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Questions Answered by Glenn T. Stern
1 Answer | Asked in Civil Litigation and Criminal Law for Georgia on
Q: How to file civil claim for assault by coworker without DOB/address in GA?

I am trying to file a civil claim related to an assault by a coworker in Fulton County, GA, with the intention of pressing charges. A police report has already been filed, and I know the coworker's full name and place of employment, but I do not have their date of birth or address. How can I... View More

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answered on Mar 6, 2025

You need to go down to the Fulton County courthouse and fill out a "Warrant Application Form." The fee is $20. The office is file the form is located in the Carnes Building, 160 Pryor Street, Room J150. You have to fill out the form, then go next door to the accounting office in the... View More

1 Answer | Asked in Traffic Tickets for Georgia on
Q: How much is the fine for driving with wrong plates in Georgia?

I received a ticket in Georgia for knowingly driving with wrong plates on my car. This was my first offense, and my car was insured but had an expired tag. I'm not planning to contest the ticket and just want to know how much the fine will be. What should I expect to pay?

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answered on Feb 28, 2025

Define can be anywhere from zero to $1,000, and it varies from jurisdiction to jurisdiction. You can call the court that has the ticket and speak to one of the clerks about it. Often, there is a schedule for the fines and they can tell you how much it is in that court before you have to show up.

1 Answer | Asked in Criminal Law for Georgia on
Q: Legal to have spouse's handgun in car in GA?

Is it legal for me, as a 20-year-old, to have a handgun that is legally registered to my 22-year-old spouse in our car if we live in the same household in Georgia, and the gun will remain in the vehicle when in use?

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answered on Feb 27, 2025

No, unless perhaps the gun is secured in a locked safe that you do not have access to. While you are driving a motor vehicle, under the law you have possession, access and control of any items also found in that car. So while you may not "own" the gun, you are "possessing" it... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: Can I carry at 19 using a out of state ccw permit

If I get a out of state ccw permit from a state that allows carry under the age of 21 can I then carry in GA as a 19 y/o?

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answered on Jan 13, 2025

No. Georgia is a constitutional carry state, which means you do not even need a permit to carry a concealed firearm if you're over 21 and otherwise allowed to have a firearm.

That being so, if you have a concealed carry permit from another state, reciprocity would mean that Georgia...
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2 Answers | Asked in Criminal Law and Federal Crimes for Georgia on
Q: So my fiancé was pull over in camden county last year in November 19 2024. He went to court they denied his first bond.

These are his changes. Improper Lane Change/Failure to Maintain Lane

Trafficking in Cocaine, Illegal Drugs, Marijuana, or Methamphetamine. I wanna know what they gonna do like he need a lawyer bad to help us

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answered on Jan 12, 2025

He did not get a bond because of the trafficking charge. Magistrate courts are not authorized to give a bond for someone charged with trafficking because only a Superior court can issue a bond on those cases. Practically speaking, a bond motion that needs to be filed on his behalf and then... View More

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2 Answers | Asked in Criminal Law and Federal Crimes for Georgia on
Q: Can you get a bond with a felony? What happens if you already out on a first offender misdemeanor bond and get a felony?

First misdemeanor marijuana charge and the felony charge is a pill.

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answered on Jan 12, 2025

Sure-under those circumstances you "can" get a bond. There's nothing in the law that says the court cannot give you a bond under those circumstances. However, if the prosecutor/court knows or finds out that you picked up a new felony charge while out on misdemeanor probation, they... View More

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1 Answer | Asked in Traffic Tickets for Georgia on
Q: If my mother let me borrow her car knowing it had no insurance or valid tag and i got tickets for both, what do i do?

My mother is elderly with memory problems. My older sister handles her finances and affairs. My mother stopped driving and I borrowed her car with her permission a few times. My sister stopped paying the insurance, allowing it to lapse and the registration to become suspended and did not tell... View More

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answered on Jan 8, 2025

Unfortunately, traffic tickets like "no insurance" are known as "strict liability" offenses. That means that knowledge and/or intent are not elements of the offense. In other words-it does not matter whether you knew a car had insurance-only that you drove the car without... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: I was arrested at a store where I had stopped to use the restroom and get something to eat. I was detained for loitering

I had an outstanding warrant I just feel like I was illegally detained and was forced to identify myself in Georgia

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answered on Dec 10, 2024

Unfortunately, whether you were initially detained illegally for the loitering, that will not halt the state's ability to arrest and prosecute you for an active warrant.

Police are allowed to require you to identify yourself if they have reasonable suspicion that you may have...
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1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: Can an investigator search your residence simply on the basis of a fourth amendment waiver. Even if there is no GFS?

Investigators stated it's your unlucky day we're doing it by lottery and we're searching everyone in the neighborhood that has the fourth waiver. Probation officer was unaware they were doing this and is still unaware

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answered on Nov 14, 2024

Normally, you would be protected from such a search by the Fourth Amendment. However, with such a waiver, it usually means you've specifically signed away any right you would otherwise have to contest a search by probation or any law enforcement officer as a term of probation. Probation is an... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: How likely is it that my partner will receive bond?

He was arrested on a simple battery warrant l, paid the bail for that—but today was transferred to another county to satisfy a battery warrant. I was the victim in both cases, I just want to know how likely. I am praying he gets bond for this county.

