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Questions Answered by Glenn T. Stern
1 Answer | Asked in Criminal Law, Employment Law and Employment Discrimination for Georgia on
Q: If asked on an application, Is it against the law to lie about PENDING felony charges?Not convictions, but only charged

I have 3 pending felony charges. One from 2020 and two from 2022. One count of fleeing or attempting to elude law enforcement (2020). Two counts of sexual exploitation of a minor (2022). I am currently in school for my cdl. Many of the truck driving applications I have filled out are asking if I... Read more »

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answered on May 10, 2023

I don't know that it's necessarily illegal to lie on a job application, as they are not legal documents, but I would expect most truck companies would want to run a background check on you before they actually hire you--regardless of how you answer that question. If that's the... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: Do you have to plead guilty to take a first offender plea
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answered on May 1, 2023

Yes, you must enter a guilty plea to take advantage of the First Offender Act. However, adjudication is withheld for the plea--that's a fancy way of saying "the court takes the plea, but doesn't formally enter it on the record" while the terms of the sentence are met. If you... Read more »

1 Answer | Asked in DUI / DWI for Georgia on
Q: What happens at ALS hearing? Do lawyers negotiate with police day of or does it happen prior to?

Does hearing get waived?

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answered on Apr 4, 2023

At an ALS hearing, the court, after reviewing your appeal and any evidence you may have submitted, will hear testimony from the officer and from you/your attorney. The court will then typically issue a ruling.

Often, the ALS hearing is the first opportunity for the attorneys to speak with...
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1 Answer | Asked in DUI / DWI for Georgia on
Q: What is the DUI court process in state court in Georgia? Can a plea be negotiated at arraignment?
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answered on Mar 31, 2023

It can be, but attorneys seldom have all of the evidence by that state in the process. Most DUI cases are plead "not guilty" at arraignment so that the attorney has the opportunity to review the evidence and then try to negotiate a deal with the prosecutor.

Of course, there are...
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1 Answer | Asked in Criminal Law for Georgia on
Q: 50$ worth of lottery tickets. The amount is a misdemeanor but the state owns the tickets so it's a felony? I'm confused

I'm being charged with a felony because the state owns the lottery tickets. However the actual amount that was missing was only 50$. The state says it's a misdemeanor unless the amount reaches over 500$. How come I'm being charged with a felony if the amount isn't over 500$? Is... Read more »

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answered on Mar 29, 2023

While the value of the lottery tickets may have been below the felony threshold of $500, it's can be a felony to steal lottery tickets under OCGA § 50-27-27(b):

"any person who influences or attempts to influence the winning of a prize through the use of coercion, fraud,...
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1 Answer | Asked in Criminal Law and Constitutional Law for Georgia on
Q: Can law enforcement search my home before a search warrant is signed, or enter it uninvited? GA

I happened to walk outside at around 1:15 p.m. and was met by law enforcement who detained me, and I had closed my door behind me. They had a warrant for my arrest. And arrested me, directly after they entered my home uninvited, and searched it. The search warrant was signed off on at approximately... Read more »

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answered on Mar 26, 2023

It would be irresponsible for any attorney to give an opinion on the legality of a particular entry and/or search without first having the opportunity to examine the evidence and the relevant law. That being said, there do exist certain legal justifications that would allow police to enter a home... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: Do you have to be caught with the merchandise if you are charged with shop lifting.
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answered on Mar 14, 2023

Yes, you can be charged (and convicted) even if you were not physically caught with the merchandise. Under Georgia law O.C.G.A. § 16-8-14, shoplifting includes all of the following:

Conceals or takes possession of the goods or merchandise of any store or retail establishment;...
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1 Answer | Asked in DUI / DWI for Georgia on
Q: Anyone in Georgia - what is the typical DUI court process? Arraignment and then what? Pre trial?
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answered on Mar 7, 2023

The specific process can vary from court to court, county to county, but generally after arraignment the next court date would be a motions hearing date. After that, you would have a pretrial conference date if your court holds them. Otherwise, if you requested a bench trial, your next court date... Read more »

1 Answer | Asked in Civil Litigation for Georgia on
Q: "why would a judge sign a order nunc pro tunc september22 2022 october 10 2022
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answered on Mar 6, 2023

Normally, an order is effective from the date it is signed and going forward. However, with a nunc pro tunc order, it means that the order signed (here, on October 10, 2022) is not effective from that day, but rather, retroactively effective from a date back in time (from September 22, 2022, in... Read more »

1 Answer | Asked in DUI / DWI for Georgia on
Q: What exactly is a bench trial and is it common to go right from arraignment directly to one for a DUI? Pleas anywhere?
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answered on Mar 6, 2023

A bench trial is a judge trial, where the judge makes the ultimate determination as to whether you are guilty or not. This is opposed to a jury trial, where a jury of citizens is brought in to listen to the case, and they make that decision.

