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Questions Answered by David Edward Boyle
2 Answers | Asked in Criminal Law for Georgia on
Q: My son was in custody inthe back seat of a cop car and his handcuffs fell off and he escaped out the window. What charge

What charge would he get he has never done this before

David Edward Boyle
David Edward Boyle answered on Apr 2, 2019

Escape

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1 Answer | Asked in Traffic Tickets, Criminal Law, DUI / DWI and Immigration Law for Georgia on
Q: Summoned to court for driving w/o US license but had out of country Lc. What will happen to illegal in Augusta ga?

Greetings ,

I would like to converse with a driven dedicated law firm team about a loved ones current situation.

He received 2 tickets and summoned to appear in court soon. He received a "driving without a license" and also a "open container " ticket. He displayed his Country... Read more »

David Edward Boyle
David Edward Boyle answered on Feb 26, 2019

Hire an attorney in Augusta who handles traffic tickets and who can probably appear in your husband's absence.

1 Answer | Asked in Criminal Law and Communications Law for Georgia on
Q: Yes what is the sentence with harassment communications? Please tell me something cause I have court March 3rd
David Edward Boyle
David Edward Boyle answered on Feb 26, 2019

Harassing phone calls is a misdemeanor in Georgia for each call made.

1 Answer | Asked in Criminal Law for Georgia on
Q: My daughter was put in jail on failure to appear and bondsman off bond which is 750.00 and there saying her time year sh

My daughter is looking at a year or more for failure to appear and bondsman off bond which says 750.00 and she also has a court date in another county is there any way of getting her out and fixing this without doing time plz help with advice

David Edward Boyle
David Edward Boyle answered on Feb 26, 2019

If the bondsmen came off the bond then her current bond is still valid and you just have to re-post it. If she didn't appear and was arrested on a bench warrant you need to file a motion to recall the bench warrant or to ask the court to re-address the bond.

1 Answer | Asked in Contracts, Criminal Law and Real Estate Law for Georgia on
Q: If a builder sells us a new house can he use someone else's signature without telling us or noting it in the contract?

We bought a house from a builder, he used a different company name to get our businesses but after we signed a contract we found that wasn't the real name. He also signed someone else's name on the contact, apparently the real owners name not his on the contract without noting it when he signed... Read more »

David Edward Boyle
David Edward Boyle answered on Feb 26, 2019

It depends if he is authorized by a power of attorney to sign for someone else. If the home sale went through without a problem, do you have any damages?

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: My husband used his company's credit card for personal use. The total ended up being close to 5000.

The card was linked to his personal account. How much trouble could he be in? We live in Georgia.

David Edward Boyle
David Edward Boyle answered on Feb 26, 2019

Felony theft by taking, and financial transaction card fraud. He could be looking at some jail time and a felony on his record. I would encourage him to speak to an attorney.

2 Answers | Asked in Criminal Law for Georgia on
Q: I’ve been charged with a hit and run however i haven’t hit anyone or been contacted about it from police in 2 days.

How should i go about this case? What would a hit and run qualify as in Georgia?

David Edward Boyle
David Edward Boyle answered on Feb 26, 2019

Hit and run is a misdemeanor unless someone was injured then it is a felony.

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1 Answer | Asked in Criminal Law and Traffic Tickets for Georgia on
Q: Hello, I have two warrants in Pine Lake and Clarkston, how can I get those removed without be arrested?

I received the warrants for probation violation. I was placed on probation because I couldn't afford the fines for driving with a suspended license. I want to get those warrants removed, then move forward so I can start making payments on these fines.

David Edward Boyle
David Edward Boyle answered on Feb 15, 2019

Pay off the fines.

1 Answer | Asked in Criminal Law for Georgia on
Q: How is it that someone is sentence to life for felony murder and four twenty years sentence for aggravated asalut be .

Out in 24 years?

David Edward Boyle
David Edward Boyle answered on Feb 15, 2019

Depending upon when they were convicted a life sentence is eligible for parole after 14 years, or 21 years, or 30 years.

1 Answer | Asked in Criminal Law for Georgia on
Q: 1st time misdemeanor charge of 16-13.32.2 18 y.o college student do I need a lawyer
David Edward Boyle
David Edward Boyle answered on Feb 15, 2019

It is a misdemeanor offense that will remain on your record forever if you enter a guilty plea to the charges. I would recommend you consult with an attorney to explore defenses and alternatives to a conviction on your record. Drug offenses can result in the loss of financial aid.... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: What evidence is required to arrest for shoplifting?

