I filed a motion to dismiss my case and suppress the evidence because the warrant was served illegally because the officers did not have a "No knock" warrant thus making the search illegal. The judge denied my motion to suppress and denied the dismissal of my case.
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answered on Apr 5, 2024
It sounds like from what you described that the police did have a valid warrant, but that it was executed without knocking. It's really not possible for an attorney to figure out what exactly happened here without more information. There may have been circumstances that allowed the police to... View More 
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answered on Mar 31, 2024
Trafficking in methamphetamine carries a mandatory minimum prison sentence. That means the judge must sentence the person convicted to serve at least a certain amount of time, depending on the amount of methamphetamine. The minimum starts at 10 years, and goes up to 25 years.
The way to... View More
I have also a picture with my uber blue sign if needed
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answered on Mar 16, 2024
Georgia law says you can't have blue lights on your vehicle unless you have authorization from the state. There is no "Uber driver" exception. You can go to court and talk to the prosecutor about it, and perhaps they would reduce or dismiss the ticket, but technically it's... View More
Received a ticket and want to use my Right to travel without paying a fine.
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answered on Mar 7, 2024
No. Those sovereign-citizen videos are worthless. You have a constitutional right to travel-you do NOT have a right to travel in a motorized vehicle on the public roadways without having a valid license, registration and proof of insurance. Most courts these days are wise to the sov-cit script,... View More
And why didn't the person that stold my license go to jail that night goin 90 in a 40..how can I get this fixed
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answered on Feb 27, 2024
You can go the the court and request a copy of the citation from the clerk's office. That will have the made, model and license plate of the car that was stopped. Going 90 in 40 could end up getting someone arrested-but it's not required, and that decision would likely be up the officer... View More
He was charged with minor consumption and public disturbance charges.
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answered on Feb 26, 2024
I'm not sure that "I was under the influence when I admitted guilt" is a winning defense for a "minor under the influence" or a "public disturbance" charge. If you're arguing that you are too intoxicated to be believed at the time you made the confession-why... View More
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answered on Feb 19, 2024
Exceeding the speed limit by 25 miles an hour carries 4 points, and unfortunately, any conviction for an offense that carries 4 points or more is an automatic suspension license for an under-21 driver.
You should consider contacting and retaining an experienced attorney, who may be able... View More
Been on probation for 11 months. Less than a month left.
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answered on Feb 18, 2024
If your probation officer filed what is called a "tolling affidavit," your probation will not expire in a month. Rather, it has been placed "on hold" and that warrant will stay active until you turn yourself in or get caught. People never seem to get caught at a convenient... View More
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answered on Feb 15, 2024
It could be either, depending on the facts and circumstances of the rental and why it wasn't returned. It would be up to the attorneys on both sides (and perhaps, ultimately-a fact-finding jury or judge at trial) to determine whether there was any criminal intent behind the failure to return... View More
I am a current law school application that just found out I have an open case for 2020 traffic offense. And I’m now trying to address in my social conduct statement for schools regarding my character and fitness
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answered on Feb 3, 2024
Contact the clerk of court for where the failure to appear is and ask how you can resolve the failure to appear. And then get it done ASAP! Sometimes you can just pay it off, although you may have to make an appearance to get it set aside-depending on the judge and/or the court's local rules.... View More
Searched my phone and then once bailed it was not returned to me nor was any warrant issued. Wouldn’t that be theft?
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answered on Jan 11, 2024
It sounds more like the police believe there is evidence of a crime on your phone, and they are holding it to potentially use it against you (or another) for that reason in court. Unless the prosecutors make a motion to forfeit the phone-it should be returned to you at the conclusion of your case.... View More
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answered on Jan 8, 2024
A rule NISI filed by your attorney is a basically a request where your attorney (in this case, who filed it) is asking for a hearing on whatever motion accompanied the rule NISI (a motion for new trial, in this case.) If the judge set a date for it-that just means that a hearing has been... View More
I had gotten a citation for going over the speed limit on a school zone in the mail. I just wanted to know what other misdemeanors/ citations get sent out in the mail.
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answered on Dec 24, 2023
Typically, these tickets (with photos taken with a speed-detection camera) are not actually misdemeanors; in fact, they are not criminal, and do not go on your driving record. The ticket should indicate whether it is criminal or not in the language. However, even if it is not criminal, but a... View More
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answered on Dec 7, 2023
Possession of drug-related objects is a misdemeanor, meeting the maximum punishment of 12 months in jail and $1,000 fine. As to what sentence one might expect to receive, that would depend on the defendants prior record, any additional charges that may be brought along with the charge, and other... View More
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answered on Dec 7, 2023
There are actually several scenarios in which police can search your car without a warrant or your permission. One example would include an inventory search, where the driver is being arrested and the car is going to be towed. If the officer observed contraband in plain sight, that would be a... View More
The officer threatened me with jail to sign my name as it appears on my state driver's license during a traffic citation and not to write no contract on the citation.
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answered on Dec 1, 2023
Most traffic violations in Georgia are misdemeanors (that is, punishable by a fine of up to $1,000 and up to 12 months in custody).
OCGA § 40-13-2.1 is the relevant statute:
"(a) A person who is issued a citation as provided in this chapter or Code Section 17-6-11, relating... View More
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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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