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answered on Nov 7, 2024

I would say it's probably pretty likely, assuming the other battery warrant is also for a misdemeanor. If you really wanted to stack the deck in his favor, you could reach out to the prosecutor's office and tell them that you are the victim in the case and that you want them to give him a bond.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: "Rendering a portion of the body useless" is an essential element of agg. battery. What cases definitively state this?
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answered on Oct 27, 2024

Any case that might state this would merely be referring to the actual language of the statute (OCGA 16-6-24(a)), which provides:

"A person commits the offense of aggravated battery when he or she maliciously causes bodily harm to another by depriving him or her of a member of his or...
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1 Answer | Asked in Criminal Law for Georgia on
Q: If my arrest warrant attached Affidavit does not provide any information on How officer knows defendant committed crime

Affidavit does not provide any information on why officer believes this occurred?

That is upon what do officer base his belief?

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answered on Oct 25, 2024

Under Georgia law (OCGA 17-4-45), an affidavit in support of an arrest warrant is only required to identify the county where the affidavit is being filed; the name of the person making the affidavit; a statement affirming that the affiant is making the affidavit under oath; the name of the person... View More

1 Answer | Asked in Traffic Tickets for Georgia on
Q: Do I have to sign a ticket in the state of Georgia

My friend and I were pulled over for going to slow in the left lane. Mine you there were no cars behind her, she had went around a truck and stayed in the left lane. The officer stated that she was driving to slow 48 in a 55 zone. Other cars need to pass that was going faster. The only cars were... View More

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answered on Oct 23, 2024

Signing a ticket is not an admission of guilt, but rather, acknowledgement of the court date on it. It is important to note that most moving violations in Georgia are considered criminal misdemeanors, meaning that they are punishable by up to 12 months in jail and a $1,000 fine. Additionally,... View More

1 Answer | Asked in Traffic Tickets for Georgia on
Q: How to I file an appeal for a bench trial which is a jury trial right now?

I (uneducated about the difference) requested a jury trial when I was asked if I wanted a jury or bench trial. I’m wondering how I can file an appeal.

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answered on Oct 21, 2024

If you filed the demand for jury trial in a city, recorders or magistrate court, your case may have already been transferred to a state or superior court for the trial. Regardless, you can switch to a bench trial merely by filing a document known as a "Waiver of Jury Trial" with the clerk... View More

1 Answer | Asked in Criminal Law and Health Care Law for Georgia on
Q: Can a mentally ill person be charged for battery while under 1013 from being combative resulting in injury of a nurse?
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answered on Oct 17, 2024

Yes. The standard of proof for an arrest is relatively low; the fact that the person may not be mentally sound is a defense to the charge, but not something that would prevent the charge from actually being made. Once the case makes it to court, the individual's attorney could then assert... View More

1 Answer | Asked in Criminal Law and Family Law for Georgia on
Q: What type of lawyer would o need in a criminal/domestic with kids involved?

My wife and I had a domestic dispute unfortunately in front of the children. My wife has a criminal defense attorney but I feel as I may need representation because of the circumstances what should I do?

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answered on Sep 26, 2024

You would probably also want to consult with a criminal defense attorney. Not only would one best understand the ins and outs of the case your wife is a defendant in, but would also be able to look out for your own personal interests in a way that her attorney would/could not. For example, if you... View More

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Georgia on
Q: My children and I have been subpeona to court for the state but we are not pursuing any charges?

My wife suffers from extreme mental health and we had a domestic dispute in front of our children. My wife was arrested and my children and I made some statements at the time that were not all the way true but we were mad and scared at the time of the incident. Now I have sent letters to the DA... View More

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answered on Sep 26, 2024

Both the police and the state treat domestic violence cases very seriously and are reluctant to drop them. Once they get involved, it becomes their case and they can proceed even without the consent or cooperation of the victim(s). You cannot simply ignore the subpoena. It may be wise for you to... View More

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Georgia on
Q: If a defend is on a no contact order and breaks that no contact order will the vic also be charged w/stalking?

Will a warrant also be issued for the victim for an aggravated stalking charge?

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answered on Sep 26, 2024

No, with a "no contact order," the victim is not under any legal order of the court. So, when a defendant is under a "no contact" order, even if the victim approaches them or contacts them, it is still that defendant's duty to avoid the contact or face consequences from the... View More

1 Answer | Asked in Traffic Tickets for Georgia on
Q: Do all vehicles got to have a third brake light to be on aby georgia roads. Most older cars doesn't have a third brake
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answered on Sep 23, 2024

The Federal government through the NHTSA mandated that all cars manufactured from 1986 and on to to have the third brake light. Georgia law requires that if a car was manufactured with two brake lights, both must be operational (OCGA 40-6-25(b)) and in general that all brake lights work properly... View More

2 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: felony probation and arrested for family violence simple battery bond out and then go to jail for vop. PO took 60 days

Will I get the 2 for 1 days at the county jail that offers this aminety. How do I make sure I am getting thr 2 for 1

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answered on Aug 29, 2024

There is no statewide or statutory role that people get two for one credit at a local jail. What does that happens is entirely up to the sheriff's department. You can always call the jail and ask them what their policy is, but it is unlikely that they will commit themselves by telling you... View More

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