Questions Answered by David Edward Boyle

Q: how long can they make him wait for hearing

1 Answer | Asked in Criminal Law for Georgia on
Answered on Jun 11, 2018
David Edward Boyle's answer
Your question covers to many distinct topics, is the person on probation or parole? They have different procedures and standards. You can also have both and then have a violation that is based on a new offense which takes its own path. There are not preliminary hearings on probation revocations or parole revocations. Waivers are used to resolve probation cases without a hearing but also relate to extradition hearings. I would suggest you hire a lawyer.
View Details »

Q: how do i research cases where "DURESS" was used as a defense in Georgia

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Answered on Jun 11, 2018
David Edward Boyle's answer
Your question is too broad, duress that led to a confession, or to commit a crime. Most case law can be researched on Westlaw, or LexisNexis but you have to subscribe to their paid service to have access. I would suggest you hire a lawyer and not try to navigate that field on your own.
View Details »

Q: As a first time offender how can I make this like it never happen? I also live in a different state than were incident

1 Answer | Asked in Criminal Law for Georgia on
Answered on Jun 11, 2018
David Edward Boyle's answer
If the first offender was successfully completed than it is restricted off your record. However that only effects the GCIC or state controlled computer. It has no effect on information that is on the internet or otherwise available to the public. You can apply to seal the record at the courthouse but again this will not prevent access to information already available on the internet.
View Details »

Q: Can a felon live in a home were theirs a firearm

1 Answer | Asked in Criminal Law for Georgia on
Answered on Jun 11, 2018
David Edward Boyle's answer
Yes as long as they don't possess the firearm. My suggestion is to keep the firearm in a gun safe that has a fingerprint scan lock, that way there is no question you did not have access to the firearm.
View Details »

Q: If a roadside confession to drug possession is given without Miranda can it be admissible?

1 Answer | Asked in Criminal Law for Georgia on
Answered on Jun 11, 2018
David Edward Boyle's answer
You will need a lawyer to help you. The statement may or may not be admissible in court, it is a very fact specific inquiry that depends on a bunch of different factors. Certainly a statement by the other party that the drugs were his will help but that party will have to come to court and plead guilty to it for the DA to believe them, and they are not required to believe him and can prosecute both of you.
View Details »

Q: My name is Jonathan Fitch and there has recently been a misdemeanor warrant issued for my arrest.

1 Answer | Asked in Criminal Law for Georgia on
Answered on Jun 11, 2018
David Edward Boyle's answer
I would encourage you to contact a lawyer in the jurisdiction where the warrant was issued. Once the warrant is issued it is virtually impossible to get it recalled without getting arrested. The local lawyer will best know how to proceed and arrange a time to turn in and arrange a bond so that any jail time is minimal. Once that is done the lawyer can defend you and possibly resolve the case with you having to return a second time. Usually misdemeanor theft warrants are not extraditable...
View Details »

Q: Bought a car, money wired, it was misrepresented, I didn't take possession. Seller has both the car and money. Options?

1 Answer | Asked in Criminal Law and Small Claims for Georgia on
Answered on Jun 8, 2018
David Edward Boyle's answer
File a police report in the jurisdiction where the sale took place for theft.
View Details »

Q: Ok, my boyfriend got locked up in March. His court appointed attorney is doing nothing for him.

2 Answers | Asked in Criminal Law for Georgia on
Answered on Jun 8, 2018
David Edward Boyle's answer
I would suggest you contact a lawyer in Fayette County who practices criminal law. Filing a speedy trial usually has some additional consequences, that are particular based upon the jurisdiction. Also, felony fleeing and eluding generally requires at least 1 year in prison, and you cannot get probation on it.
View Details »

Q: How may I apply for a supersedeas bond eithout a lawyer?

