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Georgia Cannabis & Marijuana Law Questions & Answers
1 Answer | Asked in DUI / DWI, Cannabis & Marijuana Law and Civil Rights for Georgia on
Q: In chattooga county, can 40 degree weather with no jacket affect the sobriety test of walking in a straight line?

Would someone be able to get a dui charge dropped do to the weather?

James L. Arrasmith
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answered on Jan 29, 2024

Cold weather and lack of appropriate clothing can indeed affect a person's performance on sobriety tests, including walking in a straight line during a DUI investigation. Factors like shivering, muscle tension, and difficulty balancing can make it challenging to complete the test successfully.... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Cannabis & Marijuana Law and Civil Rights for Georgia on
Q: Can someone the age of 21 still qualify to use youthful offender?

In chattooga county Someone that is caught up with a dui, speeding, and distribution at 21 allow to use youthful offenders?

James L. Arrasmith
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answered on Jan 28, 2024

In Chattooga County, as in other parts of Georgia, the availability of the Youthful Offender status typically depends on the age of the individual at the time of the offense and the nature of the charges. The Youthful Offender status is generally reserved for those who commit certain crimes while... View More

1 Answer | Asked in Cannabis & Marijuana Law, Criminal Law and Federal Crimes for Georgia on
Q: Can i travel if I was charged with felony distribution of weed and got unindictment letter

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 ?

Glenn T. Stern
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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..

1 Answer | Asked in Cannabis & Marijuana Law and DUI / DWI for Georgia on
Q: i got a DUI/ marijuana i wqs parked engine turned off and keys not in the ignition what was his probable cause?

he stated that someone called in and said that i look intoxicated. i he gets me out of my vehicle but i refused the field sobriety test, breath test and blood test. there was no drugs in my possession but he still arrested me. with that said he also did not take my drivers license nor did he... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 9, 2023

You need an attorney to represent you. I recommend you contact several attorneys in your area that practice this type of law, as soon as possible. Thank you for using Justia ask a lawyer.

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Georgia on
Q: My boyfriend was arrested yesterday for violating his probation with positive drug test for weed. His PO said she

Would see him Monday or Tuesday what can we expect now. I'm so scared and need answers. This was his first time arrested for violating

Melaney LaGrone
Melaney LaGrone
answered on Feb 16, 2023

Any violation of probation can result in the court sentencing him to jail for the time that he has remaining on his probation. The probation officer can also ask the court or recommend to the court that he gets a pass and can continue on probation. Whatever decision made is up to his probation... View More

1 Answer | Asked in Criminal Law, Traffic Tickets and Cannabis & Marijuana Law for Georgia on
Q: Can a Georgia stat trooper pull your vehicle over for a missing signal light as being probable cause?
Morris  Margulis
Morris Margulis
answered on Jun 20, 2022

Yes, vehicle equipment violations are permissible reasons to initiate a traffic pullover.

What happens after that point is not necessarily fair game, however.

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Georgia on
Q: I got caught with 8.5 grams of weed at school. The weed was pacaged into 5 seprate pacages. I have no previus record

I found the weed in the bathroom and was going to turn it in but i got scared and didnt turn it in

Joshua Schiffer
Joshua Schiffer
answered on May 17, 2022

Thats gonna be something you want to handle very responsibly. 5 baggies means the administration is going to look at it as distribution/sale, and thats a MUCH bigger deal than just simple possession. You should look into acquiring a lawyer to assist you so that you do not make an innocent error... View More

3 Answers | Asked in Traffic Tickets, Admiralty / Maritime, Adoption and Cannabis & Marijuana Law for Georgia on
Q: Do I need a high powered attorney?

I definitely need a high powered attorney

Tim Akpinar
Tim Akpinar
answered on Dec 24, 2021

It's difficult to answer the question based on the information in the post - Admiralty/Maritime is included as a category, and it would be good to have an attorney with insight into maritime law if the matter involves vessels or activities on navigable waters. But there are other categories as... View More

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1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Georgia on
Q: Can I ask to see the evidence on my first court appearance?

The officer claims he found 6 roaches in my floor board, however I asked to see WHAT he found but he only explained WHERE he found them. I know for sure I vacuumed my vehicle out the previous day.

