Stone Mountain, GA asked in Civil Litigation and Criminal Law for Georgia

Q: My Mom was charged with two counts of Obstruction of law enforcement and sentenced to 12 months in a county jail and 12

Months probation after. What lead up to that was officers THINKING she was someone she clearly wasn't. They wanted her to put her finger on a fingerprint scanner, but she did not because she WAS NOT whomever they thought she was. What can I do?! Is this right?! She has NEVER been in trouble before this incident.

1 Lawyer Answer
William C. Head
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Answered
  • Criminal Law Lawyer
  • Sandy Springs, GA
  • Licensed in Georgia

A: Asking after conviction is the wrong time to seek a criminal defense attorney.

A 12 months sentence indicates to me that physical resistance by your mother occurred, and an officer was (in some way struck or injured). This is what it takes it to be a felony in Georgia.

If the sentence was imposed within 30 days, a direct appeal is possible. But, if she pled guilty, then nothing to appeal. The judge sentences, and has wide discretion.

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