Ask a Question

Get free answers to your Criminal Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Georgia Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law for Georgia on
Q: Translate please? revoke 6 months reinstate; 1:3 years serve, 6 months; are they referring to prison or county time?

My husband had less than a year left on probation when they violated him on a crime he didn't commit. He's been county jail since June 11th waiting to see a judge. Which he will get a plea hearing tomorrow. So he's done 5 months, he's been on work detail for four months. Will... View More

0 Answers | Asked in Criminal Law and Landlord - Tenant for Georgia on
Q: Pausing or overturning an eviction, currently facing felony charges damages that don’t exist

My landlord is evicting me for damages to my apartment and past due rent. I have lived in my apartment since April of 2020 and haven’t had to pay rent due to my apartment being income based. The damages was washable paint my 4 year old twins got on the floor that I cleaned up. I’ve been... View More

0 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Georgia on
Q: OK my son was indicted on a seven count indictment how should indictment with two party's be worded

The indictment is word as is are charged as party and party to the crime but does not say which is which is this flawed

0 Answers | Asked in Criminal Law for Georgia on
Q: When providein false information to authorities an reporting the work truck stolen because someone plans on not paying

I work for these individuals driving this truck that they say I stole because they found that I was in rout to cash checks that they issued me they reported the truck stolen now I get arrested

1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: Can an investigator search your residence simply on the basis of a fourth amendment waiver. Even if there is no GFS?

Investigators stated it's your unlucky day we're doing it by lottery and we're searching everyone in the neighborhood that has the fourth waiver. Probation officer was unaware they were doing this and is still unaware

Glenn T. Stern
PREMIUM
Glenn T. Stern pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 14, 2024

Normally, you would be protected from such a search by the Fourth Amendment. However, with such a waiver, it usually means you've specifically signed away any right you would otherwise have to contest a search by probation or any law enforcement officer as a term of probation. Probation is an... View More

0 Answers | Asked in Criminal Law for Georgia on
Q: Under the poms act in ga and catch a technical vop

how many days after arrest do they have to come see you and is that all days or business days are holidays included

0 Answers | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Georgia on
Q: How do I go about filling for a de Novo hearing in the state of Georgia

My brother has a life sentence in Georgia. But he's found it in the OCGA where it states that the judge that sentenced him in his plea, didn't have jurisdiction to accept the plea much less sentence him. Which makes his entire sentence illegal. My brother didn't have a jury in the... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: How likely is it that my partner will receive bond?

He was arrested on a simple battery warrant l, paid the bail for that—but today was transferred to another county to satisfy a battery warrant. I was the victim in both cases, I just want to know how likely. I am praying he gets bond for this county.

Glenn T. Stern
PREMIUM
Glenn T. Stern pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 7, 2024

I would say it's probably pretty likely, assuming the other battery warrant is also for a misdemeanor. If you really wanted to stack the deck in his favor, you could reach out to the prosecutor's office and tell them that you are the victim in the case and that you want them to give him a bond.

0 Answers | Asked in Criminal Law for Georgia on
Q: I was not given credit for 3 years I did awaiting trial on a charge, made parole, in court got 6 years prob. Fr courtdat

They didn't even acknowledge my 3 years I built , got my GED,and voluntarily went to rsat in prison because I wanted to look good in court on charge. They law 17-10-11 states I am entitled to every day I spend incarcerated on a charge pretrial and post trial, hand and hand with any other... View More

0 Answers | Asked in Criminal Law for Georgia on
Q: If someone dosent have drugs on their personal self, yet are in someone else's vehicle and the deputy finds drugs in the

Vehicle,then how can the innocent passenger be prosecuted for posession of drugs when he is innocent?and the drugs were in the truck bed,and the passenger don't even have the keys or nothing to do with it or even knowledge of it?

0 Answers | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Georgia on
Q: If my case was Vacated and Remanded wasn't the appeal suppose to send papers to the courts? To Schedule me on a docket.

It's been 4 years still haven't been on the docket. Appeal case #A19A2175

0 Answers | Asked in Criminal Law for Georgia on
Q: What is the equal access law when it pertains to a motor vehicle in ga when drugs are found during a traffic stop

I was pulled over in my truck and arrested for drugs found in my truck in the passenger side of my truck and numerous people use my truck for work purposes on a daily basis

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: If someone hacks my phone and records me threatening to beat them up can they use that in court against me?

I've been cyber harassed fir for over a year now. They can forward my calls to them. Alter Google searches. Change feed on any website like Google discovery, youtube, music, etc. They listen thru phone and make fun of me.

Glenn T. Stern
PREMIUM
Glenn T. Stern pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 29, 2024

In Georgia, you do not have any expectation of privacy from the person you are speaking to on a telephone. That means that if that person wanted to tell someone else what you said, or even record the call, it would be legal in this state and probably admissible in court.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: "Rendering a portion of the body useless" is an essential element of agg. battery. What cases definitively state this?
Glenn T. Stern
PREMIUM
Glenn T. Stern pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 27, 2024

Any case that might state this would merely be referring to the actual language of the statute (OCGA 16-6-24(a)), which provides:

"A person commits the offense of aggravated battery when he or she maliciously causes bodily harm to another by depriving him or her of a member of his or...
View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Georgia on
Q: If affidavit attached to arrest warrant does not provide information on, why officer believes this occurred?

Or what he bases his belief off of?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 25, 2024

If the affidavit attached to an arrest warrant doesn’t explain why the officer believes a crime occurred, it can raise serious concerns about the validity of the warrant. An affidavit is meant to provide the factual basis for the officer’s belief, demonstrating probable cause. Without this... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: My son was sentenced in federal court in July and he’s still in the Marshals custody at a holdover because they are sayi

Saying his case is still active, they even sent him back from classification for the same reason. The attorney he had said he can’t help because after he was sentenced he’s not his attorney anymore. Who do I contact to inquire about this? The judge? Marshals Svc? Please help, I keep hitting... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 29, 2024

I'm sorry you're facing this difficult situation. First, try contacting your son's current attorney to get a clear understanding of his status and any potential steps they can take. If the attorney is unable to help, you might consider seeking a new lawyer who can review the case and... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: If my arrest warrant attached Affidavit does not provide any information on How officer knows defendant committed crime

Affidavit does not provide any information on why officer believes this occurred?

That is upon what do officer base his belief?

Glenn T. Stern
PREMIUM
Glenn T. Stern pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 25, 2024

Under Georgia law (OCGA 17-4-45), an affidavit in support of an arrest warrant is only required to identify the county where the affidavit is being filed; the name of the person making the affidavit; a statement affirming that the affiant is making the affidavit under oath; the name of the person... View More

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.