Joshua Schiffer
Joshua Schiffer
answered on Aug 26, 2021

Not really as First Appearance is VERY limited in scope. You get to see the charges as presented to the court through the initial warrant or UTC. They check your criminal history, confirm some stuff, and can set a bond on many charges (not all). There is not a place for you to contest anything... View More

1 Answer | Asked in Cannabis & Marijuana Law and DUI / DWI for Georgia on
Q: I have a DUI and a marijuana charge I have an arraignment tomorrow I don't have a lawyer so how should I plead.
Sam McRae
Sam McRae
answered on Jun 9, 2021

Depending on the court, you may be able to ask for more time to consult an attorney. If you qualify, you may consider applying for a public defender. Don't wait to consult an attorney on your case because certain deadlines will begin passing and put you in a disadvantageous position.

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Georgia on
Q: Does a 'Felony' come off of someone's record after a certain period? Can a marijuana sell/distribution be expunged?

In 2007, I was charged with a Drug Felony for Possession/Manufacturing/Sell/Distribution of Marijuana in Douglas County. They (Police) actually Kicked our doors in while I was @ work. I was called and had to leave out of surgery. When me and my mother got there; They had already left with my... View More

Meg Strickler
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answered on Dec 11, 2020

Unfortunately, in Georgia, you can no longer expunge your record. The new term is "restriction" and your case doesn't qualify for restriction. So, it will remain on your record.

1 Answer | Asked in Cannabis & Marijuana Law, Criminal Law and Probate for Georgia on
Q: If I smoked weed before being put on probation can I go to jail still?
Seth Meyerson
Seth Meyerson
answered on Sep 28, 2020

Conduct that occurred before your sentence cannot be validly used to violate your probation.

2 Answers | Asked in Criminal Law and Cannabis & Marijuana Law for Georgia on
Q: My boyfriend was parked on the wrong side of the road he was coming out of the house when an officer road by and made a

Uturn to tell him he couldn’t park where he was parked then he went on to ask him for his license and he told him to sit in the car he proceeded to do so his license came back good only for the officer to tell him he smelled marijuana well my boyfriend complied and told him there was marijuana in... View More

Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Aug 17, 2020

It was legal for the policeman to check his license and to ask him to get into his car. Since he was illegally parked, that was enough to “stop” him.

We wish you well.

-The Upshaw Law Firm, LLC. 770-240-0922.

WE ARE HERE TO SERVE!

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3 Answers | Asked in Cannabis & Marijuana Law and Criminal Law for Georgia on
Q: 1st offender charge w traf. Pot possible time? Is cbd same? Can age be a factor? 76 yr old. In GA
Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Feb 11, 2020

The answer is it depends. More information is needed about your case before a definitive answer can be provided. It is best to contact an attorney who can assist you with the specifics of your circumstances.

We are glad to assist you. Contact us whenever you are ready.

I wish you...
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1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Georgia on
Q: What should I do for a pending court date for a misdemeanor charge of weed in McDuffie co , Thomson Ga
Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Jan 25, 2020

It is best to contact an attorney as soon as possible who can assist you with the specifics of your case.

We are glad to assist you. Contact us whenever you are ready.

I wish you well.

-The Upshaw Law Firm, (770) 240–0922.

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Georgia on
Q: Is getting weed for a couple friends considered “drug dealing” or sale of marijuana? I live in Georgia.
Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Jan 19, 2020

The answer is yes. Violation of the Georgia Controlled Substances Act (VGCSA) can carry a potential penalty of 2 to 15 years in prison for a first offense and 5 to 30 years in prison for a second and subsequent offense. Commonly, a VGSCA crime refers to Possession of Marijuana. For this reason, it... View More

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Georgia on
Q: My boyfriend has 3 possession charges, no tag, and taking drugs/ weapon beyond guard line. However he wasn’t driving

In addition one possession charge was for weed and he does admit too having the weed because it was his, but the other drug wasn’t.

Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Jan 18, 2020

It is unclear what your question is. Please resubmit your question, and I or one of my colleagues will be glad to assist you.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

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