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Questions Answered by David Edward Boyle
1 Answer | Asked in Criminal Law, Federal Crimes, Gov & Administrative Law and Probate for Georgia on
Q: Probation revocation hearing / right to speedy trail

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

David Edward Boyle
David Edward Boyle answered on Jun 5, 2020

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.

3 Answers | Asked in Criminal Law for Texas on
Q: Can my bonds man pull my bond because I can't pay right now?

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 »

David Edward Boyle
David Edward Boyle answered on Jun 5, 2020

A bondsmen can come off the bond at will, subject to the terms of your original bonding contract. You might want to take a look at that to see if you have any recourse.

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1 Answer | Asked in Criminal Law, Education Law and Employment Law for Georgia on
Q: As a teacher w/ restricted criminal record, what shows on my fingerprint & criminal background check to school system?

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 »

David Edward Boyle
David Edward Boyle answered on Jun 5, 2020

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.

1 Answer | Asked in Criminal Law for Georgia on
Q: If the indictment was sealed and there was no new evidence can charges be brought back up on that person?

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?

David Edward Boyle
David Edward Boyle answered on Jun 5, 2020

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 »

1 Answer | Asked in Civil Litigation, Criminal Law and Federal Crimes for Georgia on
Q: I completed my first offender probation and was terminated early can I buy a firearm? I have a copy of termination
David Edward Boyle
David Edward Boyle answered on Jun 5, 2020

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 »

2 Answers | Asked in Criminal Law for Georgia on
Q: Can the courts wait to notifiy the Parole board 9 years after a person was convicted on his parole month and then say

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

David Edward Boyle
David Edward Boyle answered on Jun 5, 2020

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 »

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2 Answers | Asked in Criminal Law for Georgia on
Q: In the state of Georgia (City of Atlanta in DeKalb County), can someone be released on an arrest citation for Affray?
David Edward Boyle
David Edward Boyle answered on Jun 5, 2020

Yes, the City of Atlanta police can cite a person for affray without making an arrest. Believe it or not the City of Atlanta police have cited a person for murder before.

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2 Answers | Asked in Criminal Law, Federal Crimes and Probate for Georgia on
Q: Do you work with probation violations?

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 »

David Edward Boyle
David Edward Boyle answered on Jun 5, 2020

I would recommend contacting an attorney in the jurisdiction where he is on probation for assistance. He can still take the anger management class to comply with the sentence.

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2 Answers | Asked in Criminal Law for Georgia on
Q: I need help getting my husband out of jail he has been there for 10 months on theft by taking and explotating the eldery

He does not have a bond he has a misdemnor charge of theft by taking as well he has been offered 10 do 3 or drug court but is still sitting 10 months later no court date, I need him out

David Edward Boyle
David Edward Boyle answered on Jun 5, 2020

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 »

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2 Answers | Asked in Criminal Law, Libel & Slander and Sexual Harassment for Georgia on
Q: Can a person mention by name, the people she accuses of sexual abuse on a talk show?

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 »

David Edward Boyle
David Edward Boyle answered on Jun 5, 2020

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.

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2 Answers | Asked in Criminal Law for Georgia on
Q: I completed the diversion program for a misdemeanor, will that show up on a background check?

The background check is for dental school

David Edward Boyle
David Edward Boyle answered on Jun 5, 2020

The best way to find out is to request a copy of your criminal history from any law enforcement agency.

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1 Answer | Asked in Criminal Law for Georgia on
Q: What is the process for getting court records for a federal conviction in San Juan 1988

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.

David Edward Boyle
David Edward Boyle answered on Jun 1, 2020

Federal Court documents are available online through PACER. You can also contact the clerks office in San Juan to send you the documents you need.

1 Answer | Asked in Criminal Law for Georgia on
Q: I'm interested in knowing how COVID19 can be used in a habeas corpus motion. For an offender who has completed majority.
David Edward Boyle
David Edward Boyle answered on Jun 1, 2020

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 »

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: Is it possible to be called for a Code 648b?

I believe I received a scam call, but they had personal information of mine

David Edward Boyle
David Edward Boyle answered on Jun 1, 2020

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.

1 Answer | Asked in Criminal Law and Business Law for Georgia on
Q: During a protest do business owners have the rights to protect their property with force if being vandalized?
David Edward Boyle
David Edward Boyle answered on Jun 1, 2020

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...
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1 Answer | Asked in Criminal Law for Georgia on
Q: Is there a state law that would stop me from buying a gun while on probation?

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 »

David Edward Boyle
David Edward Boyle answered on Jun 1, 2020

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 »

1 Answer | Asked in Criminal Law for Georgia on
Q: Is there a statute of limitations on shoplifting in Ga?

Less than $500

David Edward Boyle
David Edward Boyle answered on Jun 1, 2020

2 years from incident to filing of accusation or indictment for misdemeanor, 4 years for felony.

2 Answers | Asked in Criminal Law and Federal Crimes for Georgia on
Q: There is an old case as to where an individual took a charge some years ago because I wouldn’t speak up and is now on

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

David Edward Boyle
David Edward Boyle answered on Jun 1, 2020

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 »

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2 Answers | Asked in Criminal Law and Animal / Dog Law for Georgia on
Q: Is it illegal to walk your horse down street in subdivision. It is not a gated community.

No lawns or sidewalks are involved. Lady was stalking and filming my daughter telling her she was committing criminal trespass.

David Edward Boyle
David Edward Boyle answered on Jun 1, 2020

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.

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2 Answers | Asked in Criminal Law, Sexual Harassment and Civil Litigation for Georgia on
Q: Sexual assault occurred a year ago; should I seek criminal or civil charges?

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 »

David Edward Boyle
David Edward Boyle answered on Jun 1, 2020

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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