Questions Answered by David Edward Boyle

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

1 Answer | Asked in Criminal Law for Georgia on
Answered on Jan 28, 2019
David Edward Boyle's answer
I would not recommend meeting with investigators without an attorney.

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

1 Answer | Asked in Criminal Law for Georgia on
Answered on Jan 28, 2019
David Edward Boyle's answer
No, it does not violate the law to publish a photo of a person who has been arrested.

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

1 Answer | Asked in Criminal Law for Georgia on
Answered on Jan 28, 2019
David Edward Boyle's answer
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.

Q: Insurance Agent's dishonest conduct & practices

1 Answer | Asked in Consumer Law, Criminal Law, Business Law and Insurance Bad Faith for Georgia on
Answered on Jan 28, 2019
David Edward Boyle's answer
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.

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

1 Answer | Asked in Criminal Law for Georgia on
Answered on Jan 28, 2019
David Edward Boyle's answer
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.

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?

1 Answer | Asked in Criminal Law for Georgia on
Answered on Jan 28, 2019
David Edward Boyle's answer
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 attorney to do that they have not done.

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

2 Answers | Asked in Criminal Law for Georgia on
Answered on Jan 28, 2019
David Edward Boyle's answer
Negative, that would qualify as a firearm and it would be illegal to possess if you are a convicted felon.

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

3 Answers | Asked in Criminal Law for Ohio on
Answered on Jan 28, 2019
David Edward Boyle's answer
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. Look for any sentences that may have tolled, or stopped running, or additional sentences that may have been set to run consecutive to the original sentence. If you cannot figure it out I would...

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

2 Answers | Asked in Criminal Law for Georgia on
Answered on Jan 28, 2019
David Edward Boyle's answer
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.

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

2 Answers | Asked in Criminal Law for Georgia on
Answered on Jan 28, 2019
David Edward Boyle's answer
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.

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?

1 Answer | Asked in Criminal Law, Gov & Administrative Law, Military Law and Probate for Georgia on
Answered on Jan 22, 2019
David Edward Boyle's answer
If you cannot lawfully possess the gun in your home state I would not recommend that you do so.

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.

1 Answer | Asked in Criminal Law for Georgia on
Answered on Jan 22, 2019
David Edward Boyle's answer
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.

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

1 Answer | Asked in Criminal Law for Georgia on
Answered on Jan 22, 2019
David Edward Boyle's answer
If there is evidence of drug dealing based upon recorded phone conversations then yes the State can use that evidence.

Q: What is someone tampers with a dispossession notice on my door? I was sent a certified copy 4 days later from her theft.

1 Answer | Asked in Criminal Law, Federal Crimes and Small Claims for Georgia on
Answered on Jan 22, 2019
David Edward Boyle's answer
I would just respond the dispossessory action and not worry about the notice being stolen.

Q: Can my charges be dropped if I was pulles over for a headlight when it wasnt really put?

1 Answer | Asked in Criminal Law for Georgia on
Answered on Jan 22, 2019
David Edward Boyle's answer
I would suggest you hire a lawyer to file a motion to suppress to have the court rule upon whether the police had probable cause to stop your vehicle. Make them prove the light was out at the time of the stop. If they are unable to do so, then all the evidence that was located after the vehicle was stopped could be suppressed and the State would be unable to prosecute you.

Q: What crime is committed when a person lays in wait and attacks you from behind?

1 Answer | Asked in Criminal Law for Georgia on
Answered on Jan 22, 2019
David Edward Boyle's answer
Aggravated Battery, Aggravated Assault, Criminal attempt to Commit Murder

Q: Can my charges be dismissed?

2 Answers | Asked in Criminal Law for Georgia on
Answered on Jan 22, 2019
David Edward Boyle's answer
If you can show the headlight was working when they pulled you over you can probably get the charged dismissed.

Q: What is involved in resolving a misdemeanor failure to appear charge?

2 Answers | Asked in Criminal Law for Georgia on
Answered on Jan 22, 2019
David Edward Boyle's answer
If you have a failure to appear, there is a warrant for your arrest. If you do not resolve the failure to appear warrant you will always be subject to arrest and will be unable to renew your drivers license and it can be suspended by the issuing state. I would encourage you to hire a lawyer who works in the same jurisdiction as the NC court to help resolve this matter.

Q: Can my sons car be seized as a result of a pending drug trafficking case. He still has payments he doesn’t own the car

1 Answer | Asked in Criminal Law for Georgia on
Answered on Jan 18, 2019
David Edward Boyle's answer
Unfortunately, yes the car can be seized. However the government will have to pay off the loan on the car to get to keep it. The creditors rights trump the government. A forfeiture action can be challenged and often provides access to information faster than in the criminal case. In some cases you are entitled to discovery which allows you to take the depositions of the officers, something you cannot do in a criminal case. I would encourage you to hire a lawyer for your son. Trafficking...

Q: I was beaten viciously by a guy wearing large rings on all his fingers,

1 Answer | Asked in Criminal Law for Georgia on
Answered on Jan 17, 2019
David Edward Boyle's answer
It depends on who started the fight and whether one of you was defending yourself and if anyone reported this to the police. You may also have the ability to sue the other person.

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