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answered on Nov 8, 2023
Yes, I believe it could be charged as a felony.
Georgia Code § 16-10-56 reads:
"No person legally confined to a penal institution shall commit an unlawful act of violence or any other act in a violent or tumultuous manner in a penal institution Any person who violates this... View More 
Indictment reduced from felony murder to involuntary manslaughter.
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answered on Nov 3, 2023
A blind plea is a non-negotiated plea. The defendant and the state do not agree on what the sentence should be. On a blind plea, the prosecution will argue what the defendant should be sentenced to, and then the defense argues for what they believe the sentence should be. After, the judge will make... View More
I know he does it in purpose because he waits until he sees us leave. Is there a law against that?
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answered on Nov 3, 2023
If you want to take legal action against the neighbor, I would encourage you to take a notebook (or electronic version) and start making a log of each day and time it happens.
Stalking is a crime in Georgia. Under the law, a "person commits the offense of stalking when he or... View More
the investigation with no charges being brought or recommended by the da close the whole case? Do the statute of limitations apply to a criminal investigation that is closed?
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answered on Nov 1, 2023
The closing of the investigation does not "close the whole case." If the GBI and/or the DA close their investigation into a matter, they can still re-open it (and routinely do). For example, sometimes a new, previously unknown witness emerges or other evidence is gathered that was not... View More
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answered on Oct 31, 2023
No. Until the indictment is filed, you won't know what charges are even being brought against you. The district attorney's office is free to add, remove, or amend charges as they see fit.
You would be putting the cart before the horse; until the state provides you with the... View More
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answered on Oct 19, 2023
Identity fraud is using the identifying information of another person with the intent to commit or facilitate the commission of a crime or fraud on another person.
16-9-21 concerns check fraud. It's the statute that makes it illegal to create, write or present a check (or debit card... View More
The police report states there are photos, but the PIO for county will not provide those nor the body cam to me for my defense siting OCGA 50-18-72(a). I'm told the prosecutor will provide them. If my accuser (the plaintiff) is the "prosecutor" and we have a mutual restraining... View More
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answered on Oct 9, 2023
Typically, there is no prosecutor at a warrant application hearing. To get what you want, you will need to go to the magistrate court's office and obtain two subpoenas; one, a "subpoena ad testificandum" to serve on the officer who was at the scene to make him/her appear at court,... View More
My son got a ride from someone and was flying at high speed on freeway police gave chase. The guy driving took off and left them in the dirt. They pulled over in a field of a new motel the driver ran and my son was caught going back in the car to get his wallet. The car was a stolen vehicle. My son... View More
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answered on Oct 6, 2023
First, Tennessee law and Georgia have different laws, but it will generally be the same in both cases for a situation like this.
First, keep in mind that the amount of proof police need to arrest someone is much lower than is needed to actually convict someone in court. To arrest... View More
I was cited for an improper lane change causing an accident. The person who struck me said I turned into her, but really she rear ended me, trying to obtain video footage from that collision, but if I can prove that I had completed my turn and was established in my lane before I was struck, can I... View More
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answered on Oct 4, 2023
Your question actually has two different answers; for "improper lane change," causing a wreck is not actually one of the elements of the charge. People get issued improper lane change tickets without causing an accident all the time. The issue of whether or not your lane change caused... View More
also had a meth pipe on me but did not have any meth on me
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answered on Oct 1, 2023
DUI is a misdemeanor, so the maximum punishment is 12 months in jail and a $1,000 fine. However, it's rare that anyone is sentenced to the maximum. Most places sentence first-time DUI offenders to between 24 and 72 hours in custody, a fine that totals around $600 (which becomes about double... View More
They said the ticket occurred at a school zone. I found out about it from the DMV office, and I was told by the ticket collection agency that I cannot appeal because it’s been more than 60 days since they sent the notice by mail. They claimed that I was going 40 mph in a 25 mph zone. My car... View More
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answered on Sep 29, 2023
These tickets are civil infractions, not criminal; they do not go on your driving record are not considered "convictions." You were apparently issued a citation, which was mailed and a court date scheduled; I understand that your position is that you did not receive the notice, but... View More
My previous attorney is no longer practicing and the person I have been corresponding with via email in this office is not giving me any details. Only that she reached out to the ADA. I completed my requirements but Community Service is not releasing me from probation. I'm being told by the PO... View More
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answered on Sep 27, 2023
I think you need a copy of your case disposition. If your original sentence was that your probation was to be suspended upon completion of those terms, that should be spelled out on the sentence sheet. Your probation officer should have a copy of that document in your file, but if not--you can go... View More
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answered on Sep 27, 2023
First, public defenders are lawyers, the same as private counsel. That being said, unfortunately many public defender officers are under-funded and overwhelmed with work. Your public defender will give your case the minimum amount of attention the law requires, but more than that? That depends... View More
Incarcerated and held for 7 days before Miranda rights were read to him, was walking out of a store when arrested so entrapment Co defendant released by his po because he stated was a wrongful arrest
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answered on Sep 27, 2023
Miranda only applies if the police question you. If you are arrested and they don't mirandaize you before questioning you, then You can challenge the admissibility of those statements.
If you are held for 90 days without indictment, you can file a motion with the court for bond and the... View More
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answered on Sep 23, 2023
When you enter into a negotiated plea on a criminal case, you give up a lot of rights, including the right to contest the charges. You can file an appeal, but appeals are only granted when the petitioner can sufficiently show the court that the plea was either not actually knowingly and... View More
There was a complaint against me for following who I didn’t know was a minor in my neighborhood to find out where they live so the HOA (I was the VP of the board) can issue a violation because they continuously let their dog poop on lawns in the subdivision. It was posted on our community board... View More
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answered on Sep 23, 2023
Can you be charged? Sure. Your situation proved that much. It's also probably enough for a conviction too; obstruction can be proven by showing that an individual willfully ignored a lawful order given by an officer in the course of their conducting of an investigation. Sounds like... View More
How likely will i get jail time for contributing to the delinquency of a minor?
My niece was fighting another minor and a video caught me having an argument and i was charged for being there on the scene before the minors started fighting. I never had a charge before
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answered on Sep 13, 2023
Whether or not someone receives jail time for a conviction depends on a variety of conditions, including (but not limited to) the defendant's prior criminal history, the nature of the offense, whether there were injuries to the victims, and if so-the extent of those injuries, the county the... View More
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answered on Sep 10, 2023
That answer depends on several factors. A first time offense is between 2 to 30 years in prison, although that may be probated. Sentencing factors include prior criminal history and which county you are charged in. Criminal sentences can vary substantially from county to county for the same... View More
I was told by the “advocate” at my local solicitor generals office that the solicitor does not have the power to change/add charges. My ex is being tried for FV Simple Battery with previous conviction of FV Battery amongst other violent felonies. Due to him bonding out with no conditions to... View More
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answered on Sep 9, 2023
The solicitor's office does have the authority to add, remove, or modify charges as they see appropriate. It happens all the time.
Furthermore, if they believe a charge should be a felony (such a domestic violence charge for someone who has a prior conviction for domestic violence)-The... View More
Their charges are 16-13-30j and 16-13-32.2
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answered on Sep 3, 2023
Under OCGA 17-4-26, the arresting law enforcement officer has 72 hours to bring the person before a judge for first appearance-assuming the resting officer has a warrant. The 72 hour rule applies even if the arresting officer obtained the warrant after the arrest. It's likely that a charge... View More
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