Questions Answered by David Edward Boyle

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

1 Answer | Asked in Criminal Law for Georgia on
Answered on Feb 4, 2019
David Edward Boyle's answer
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 to use their property it could be criminal trespass.

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

1 Answer | Asked in Criminal Law for Georgia on
Answered on Feb 4, 2019
David Edward Boyle's answer
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.

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

1 Answer | Asked in Criminal Law for Georgia on
Answered on Feb 4, 2019
David Edward Boyle's answer
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.

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

1 Answer | Asked in Criminal Law for Georgia on
Answered on Jan 30, 2019
David Edward Boyle's answer
If the wife provided a gun or ammunition to a convicted felon, yes she can be prosecuted for that.

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

1 Answer | Asked in Constitutional Law and Criminal Law for Georgia on
Answered on Jan 28, 2019
David Edward Boyle's answer
Maybe, it is a very fact specific inquiry and the lady needs to talk to a lawyer.

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

1 Answer | Asked in Criminal Law for Georgia on
Answered on Jan 28, 2019
David Edward Boyle's answer
You can be guilty of possession of a firearm anywhere if it is illegal for you to possess a firearm.

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

1 Answer | Asked in Criminal Law for Georgia on
Answered on Jan 28, 2019
David Edward Boyle's answer
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" includes any handgun, rifle, shotgun, or other weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge.

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.

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