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Questions Answered by David Edward Boyle

1 Answer | Asked in Criminal Law for Georgia on

Q: Is it illegal to set off a stink bomb to a neighbor in Woodstock Georgia

David Edward Boyle answered on Feb 4, 2019

I am not sure what you mean by a "stink bomb" If the device meets the legal definition of a bomb then you are going to have a problem. If you just released foul odors into the air it could constitute a crime if it was intentional done to cause harm to others. If it interfered with others ability... Read more »

1 Answer | Asked in Criminal Law for Georgia on

Q: What should I do if a false statement was given to deputies and warrants were issued for my arrest!?

Very serious charges have been made and now I'm running from police. Its easier to prove my innocence when I'm free than behind bars

David Edward Boyle answered on Feb 4, 2019

It is unlikely that a warrant will be recalled once issued. You should hire a lawyer and be prepared to have funds to post bond and turn yourself in. Otherwise you risk getting arrested at anytime when it may not be so convenient. It will not go away on its own.

1 Answer | Asked in Criminal Law for Georgia on

Q: I have warrants for theft of services through electric company I did not do this

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guys from work need place to stay the deal was they could stay if they had power turned on so I came two days later power an water on I had been running a generator showering friends house 7months has passed they packed up an moved a week or so ago power company came out with... Read more »

David Edward Boyle answered on Feb 4, 2019

I would encourage you to hire a lawyer. Once the warrant is issued it is extremely unlikely that the warrant will be recalled. You will have to turn yourself in and fight the charges in court.

1 Answer | Asked in Criminal Law for Georgia on

Q: Can a wife be held responsible for agreeing to buy guns and ammo knowing that her husband is a felon?

We are going through a divorce and she’s now holding it over my head. Blackmailing me

David Edward Boyle answered on Jan 30, 2019

If the wife provided a gun or ammunition to a convicted felon, yes she can be prosecuted for that.

1 Answer | Asked in Constitutional Law and Criminal Law for Georgia on

Q: Lady walking her dog at night, was returning home and police blocked her driveway and proceeded to question her

Eventually she was arrested for possession of marijuana(a joint). Was she illegally detained?

David Edward Boyle answered on Jan 28, 2019

Maybe, it is a very fact specific inquiry and the lady needs to talk to a lawyer.

1 Answer | Asked in Criminal Law for Georgia on

Q: If you are on first offender probation can you be convicted of possessing a firearm if you are at someone else's home

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David Edward Boyle answered on Jan 28, 2019

You can be guilty of possession of a firearm anywhere if it is illegal for you to possess a firearm.

1 Answer | Asked in Criminal Law for Georgia on

Q: Is it ilegal for a convicted felon under the first offenders act to posess a firearm if it is rendered non operable

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David Edward Boyle answered on Jan 28, 2019

It is highly unlikely that you are under a felony first offender sentence and a convicted felon at the same time. Nevertheless, you cannot possess a firearm under either. Whether the firearm is inoperable will relate to whether it can meet the definition of a firearm.

(2) "Firearm"...
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1 Answer | Asked in Criminal Law for Georgia on

Q: I am being investigated for a special victims unit issue with my cell phone in Savanah GA can I gethelpfor interview?

at JFK airport in NY Homeland security on October 1st, 2018 took my iPhone. Yesterday on Jan 22 the Savannah Police Special Victims Unit said they want to talk to me about the phone issue. I cannot afford an expensive lawyer but can pay $250-400 for help with the police interview they want to have... Read more »

David Edward Boyle answered on Jan 28, 2019

I would not recommend meeting with investigators without an attorney.

1 Answer | Asked in Criminal Law for Georgia on

Q: Hi, according to GA law is it prohibited to publish a mugshot of an inmate in a well-established school publication?

A student at Emory was arrested and the student-run publication inserted his mugshot into their story regarding the student.

David Edward Boyle answered on Jan 28, 2019

No, it does not violate the law to publish a photo of a person who has been arrested.

1 Answer | Asked in Criminal Law for Georgia on

Q: Yes, he was charged with taking a gun out of the car he entered

Detective told my son if he would take him to the gun he wouldn't be charged with it but he was......

