Asked in Criminal Law for Georgia on
Q: What is another name for a motion to set a side its misdemeanor court, Thanks
David Edward Boyle
David Edward Boyle answered on Dec 17, 2020

After a trial, it is a motion for a new trial or appeal, or writ of habeas corpus. After a guilty plea it is a motion to withdraw guilty plea or appeal, or a writ of habeas corpus.

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1 Answer | Asked in Criminal Law for Georgia on
Q: If I don't have a lawyer going to a probate revocation hearing can I get an extension
David Edward Boyle
David Edward Boyle answered on Oct 12, 2020

You can ask the court to appoint you a lawyer if you cannot afford one. You can also attend court and ask the court for a continuance to hire a lawyer.

1 Answer | Asked in Criminal Law for Georgia on
Q: I got “barred” from a store but the police could t print out the notice so do I have to sign it if they bring it to me

I was barred because it’s a private store and the owner don’t like my attitude

David Edward Boyle
David Edward Boyle answered on Oct 12, 2020

There is no requirement that you receive written notice to stay away from a private business. You can be charged with criminal trespass if you return. The State will have to prove that you have previously been told to stay away and a verbal notice can count.

1 Answer | Asked in Criminal Law for Georgia on
Q: My friend got his court canceled because lawy absentWhen the new court date came we didn’t receive any mail/call

From the lawyer or the court. We tried called the lawyer couple but he is always not in the office and they say the going to call us back but they don’t. And now he doesn’t know what to do

David Edward Boyle
David Edward Boyle answered on Oct 12, 2020

If you have a bench warrant for missing a court date I would encourage you to get with your lawyer and appear in court on any court day to ask that the warrant be recalled. The longer your absence the harder it is to correct.

2 Answers | Asked in Criminal Law for Georgia on
Q: I got my fourth offense shoplifting charge is it possible to avoid going to jail

What is the longest jail time that I should serve if they bound it over to superior court

David Edward Boyle
David Edward Boyle answered on Oct 12, 2020

If you have 3 prior shoplifting convictions then the 4th shoplifting is a felony, and you are facing a 1 year mandatory prison sentence. Whether the prior convictions count against you is a legal matter and many convictions can be barred from being used. Contact an attorney in your area.

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2 Answers | Asked in Criminal Law for Georgia on
Q: What are the requirements for a person who is incarcerated to participate in the work detail program??

How to find out if the police had knowledge that drugs were being brought in to the jail prior to the event and allowed it to happen??

David Edward Boyle
David Edward Boyle answered on Oct 12, 2020

Each jail sets their own rules on the work detail program. There is no set program requirements statewide.

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2 Answers | Asked in Criminal Law for Georgia on
Q: Is there a statue of limitations after being charged with felony shoplifting?

I was charged with felony shoplifting in 2004, I think I was arraigned but never sentenced. No next court date came in the mail. In 2016 a warrant was issued for my arrest and I was arrested and given 7 years probation. Was this legal? Or should there had been a "reasonable" time to... Read more »

David Edward Boyle
David Edward Boyle answered on Oct 12, 2020

The statute of limitations is the time period from the date of the crime to the date the prosecutor files an accusation or indictment. It does not mean the time period until the case is completed. For most felony offenses the time period is 4 years.

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2 Answers | Asked in Criminal Law for Georgia on
Q: Can I apply for a weapons carrying license, if i got charged with reckless conduct twice? Misdemeanor. March 10,2015
David Edward Boyle
David Edward Boyle answered on Oct 12, 2020

Yes, only a conviction for a felony or a domestic violence misdemeanor disqualify you from possessing a firearm. If you apply for a carrying concealed license and you are rejected the probate court is supposed to provide you with a copy of your criminal history that disqualifies you. Many times... Read more »

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1 Answer | Asked in Criminal Law, Federal Crimes and Small Claims for Georgia on
Q: Loaned money to scammer. Do I file police report/go to FBI, or take it up with a small claims court?

This is similar to a romance scam, but I have met this person a few times and know their real identity. I loaned what was supposed to be a friend $2k. Now he is trying to scam me, asking for my bank login. All of our correspondence is on text, so I do have sufficient proof to show that I am... Read more »

David Edward Boyle
David Edward Boyle answered on Aug 18, 2020

I would change banks to avoid any further access to your account. There is nothing criminal with you loaning him money or him not repaying it. You can sue him for the money but if the terms of repayment were not clear you may not have an enforceable contract. You say he was a scammer but it is... Read more »

3 Answers | Asked in Criminal Law and Juvenile Law for Georgia on
Q: Is a finger considered a foreign object with respect to committing aggravated sexual battery? My daughter was assaulted
David Edward Boyle
David Edward Boyle answered on Aug 18, 2020

Yes, anything other than a penis is considered a foreign object under that statute.

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2 Answers | Asked in Criminal Law and Cannabis & Marijuana Law for Georgia on
Q: My boyfriend was parked on the wrong side of the road he was coming out of the house when an officer road by and made a

Uturn to tell him he couldn’t park where he was parked then he went on to ask him for his license and he told him to sit in the car he proceeded to do so his license came back good only for the officer to tell him he smelled marijuana well my boyfriend complied and told him there was marijuana in... Read more »

David Edward Boyle
David Edward Boyle answered on Aug 18, 2020

The answer is it depends. Not sure based upon these facts about whether it was a consensual encounter or not and whether the officer observed the Defendant driving the vehicle. I would encourage him to consult with a lawyer for a more detailed analysis.

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2 Answers | Asked in Criminal Law and Employment Discrimination for Georgia on
Q: My first offender cannabis related felony was completed successfully in 2018 and I'm still being denied employment.

Can I get this discharged? And will this allow me a chance to work? Cobb county ga

David Edward Boyle
David Edward Boyle answered on Jul 20, 2020

You need to check your criminal history information to see if the First Offender has been marked as successfully completed so that it does not appear in your employment based background check. If probation does not submit the order closing it, or the clerk's office does not transmit it to... Read more »

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