Unless you (or your attorney) have filed...
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2 Answers | Asked in Traffic Tickets for Georgia on
Q: How much is a speeding ticket in Georgia tift county 92 in a 70 with code 40-6-181. Nothing said about super speeder law
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answered on Mar 3, 2023

Most speeding fines are imposed according to a schedule, but the amount varies from jurisdiction to jurisdiction. If you want to know ahead of court, you can call the clerk and ask them the fine amount.

Your speed does indeed qualify this as a "super speeder" ticket. That...
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2 Answers | Asked in Criminal Law for Georgia on
Q: If they go to court after it over do u get ur money back u put up to get them out

We pay 3000. Dollar and they did not give it back

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answered on Mar 1, 2023

Once the case is over (either dismissed, or a plea or conviction is entered), the bond is returned to the person or people posting it. However, if you went through a bonding company to make bail, then the money you paid (typically 10-12% of the total bond) was a fee for them to post the entire... Read more »

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1 Answer | Asked in Criminal Law for Georgia on
Q: My question relates to a ruling from the court. I went to Twitter first. Unmitigated disaster.

Recently in the Alex Murdaugh trial Judge Newman objected sua sponte to a leading question by defense counsel. I’ve seen judges do this with Pro Se litigants before but never for the state.

To my non-lawyer brain this seemed highly objectionable. Did this violate judicial ethics and the... Read more »

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answered on Feb 26, 2023

Judges have broad discretion in the way they run their courtroom and in trying cases. I didn't see the specific example you gave, but it is not uncommon for judges to summarily shut down a question (or line of questions) without first hearing an objection from the other side. Judges are not... Read more »

2 Answers | Asked in Criminal Law and Legal Malpractice for Georgia on
Q: Can a lawyer write a statement for someone that gets the lawyer out of a felony but put's the person who signed in troub

I started dating a lawyer while I was going through a divorce. During the relationship I tried reconciling with my wife. I broke up with the lawyer and she trashed my house to the point of a felony property damage. My reconciliation didn't last and I ended up back with the lawyer. Because of... Read more »

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answered on Feb 20, 2023

There's a lot to unpack here, but briefly:

1. Your ex committed at least a few crimes (obstruction of justice, tampering with a witness, et. al) by manufacturing a false document she knew would be used in a legal investigation(s).

2. You committed obstruction of justice and...
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1 Answer | Asked in Criminal Law for Georgia on
Q: I did not have a preliminary hearing,and I did not get out on bond. Is this a violation of my right
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answered on Feb 17, 2023

We would need to know a little bit more about your circumstances to give an opinion. Under Georgia law, a preliminary hearing is required in some situations, and sometimes it not not. Likewise, there are circumstances where you would be entitled to a bond in your case, and others where there would... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: Can one use first offender for voluntary manslaughter and possessing a firearm during commission of a crime?

To include if the individual has never been convicted of a felony.

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answered on Feb 17, 2023

In Georgia, first-time offenders may enter a guilty plea under the First Offender Act; to qualify, one must have never been previously convicted of a felony or have taken advantage of the First Offender Act in the past. Additionally, certainly serious offenses are specifically excluded from taking... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: If I am aware of a felon who is living in my home and they own a gun am I obligated to report it?
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answered on Jun 7, 2023

Generally, there is no duty to report a crime in Georgia. There are some exceptions that require certain professionals to report specific crimes in some cases, but otherwise there would be no (legal) obligation on your part to report the individual.

1 Answer | Asked in Criminal Law for Georgia on
Q: I am inquiring about a final disposition that states, Disposition ACCUSATION (2019-10-25; Other), need clarification?

I was arrested on 06-19-2019 and charged with possession of a firearm by a convicted felon, released less than 24 hours later on a signature bond from DeKalb County Jail, the whole thing was corrupt and wasn't indicted until December of 2019. I waived formal arraignment, plead not guilty, and... Read more »

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answered on Jun 2, 2023

You should contact the clerk of Superior Court for DeKalb county and get a copy of the final disposition for the case. That document will indicate how the case was resolved.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Domestic Violence for Georgia on
Q: Is a 911 tape acceptable to be play at trial by victim that been drinking?
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answered on May 21, 2023

Whether or not the tape would be admissible would depend on why it's being offered. However, generally speaking, the fact that the person on the tape had been drinking would not in itself make it inadmissible.

3 Answers | Asked in Criminal Law, Family Law, Child Custody and Juvenile Law for Georgia on
Q: 2 Fridays ago, my daughters half brother asked if he could spend the night. We picked him up not knowing he snuck out.

His mom applied for a warrant and now there's a pre warrant hearing. I honestly didn't know. Do I need an attorney?

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answered on May 15, 2023

It sounds like you have a good defense. That being said--it is a criminal hearing and if for some reason the judge finds probable cause to issue a warrant--you may be arrested right then and there. If you want to nip this in the bud and avoid a charge (and/or being arrested), your best best is... Read more »

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