Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Lynne Fleming
1 Answer | Asked in Criminal Law for Georgia on
Q: (Subpoena for Attendance of Witnesses) 1) Can you decline a subpoena in Georgia? 2) Can you testify in secret?

If a person is afraid because of possible retaliation can they testify outside of the visibility of the people in the courtroom?

The concern is because of the type of issue, offense and people involved.

Lynne Fleming
PREMIUM
Lynne Fleming pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 10, 2024

No, you cannot disregard a subpoena. The court can and will hold a witness in contempt for violating a court order or subpoena to attend.

Also, pursuant to the Constitution, a defendant has the right confront or to look a testifying witness in the eye and cross exam him or her, so no you...
View More

1 Answer | Asked in Criminal Law for Georgia on
Q: How likely is the defendant to get Probation?

My son's father stabbed my multiple times two years ago he has four felony charges and one misdemeanor from the incident. But he has a clean record. The case has been moving slow as they only told me about one plea deal. Which was given at his arraignment trial. He has been out on bond for... View More

Lynne Fleming
PREMIUM
Lynne Fleming pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 7, 2024

In order to completely answer this question, I would need to know exactly what the charges are. However, I can tell you that there are mandatory minimum terms of incarceration for certain types of aggravated assault. That means , he would not be eligible for probation if convicted.

For...
View More

2 Answers | Asked in DUI / DWI for Georgia on
Q: Can you get a dui if you’re in your house and there is no proof of your driving the car under the influence
Lynne Fleming
PREMIUM
Lynne Fleming pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 29, 2023

Although you maybe charged on a DUI based on circumstantial evidence and perhaps eyewitness testimony, you may have defenses to help avoid an actual conviction.

Without knowing all the facts, I can not say definitively whether this is true in your particular case.

View More Answers

2 Answers | Asked in Traffic Tickets for Georgia on
Q: Can an officer demand you to sign your signature on a citation during a traffic stop in the state of Georgia?

The officer threatened me with jail to sign my name as it appears on my state driver's license during a traffic citation and not to write no contract on the citation.

Lynne Fleming
PREMIUM
Lynne Fleming pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 1, 2023

Yes, in Georgia, an officer can tell you to sign a citation or threaten to arrest you. Your signature simply acknowledges receipt of the citation- it is not an admission of guilt.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.