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Georgia Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law for Georgia on
Q: If a motion to toll probation was filed, but the officer didn't attempt contact or try to pick me up can it be tossed?

live in ga where I am/were on felony probation for possession under the 'conditional discharge'. I was sentenced to 3 yrs. I violated my first time (with failed drug screenings) and they pulled 6 months. my 2nd violation same thing, failed drug tests, sentenced me court order rehab. It... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: Bond vs probation officer

family member was arrested for DUI. She was on probation for a previous offense (DUI) although it was reduced to reckless driving. Does the probation officer ultimately make the decision on whether the individual is released or not?

Morris  Margulis
Morris Margulis answered on Jan 25, 2022

These are two cases, the new DUI and the old one, and each case gives the government an independent, though related, claim on holding your family member in custody.

On the new DUI, the probation officer cannot prevent a bond from being granted.

On the old DUI/reckless, the probation...
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1 Answer | Asked in Criminal Law and Car Accidents for Georgia on
Q: The person permitted to drive my vehicle was unlicensed and got into an accident. What is the punishment for § 40-5-122?
Morris  Margulis
Morris Margulis answered on Jan 25, 2022

It is a misdemeanor offense, punishable by a maximum of 12 months in custody and a $1,000 fine.

Beyond the criminal penalties, you are also exposed to civil tort liability (a lawsuit) for any injuries or property damage caused by the unlicensed person you permitted to drive your vehicle....
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0 Answers | Asked in Criminal Law for Georgia on
Q: I had a felony under first Offenders Act do I automatically get my rights back

I had a felony under the first Offenders Act in Georgia I received three years probation I done my three years probation in it ended two years ago at this point do I need to file to get my rights back or they automatically restored

2 Answers | Asked in Criminal Law for Georgia on
Q: can i be arrested for criminal trespass at my house for beaking a chair because my wife had her boyfriend there.

I came home her boyfriend was there I broke a chair he called the cops and left they arrested me for criminal trespass

Robbie Levin
Robbie Levin answered on Jan 22, 2022

You have asked if you can be arrested for something when you’ve already been arrested for it. So clearly the answer is yes. The real concern is whether you can be convicted. I would need to know more facts about the case, but it sounds like a winnable case for you.

I’d recommend...
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0 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Georgia on
Q: Paid a GA Court Reporter for a Verbatim Transcript. I've followed up A LOT! YES, still incomplete.!. What's my recourse?

It was on a criminal case. I've contacted her several times, & have not heard anything back. She's, seemingly, not impartial, & the situation is messing w/ multiple people's lives on multiple levels.!. It just is not right, and IT'S BEYOND UNETHICAL & DISHEARTENING!!!

1 Answer | Asked in Criminal Law for Georgia on
Q: I was pulled over with my boyfriend and there was drugs in the car we both went to jail I bonded out will I go to prison
Morris  Margulis
Morris Margulis answered on Jan 14, 2022

If this is your first offense, you are likely not facing prison time, unless there are other aggravating circumstances, such as weapons or significant quantities of the drugs. If you do have some criminal history, the answer will turn on the details of that history - what your past charges were,... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Georgia on
Q: My s/o was picked up on a false warrant ,never had his Miranda rights read to him until after speaking with the d.a

He was also given paperwork to sign without counsel present under the assumption that it was the statement he had just made, but really he had unknowingly signed away his rights... He was incarcerated on 12/30/2021 where he has been held without bond( no bail hearing given) , or evidence,.. the... Read more »

Morris  Margulis
Morris Margulis answered on Jan 14, 2022

He needs to act fast to get Habeas Corpus relief. If he can get out of custody, he will be in a much better position to pursue his other claims involving this experience.

1 Answer | Asked in Criminal Law for Georgia on
Q: how many working lights do you need to on your vehicle?

I had 3 working light, 3 out of 4. I was pulled over for this. is it possible that this was not probable cause to be pulled over

Morris  Margulis
Morris Margulis answered on Jan 13, 2022

Assuming you were not driving a motorcycle, you need at least two working headlights (OCGA 40-8-22) and two working taillights (OCGA 40-8-23).

By driving your vehicle on the roads in violation of these statutes, you are subject to prosecution as a misdemeanor criminal defendant (OCGA...
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0 Answers | Asked in Criminal Law and Banking for Georgia on
Q: My boyfriend give me permission 2 cash a check 4 him now he is telling the IRS that he did'nt receive it. What do I do

He has been cashing checks through my account for over a year including his payroll unemployment and income tax checks

2 Answers | Asked in Criminal Law for Georgia on
Q: A person throws a wadded piece of paper striking another in the face. Is that a crime?
William Jaksa
William Jaksa answered on Jan 9, 2022

Its an assault. A simple assault.

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0 Answers | Asked in Criminal Law for Georgia on
Q: Can I have a warrant dismissed for probation violation, if it was issued out of a ridiculous circumstance?

I was sentenced to 5 years probation in the state of GA, however I lived in AL at the time of arrest and Sentencing. All was well even after the transfer of probation to my County Courthouse, until after I reported to probation, they informed me that my case was closed. So I contacted the GA... Read more »

0 Answers | Asked in Criminal Law for Georgia on
Q: What will happen to me if I get caught with meth inside a transition center

They gave me a DR for possession of drugs and under the influence what do you think will happen to me

0 Answers | Asked in Criminal Law for Georgia on
Q: What it mean the sentence lenght mean on your prison profile is that amount of year you have to serve??

What Sentence length what mean for that on a prison profile info is that how much time judge give you?

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