David Edward Boyle answered on Jan 28, 2019

Police are not required to tell the truth, however if a promise was made that he would not be charged it could result in the evidence and statement from your son being inadmissible in court. I suggest he hire a lawyer to defend him.

1 Answer | Asked in Consumer Law, Criminal Law, Business Law and Insurance Bad Faith for Georgia on

Q: Insurance Agent's dishonest conduct & practices

My question is a little complicated. This has to do with a State Farm Insurance Agent who owns his own agency and is allowing his son to commit theft and fraud out of his agency/office. What is the best way to go about reporting this?

David Edward Boyle answered on Jan 28, 2019

You can always file a police report to file a complaint about the crime. You can also contact the corporate office of State Farm and make them aware of it.

1 Answer | Asked in Criminal Law for Georgia on

Q: What is the penalty if I'm caught carrying my firearm in a holster on my hip without proper permits

David Edward Boyle answered on Jan 28, 2019

If you do not have a license to carry a concealed weapon than you would face a misdemeanor if you are found in the circumstances you described.

1 Answer | Asked in Criminal Law for Georgia on

Q: If my public defender hasn't done her job. I have trial in a few days. How can I fire my attorney and postpone it?

David Edward Boyle answered on Jan 28, 2019

You can hire your own lawyer to represent you at any time, or if you do not think your public defender is adequately representing your interests, you can always chose to represent yourself, although that is not recommended. Ask the judge for a hearing so you can present what you would like your... Read more »

2 Answers | Asked in Criminal Law for Georgia on

Q: I have a felony in the State of Georgia. Can I legally carry a black powder pistol

David Edward Boyle answered on Jan 28, 2019

Negative, that would qualify as a firearm and it would be illegal to possess if you are a convicted felon.

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3 Answers | Asked in Criminal Law for Ohio on

Q: Why would someone that has served there full sentence be placed on parole

The inmate servered 5 years and 4 months of the five year sentence and is being placed on parole

David Edward Boyle answered on Jan 28, 2019

It is not possible to serve a sentence longer than you were originally given. If the person is still under parole you may have the ability to pursue a civil action against the government. I would first obtain copies of all criminal sentences that the person has at the respective clerk's offices.... Read more »

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2 Answers | Asked in Criminal Law for Georgia on

Q: My son entered an auto and took a gun from the car. What's he facing?

David Edward Boyle answered on Jan 28, 2019

The felony charge of entering an auto, 1-5 years. Plus the potential of some other crimes depending upon what he did with the gun.

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2 Answers | Asked in Criminal Law for Georgia on

Q: If it's my first time in trouble and its Distribution of weed to a c.i. twice will I face prison time

Apparently they have proof

David Edward Boyle answered on Jan 28, 2019

If you are charged with sale of marijuana you are likely to face confinement time. Each sale is punishable from 1-10 years in prison. Hire a lawyer.

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1 Answer | Asked in Criminal Law, Gov & Administrative Law, Military Law and Probate for Georgia on

Q: Yes I’m under 21 and I’m a national guardsmen but I would like to buy a pistol in Ga can I do that?

I’m currently on active duty order in a foreign country and would like to be able to buy one and have it shipped to my house

David Edward Boyle answered on Jan 22, 2019

If you cannot lawfully possess the gun in your home state I would not recommend that you do so.

1 Answer | Asked in Criminal Law for Georgia on

Q: I am awaiting court in jail for the county I live in , and in a couple of days I have court in another county.

If I am sentenced to go straight to jail in the county I live in, what will the other county do to me , if I could not show to court because I am incarcerated?

David Edward Boyle answered on Jan 22, 2019

You should contact the other court to make them aware of where you will be. Persons can be transported to court by the Sheriff when they are in custody in one county and have court in another county. Happens all the time.

1 Answer | Asked in Criminal Law for Georgia on

Q: Can a charge be upgraded based on the fact that a person was selling drugs over the jail phone without being charged

The supposed drug selling was not proven but the charge stuck without any material facts to support the upgraded charges

David Edward Boyle answered on Jan 22, 2019

If there is evidence of drug dealing based upon recorded phone conversations then yes the State can use that evidence.

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