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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
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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answered on Apr 16, 2024
OCGA 40-6-124(a) says you can use hand and arm signals or signal lights. However, if you are on a highway, larger vehicles as described must use lights. Specifically, OCGA 40-6-124(b) requires them
"when the distance from the center of the top of the steering post to the left... View More
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
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