Asked in Criminal Law and Domestic Violence for Georgia

Q: Should I plea not guilty

So my granny was on the phone with my sister and I started to argue with my granny. My sister on the phone in anouther county hangs up and calls the police to our house. I get arrested for fva simple battery for taking the phone from granny and throwing it and criminal fva criminal trespassing for kicking the door. I have some kinda court tomorrow. Neither me or the victim granny want probation or anything to come of this. Can it be dismissed you think? Should I plea not guilty?

1 Lawyer Answer
Joshua Schiffer
Joshua Schiffer
  • Criminal Law Lawyer
  • Roswell, GA
  • Licensed in Georgia

A: You stand a very high chance at a successful resolution as long as you handle the situation properly. As DV cases are treated aggressively by most jurisdictions, they dont get "dismissed" very often without some back and forth between you and the State. It may be very reasonable to try and talk to the State yourself, however the more responsible and conservative route would be to have your lawyer do all the negotiations because the state agents you will be dealing with do NOT owe you any kind of duties to assist or protect your rights, and if you make a mistake that is going to add time and problems to your life. At a bare minimum I advise calling some local lawyers and getting some consults, even if you have to pay for them, as you can ask the local practitioners if the jurisdiction has standardized programs to address these very common cases where the victim does not want to proceed.

Lastly, if you have a prior DV, you will ABSOLUTELY want to have a lawyer as that is a very important factor for the state in evaluating your matter, and it gets really bad really quick if you dont get ahead of that issue.

Best of luck!


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.