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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
I started dating a lawyer while I was going through a divorce. During the relationship I tried reconciling with my wife. I broke up with the lawyer and she trashed my house to the point of a felony property damage. My reconciliation didn't last and I ended up back with the lawyer. Because of... View More
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answered on Feb 20, 2023
There's a lot to unpack here, but briefly:
1. Your ex committed at least a few crimes (obstruction of justice, tampering with a witness, et. al) by manufacturing a false document she knew would be used in a legal investigation(s).
2. You committed obstruction of justice and... View More
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answered on Feb 17, 2023
We would need to know a little bit more about your circumstances to give an opinion. Under Georgia law, a preliminary hearing is required in some situations, and sometimes it not not. Likewise, there are circumstances where you would be entitled to a bond in your case, and others where there would... View More
To include if the individual has never been convicted of a felony.
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answered on Feb 17, 2023
In Georgia, first-time offenders may enter a guilty plea under the First Offender Act; to qualify, one must have never been previously convicted of a felony or have taken advantage of the First Offender Act in the past. Additionally, certainly serious offenses are specifically excluded from taking... View More
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answered on May 19, 2024
Typically, no, but most tickets in Georgia are misdemeanors, punishable by up to $1,000 fine and 12 months in jail.
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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
Around 1pm, I was traveling at 46 mph through the school zone on 130 Killian Hill Rd NB, Lilburn Ga. School was in session that day. However, the 35 mph speed sign was not flashing. Should I have been ticketed by the red camera for going over 11+ mph of the posted speed limit?
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answered on Apr 8, 2024
School zones are usually designated with signs in addition to a flashing light. As long as the school zone is properly marked and designated, and it's within the posted times for the zone to be active, I don't think it matters whether the light is flashing or not.
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answered on Apr 5, 2024
Double jeopardy does not attach if a jury fails to reach a verdict (i.e. a "hung jury"). The state may retry the case if it so chooses.
My bf has two separate poss charges one in Douglas and one in bartow, Douglas has offered drug court or RSAT. He’s currently waiting to be transferred to Bartow from Cobb on a new misdemeanor. He missed court for the arraignment in bartow and had a FTA. So we want to take the drug court plea and... View More
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answered on Feb 27, 2024
Yes, I don't see a reason why a judge would not have the discretion to run one of those sentences concurrently.
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answered on Feb 5, 2024
The cards may not be redeemable, but they have value. The store that provides the gift cards has to pay money to purchase them from the manufacturer-they don't get them from the printer for free.
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