...and then 2) If the car is found to not be currently insured, can the PO wait until the car is driven to issue a ticket, or does he have an obligation to prevent the crime? (Since I was standing and sitting near or in the car for a few hours prior to driving and saw the officer / made eye contact... View More 
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answered on Jul 28, 2023
Yes, you have no right to privacy over your license plate. It's observable to the public so you have no expectation of privacy. Furthermore, some police now have technology in their vehicles that automatically scans all the license plates around the police car, runs them, and then alerts the... View More
6 months after being arrested I got called by my pretrial officer saying that im not longer apart of pretrial services and I get a letter in mail saying I’ve been unindicted from my charges can I travel ?
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answered on Jul 28, 2023
If you don't have an active warrant for your arrest, TSA is not going to mess with you. However, if you are on bond, your agreement with your bondsman may be that you must contact them for permission before you leave the state. So you might want to give them a heads up before you go anywhere..
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answered on Jul 27, 2023
It would really depend on what the lie was about and what impact it may have had. And of course, how long ago this all happened. Not only do you have to determine if there is something that you can do about it, you also have to determine whether or not you haven't missed your deadline to do... View More
According to the georgia.gov website, super speeders are "drivers ticketed for traveling 75 mph or faster on a 2-lane road or 85 mph or faster on other roads or highways." If I was going 80 on a 45, which happened to be two lanes on either side of a median (4 lanes in total), is this a... View More
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answered on Jun 30, 2023
The ticket is not technically a "super speeder," but at 17 years old, there can be serious consequences for a speeding violation of 35 miles over the limit. The specifics will depend on what particular court your case is in; I would recommend that you speak to an attorney who has the... View More
My partner and I got into an argument about a month ago and he swung his arm out giving me a bloody, black eye. I was shocked as it was out of character of him, and proceeded to cooperate with inveterate to obtain an arrest warrant. I do believe it to be an accident after sitting down and speaking... View More
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answered on Jun 25, 2023
It's not likely at all to happen that way; originally, either you or something else must have led the investigators to believe that it was not an accident, or they would not have had probable cause to take the warrant to a judge for signature.
At this point, it is a domestic violence... View More
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answered on Jun 22, 2023
The elements of deposit account fraud are 1. that the accused wrote or paid someone/some place with a check that 2. they knew wouldn't be honored by the bank when deposited. The fact that the check was from an LLC business account might may be part of a defense to the charge, but otherwise... View More
But come to court and denied making and contact with law enforcement or even giving a statement
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answered on Jun 19, 2023
The credibility of a witness in a probation revocation is up to the judge, and he/she is free to decide which of the statements is the more believable. He/she can believe some, all, or none of any given statement and decide on a witness's credibility.
That the burden of proof in a... View More
I have 3 pending felony charges. One from 2020 and two from 2022. One count of fleeing or attempting to elude law enforcement (2020). Two counts of sexual exploitation of a minor (2022). I am currently in school for my cdl. Many of the truck driving applications I have filled out are asking if I... View More
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answered on May 10, 2023
I don't know that it's necessarily illegal to lie on a job application, as they are not legal documents, but I would expect most truck companies would want to run a background check on you before they actually hire you--regardless of how you answer that question. If that's the... View More
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answered on May 1, 2023
Yes, you must enter a guilty plea to take advantage of the First Offender Act. However, adjudication is withheld for the plea--that's a fancy way of saying "the court takes the plea, but doesn't formally enter it on the record" while the terms of the sentence are met. If you... View More
Does hearing get waived?
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answered on Apr 4, 2023
At an ALS hearing, the court, after reviewing your appeal and any evidence you may have submitted, will hear testimony from the officer and from you/your attorney. The court will then typically issue a ruling.
Often, the ALS hearing is the first opportunity for the attorneys to speak with... View More
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answered on Mar 31, 2023
It can be, but attorneys seldom have all of the evidence by that state in the process. Most DUI cases are plead "not guilty" at arraignment so that the attorney has the opportunity to review the evidence and then try to negotiate a deal with the prosecutor.
Of course, there are... View More
I'm being charged with a felony because the state owns the lottery tickets. However the actual amount that was missing was only 50$. The state says it's a misdemeanor unless the amount reaches over 500$. How come I'm being charged with a felony if the amount isn't over 500$? Is... View More
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answered on Mar 29, 2023
While the value of the lottery tickets may have been below the felony threshold of $500, it's can be a felony to steal lottery tickets under OCGA § 50-27-27(b):
"any person who influences or attempts to influence the winning of a prize through the use of coercion, fraud,... View More
I happened to walk outside at around 1:15 p.m. and was met by law enforcement who detained me, and I had closed my door behind me. They had a warrant for my arrest. And arrested me, directly after they entered my home uninvited, and searched it. The search warrant was signed off on at approximately... View More
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answered on Mar 26, 2023
It would be irresponsible for any attorney to give an opinion on the legality of a particular entry and/or search without first having the opportunity to examine the evidence and the relevant law. That being said, there do exist certain legal justifications that would allow police to enter a home... View More
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answered on Mar 14, 2023
Yes, you can be charged (and convicted) even if you were not physically caught with the merchandise. Under Georgia law O.C.G.A. § 16-8-14, shoplifting includes all of the following:
Conceals or takes possession of the goods or merchandise of any store or retail establishment;... View More
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answered on Mar 7, 2023
The specific process can vary from court to court, county to county, but generally after arraignment the next court date would be a motions hearing date. After that, you would have a pretrial conference date if your court holds them. Otherwise, if you requested a bench trial, your next court date... View More
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answered on Mar 6, 2023
Normally, an order is effective from the date it is signed and going forward. However, with a nunc pro tunc order, it means that the order signed (here, on October 10, 2022) is not effective from that day, but rather, retroactively effective from a date back in time (from September 22, 2022, in... View More
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answered on Mar 6, 2023
A bench trial is a judge trial, where the judge makes the ultimate determination as to whether you are guilty or not. This is opposed to a jury trial, where a jury of citizens is brought in to listen to the case, and they make that decision.
Unless you (or your attorney) have filed... View More
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answered on Mar 3, 2023
Most speeding fines are imposed according to a schedule, but the amount varies from jurisdiction to jurisdiction. If you want to know ahead of court, you can call the clerk and ask them the fine amount.
Your speed does indeed qualify this as a "super speeder" ticket. That... View More
We pay 3000. Dollar and they did not give it back
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answered on Mar 1, 2023
Once the case is over (either dismissed, or a plea or conviction is entered), the bond is returned to the person or people posting it. However, if you went through a bonding company to make bail, then the money you paid (typically 10-12% of the total bond) was a fee for them to post the entire... View More
Recently in the Alex Murdaugh trial Judge Newman objected sua sponte to a leading question by defense counsel. I’ve seen judges do this with Pro Se litigants before but never for the state.
To my non-lawyer brain this seemed highly objectionable. Did this violate judicial ethics and the... View More
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answered on Feb 26, 2023
Judges have broad discretion in the way they run their courtroom and in trying cases. I didn't see the specific example you gave, but it is not uncommon for judges to summarily shut down a question (or line of questions) without first hearing an objection from the other side. Judges are not... View More
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