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Answered on Jun 8, 2018
David Edward Boyle's answer
You have to file a written motion for supersedeas bond and file it with the clerk and copy the State and send a courtesy copy to the judge and request a hearing and then notify the state of the hearing date.
View Details »

Q: How much time for third misteromer shoplifting in ga

1 Answer | Asked in Criminal Law for Georgia on
Answered on Jun 8, 2018
David Edward Boyle's answer
Maximum is 12 months in jail and $1000 fine.
View Details »

Q: CURRENTLY, HAVE A QUIT CLAIM DEED WITH MY BROTHER FROM A PIECE OF PROPERTY THAT WAS WILL TO US FROM MY FATHER PASSED.

2 Answers | Asked in Criminal Law, Family Law and Real Estate Law for Georgia on
Answered on Jun 8, 2018
David Edward Boyle's answer
You need to contact a lawyer in the jurisdiction where the will was probated and review whether your brother properly fulfilled his obligations as executor. You are not required to sign a quit claim deed, which gives someone else your interest in real property.
View Details »

Q: A piece of property was WILL to my brother and I back in December 2015 after the lost of our father.

2 Answers | Asked in Criminal Law, Family Law and Real Estate Law for Georgia on
Answered on Jun 8, 2018
David Edward Boyle's answer
If you gave a quit claim deed to someone else that means you gave up your interest in the property described in the quit claim deed. It is equivalent to selling your interest in the land.
View Details »

Q: Is there statue of limitations on interference with child custody in Georgia

2 Answers | Asked in Child Custody and Criminal Law for Georgia on
Answered on Jun 8, 2018
David Edward Boyle's answer
Interference with custody is a felony and has a 4 yr statute of limitations in Georgia.
View Details »

Q: Will I have the opportunity to postpone my case if I do not have a lawyer?

2 Answers | Asked in Criminal Law for Georgia on
Answered on Jun 8, 2018
David Edward Boyle's answer
Ask the court for a continuance and it would help your chances if you have already met with lawyers and discussed prices so you can give the name of who you intend to hire.
View Details »

Q: I go on trial Monday for battery how much time can I end up getting

3 Answers | Asked in Criminal Law and Divorce for Georgia on
Answered on Jun 8, 2018
David Edward Boyle's answer
If it is misdemeanor battery and you are convicted you can get upt to 12 months in jail. If it is felony battery you can get up to 5 years in prison. If the battery involves a domestic relationship you will also have a lifetime prohibition from possessing a firearm for either misdemeanor or felony.
View Details »

Q: my father was arrested he tried to hurt my grandmother then himself he is mentally ill

2 Answers | Asked in Criminal Law and Civil Rights for Georgia on
Answered on Jun 8, 2018
David Edward Boyle's answer
Hire him a lawyer in the jurisdiction where he is being held, he is entitled to a first appearance hearing, a bond hearing, and a preliminary hearing on the charges.
View Details »

Q: I have been charged with 16-13-2 (B) in the state of Georgia. Will I receive jail time?

1 Answer | Asked in Criminal Law for Georgia on
Answered on Jun 4, 2018
David Edward Boyle's answer
There is not a criminal charge for that code section. That is the conditional discharge section for drug crimes. It protects a plea from turning into a conviction if the sentence is successfully completed.
View Details »

Q: If I have two mistermimoer pleas of theft in another state does it count as my third in a new one ?

1 Answer | Asked in Criminal Law for Georgia on
Answered on Jun 4, 2018
David Edward Boyle's answer
Then yes the new case would be a third offense for theft. If it is shoplifting then it would still be a misdemeanor and a fourth is a felony.
View Details »

Q: A misdemeanor case has been dismissed and the record has been expunged, when asked if ever been arrested, choose NO?

1 Answer | Asked in Criminal Law for Georgia on
Answered on Jun 4, 2018
David Edward Boyle's answer
The correct is answer is yes, I have been arrested, no I have not been convicted. Lying about being arrested could be a crime if you are applying for a government job. Answering yes to the question does not deny you the job, there is usually a spot to explain your answer.
View Details »

Q: I have two pleas no pending

1 Answer | Asked in Criminal Law for Georgia on
Answered on Jun 4, 2018
David Edward Boyle's answer
I am not sure what any of that means, is there a question? Keep in mind questions asked on this list do not include information that may have been provided in prior questions. Each is viewed independently.
View Details »

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.