They posted my picture online and i went to police station to tell them who i was. They took info and gave to store. I never stole the item. I placed on the counter before i leftbut I’m concerned about being arrested after the embarrassment the online photo caused

David Edward Boyle
David Edward Boyle answered on Feb 15, 2019

In order to be arrested there must be probable cause to believe you committed the offense of shoplifting. You can be arrested for shoplifting even if you are innocent. If the arrest was without probable cause you would have ground to sue the store for false arrest.

1 Answer | Asked in Sexual Harassment, Criminal Law, Civil Rights and Internet Law for Georgia on
Q: I have a friend who wants to put a TPO on a guy who keeps harassing her through messages and calls.

Unfortunately they used to talk on a dating app where things got a little intimate and more than casual and she wasn’t thinking clearly and send him some pictures of herself. She’s concerned about the cops serving a TPO and him exposing her for the pictures. Keep in mind she’s 40 years old;... Read more »

David Edward Boyle
David Edward Boyle answered on Feb 15, 2019

If he publishes the photos he may face legal consequences under the revenge porn law. O.C.G.A. 16-11-90. It is a 1-5 year felony offense.

1 Answer | Asked in Criminal Law for Georgia on
Q: Can my 14yr old be charged as an adult in a aggravated sexual battery case he didn't penetrate the victim
David Edward Boyle
David Edward Boyle answered on Feb 15, 2019

Aggravated sexual battery is the penetration of the vagina by something other than a penis without consent. If the 14 yr old was a party to the offense, i.e. helped in its commission than yes he could be prosecuted even though he didn't penetrate the female.

1 Answer | Asked in Criminal Law for Georgia on
Q: My son was molested at 13 and 14 but just told me at 18. What do I do?

This happened by our pastor that mentored my son in Michigan but we now live in Georgia.

David Edward Boyle
David Edward Boyle answered on Feb 15, 2019

You can contact the law enforcement authorities in Michigan in the jurisdiction where it took place. In Georgia the statute of limitations is 7 years from the disclosure or when the child turned 16, which ever occurs first, so it would be a viable case to prosecute until the victim turned 23.

1 Answer | Asked in Criminal Law for Georgia on
Q: If you are in a probation detention center for violation of probation are you entitled to get credit for time served

He was held in county jail 47 days before transfer. I was told he wasn't entitled to get credit for that time. Ocga 17 10 11 says he is?

David Edward Boyle
David Edward Boyle answered on Feb 15, 2019

The person sentence in the detention center is calculated by the date they were sentenced to go to the detention center, or when they arrive at the detention center. They get credit towards the overall time of their sentence but not necessarily the time in jail waiting to go to the detention... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: In jail charged with 16-5-70 Cruelty to children-Criminal Negligence/Causes excessive physical/mental pain

2nd degree. She needs representative but we are not able to afford a lawyer.

David Edward Boyle
David Edward Boyle answered on Feb 15, 2019

She needs to apply for the services of a public defender if she cannot afford an attorney. If she is in jail one might have already been appointed.

1 Answer | Asked in Criminal Law for Georgia on
Q: 14year old boy gets a 17 year old girl pregnant what will happen?can the 14year old press charges on the girl
David Edward Boyle
David Edward Boyle answered on Feb 15, 2019

The 17 year old can be prosecuted for statutory rape. It would be a misdemeanor offense.

1 Answer | Asked in Small Claims and Criminal Law for Georgia on
Q: I temporarily loaned my van to an associate, with the agreed stipulation that NO one else was to drive it.

Two weeks later, her husband totaled the van. Can I prosecute him for auto theft?

David Edward Boyle
David Edward Boyle answered on Feb 4, 2019

It is not criminal theft but the other party may be responsible for the damages depending upon the terms of your agreement.

1 Answer | Asked in Criminal Law for Georgia on
Q: 1st time arrested and it was for theft by shoplifting, THEY SAID it was $628. What’s typical in Cherokee Co GEORGIA?

I’d stopped AT the door when I reached for my cane and saw the items in the bottom of the cart. I stopped in the doorway, people right behind me, so I roll just to the left, still inside the store foyer, and pushed the buggy RIGHT UP TO the security door.

David Edward Boyle
David Edward Boyle answered on Feb 4, 2019

If you are accused of taking more than $500 it is felony shoplifting punishable from 1-10 years. I would encourage you to hire a lawyer.

1 Answer | Asked in Civil Litigation, Criminal Law and Civil Rights for Georgia on
Q: If an office enter a home without a search warrant or probable casue, could he testify and be witness

This office took everything to his advantage there were no arrested nor charges against the defendant. It was the officer whom testified was the only witness

...

David Edward Boyle
David Edward Boyle answered on Feb 4, 2019

Yes, he can always testify. Whether the search was illegal such that the results of it can be suppressed are a different inquiry. I would encourage you to hire a lawyer.

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