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GA law: Is a traffic ticket automatically dismissed if the citing officer does not appear in court?
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answered on Jun 16, 2024
Even if it is not-the prosecutor can cure such a problem very quickly by simply filing their own accusation in court, which of course would be signed and valid.
As far as the officer appearing-officers are not usually subpoenaed to be in court for your initial appearance. On that day,... View More 
If I wanted to consider the documents I will be signing and put off signing for a week, will those in charge of my probation refuse to allow that? They won't permit me to see the documents I will sign ahead of time so I'm going in there blind. Will they just throw me in jail? If so, will... View More
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answered on Jun 16, 2024
You didn't say what the nature of the documents are, but it sounds like you are already on probation; you must remember that probation is an alternative to incarceration that the court has granted you-you aren't entitled to it, and it can be revoked and they can just send you to jail.... View More
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answered on May 29, 2024
Absolutely!
For misdemeanors, the state has up to two years from the date of the offense to charge someone with a crime. For felonies (depending on the nature of the crime) that timeline can be anywhere from 4 years from the date of the event to forever. Some charges (like murder) can... View More
Someone was arrested in my aunt's house for meth, they had it on them but once police entered the home they threw onto floor in my cousin's room. That person was arrested for prior charges and that meth charge, exactly a week later they return to my aunt's home and arrest my cousin... View More
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answered on May 29, 2024
Yes two different people could be arrested for one amount of drugs. The police only need probable cause to arrest someone, which is a very low standard of proof. Whether or not there is enough evidence to convict your cousin for possessing the meth is an entirely different matter. To do that, the... View More
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answered on May 20, 2024
No, there is no requirement of knowledge as an element of the offense under the law. Most traffic offenses (including this one) merely require that the offense be committed (e.g., it is not necessary that they prove you knew that you were speeding, only that you were speeding.)... View More
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answered on May 20, 2024
You have to pair your own motion (i.e. a written request), file one with the court, and then serve a copy upon the prosecutor's office. If you have an attorney, your attorney should be doing that for you. If you are representing yourself, you might want to go to the law library and read up on... View More
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answered on May 19, 2024
I wouldn't say it's a "clear" violation. There are many reasons why a witness would not be permitted to testify. For example, if the court determined that that they had no evidence to offer that was legally relevant to the elements of the charges before the judge or jury, that... View More
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answered on May 18, 2024
Yes, a witness statement alone can be sufficient for a conviction if the judge injury find the witness to be credible. It's would not be enough just to say "he did it" without more. They would need to be able to explain how they know he did it, but if the explanation was convincing,... View More
Is an indictment that charges Arm robbery without charging a weapon fatally defective
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answered on May 16, 2024
The answer is maybe. It's not a question that's easily answered without actually being able to read the indictment or knowing the actual facts of the case. But, for example, in Georgia a person can be convicted of armed robbery if the victim reasonably believed that the person did in... View More
And be released. Process?
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answered on May 15, 2024
In order to obtain retroactive first offender, a convicted person must show that at the time of sentencing they were eligible to receive first offender and they did not know they could have been sentenced under first offender. Additionally, the prosecution's office must consent to the... View More
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answered on May 15, 2024
Absolutely. A BB gun is considered an "object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury," so firing one at another person can be charged as an aggravated assault.
I was passenger in car with the driver and one more person they let me and the other passenger go after searching but found out month later I have warrant for drugs when the initially didn’t find drugs
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answered on May 15, 2024
If police search a car and find drugs, any and all passengers could be accused of "constructively" possessing them, even if the drugs were not found on their person or, in this case-released before the drugs were actually located. The burden of proof for "probable cause" is... View More
The person breaking up the fight was injured unintentionally by a knife. Is that aggravated assault.
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answered on May 12, 2024
It certainly could be. Under the doctrine of "transferred intent," if the person with the knife unlawfully intended to injure someone, but inadvertently hurt another victim-that intent to gets transferred to the victim he actually hurt. The actor doesn't get a pass because the... View More
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answered on May 9, 2024
Possession of a drug-related object (a pipe, for example) is a misdemeanor in Georgia. However, if there was meth residue in the pipe that was enough for them to test-you could also be charged with possession of methamphetamine, which is a felony.
My boyfriend was arrested on 05/03/2024 and he was sent to Clayton County Jail but I bonded him out on 05/06/2024. He was then sent to Henry County Jail. I have been trying to contact his probation officer but she hasn't been answering my phone calls or emails.
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answered on May 9, 2024
Potentially, on a second probation violation, a probationer could have the balance of whatever is left on the probated sentence revoked. Depending on how long is left on the sentence, that could be weeks or months. What is alleged to have occurred that violated probation is also a factor. It is not... View More
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answered on May 4, 2024
Yes. You must file a notice of appeal within 30 days after entry of the judgment of conviction and sentence.
You can also file a motion to withdraw a guilty plea. A motion to withdraw a plea of guilty must be filed before the end of the term of court in which the plea is entered. Your... View More
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answered on May 4, 2024
After the state provides sufficient notice, OCGA § 17-10-7 requires that a trial court sentence a defendant to the maximum under subsection (a) if the defendant already has a felony conviction and commits a new felony while incarcerated, or (c) on a subsequent felony conviction after a defendant... View More
I asked the court clerk in Locust Grove, Georgia for a Court Docket regarding my case and she sent me a case disposition instead. My potential employer is specifically asking for a court docket. The clerk said that she could not jeopardize the privacy of everyone involved.
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answered on May 1, 2024
You could file an open records request for the court's docket, but I can't imagine why a potential employer would even need it. Why would they need a list of all the cases/defendants/charges for the court that day? It sounds like this employer may be confused as to what a "court... View More
The court reporter failed to create record of plea hearing. Later, the prosecutor sent a proposed transcript to defendant. Defendant was given no certain time by which to respond. Nor was defendant made aware that the proposed transcript would become the true and official transcript if he did not... View More
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answered on Apr 30, 2024
Under Georgia law, reconstructed transcripts are governed by OCGA §5-6-41(g), which states
"Where a trial is not reported as referred to in subsections (b) and (c) of this Code section or where for any other reason the transcript of the proceedings is not obtainable and a transcript... View More
I had an appointment with a physician who utilized a website that does not display her name. I have been a patient for a specific practice for over a decade. I phoned that practice to schedule a visit with a physician who is part of that specific team. I received the appointment in April, 2024/... View More
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answered on Apr 21, 2024
Based on what you've described, I'm not sure who you would talk to-or even if you have a legitimate claim. In order to bring a valid lawsuit against someone, you first have to be able to establish that you actually suffered some sort of damages as a result of what happened. Feeling... View More
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