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Georgia Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law for Georgia on
Q: I feel that my friends lawyer did not represent his client and advise him take a plea deal instead of trial

He lied and said that witnesses didn't want to testify on his behalf he never asked what happened he made accusations against witnesses never really spoke to the witnesses and has prior discipline for lack of representation for another client that was

0 Answers | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: How long do a D.A. have to reply to a sentence Modification motion? What happens if they don't reply ?

My mom was sentence 80 years for aggravated assault. Her public defender put in a sentence modification motion on March 21 and the DA haven't objected to the motion. How long do he have to reply to our motion and what happen if he don't reply?

1 Answer | Asked in Criminal Law for Georgia on
Q: How do I go about getting my motion of discovery
Glenn T. Stern
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answered on May 20, 2024

You have to pair your own motion (i.e. a written request), file one with the court, and then serve a copy upon the prosecutor's office. If you have an attorney, your attorney should be doing that for you. If you are representing yourself, you might want to go to the law library and read up on... View More

0 Answers | Asked in Criminal Law for Georgia on
Q: I need to get some advice for my boyfriend for probation violation in Alabama

My boyfriend is on probation in Alabama and they saying he violated his probation this is first time but I really need to talk to attorney to explain the situation

1 Answer | Asked in Criminal Law for Georgia on
Q: Is it a clear violation of constitution right. For a judge to denie a def.s only witness to testify doing trial
Glenn T. Stern
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answered on May 19, 2024

I wouldn't say it's a "clear" violation. There are many reasons why a witness would not be permitted to testify. For example, if the court determined that that they had no evidence to offer that was legally relevant to the elements of the charges before the judge or jury, that... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: Can a person go to prison for a crime they say the person did but no evidence presented linking the person to the crimee
Glenn T. Stern
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answered on May 18, 2024

Yes, a witness statement alone can be sufficient for a conviction if the judge injury find the witness to be credible. It's would not be enough just to say "he did it" without more. They would need to be able to explain how they know he did it, but if the explanation was convincing,... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Georgia on
Q: I recently discovered that my sentences are void. Upon remand for resentencing, can I receive more prison time? (GA)

Case law supports my claims, the Court of Appeals will remand for resentencing. 4 of my 5 sentences are void, will the appellate court vacate them all because they were part of the same judgment?

James L. Arrasmith
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answered on May 19, 2024

If your sentences are found to be void and the Court of Appeals remands for resentencing, it is possible that you could receive more prison time, but this depends on various factors. The appellate court typically vacates all sentences that are part of the same judgment if they are intertwined.... View More

0 Answers | Asked in Car Accidents, Criminal Law and Municipal Law for Georgia on
Q: My car was stolen. I reported it stolen within 18 hours and gave the officer the names of the two people who stole it.

Three days later it was wrecked into a telephone pole causing $6,700 in damages. I was never notified it was recovered, but called the towing company and they confirmed they had it and I was charged $350 to pick it up. There was plenty of evidence in the car, but not collected by the Sheriff’s... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: Should a indictment 1 count of Arm robbery and with no other underlying offenses been objected to by defend counsel

Is an indictment that charges Arm robbery without charging a weapon fatally defective

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answered on May 16, 2024

The answer is maybe. It's not a question that's easily answered without actually being able to read the indictment or knowing the actual facts of the case. But, for example, in Georgia a person can be convicted of armed robbery if the victim reasonably believed that the person did in... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: In state of GA can police search a car release you and another person from the scene then find drugs and chrge passenger

I was passenger in car with the driver and one more person they let me and the other passenger go after searching but found out month later I have warrant for drugs when the initially didn’t find drugs

Glenn T. Stern
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answered on May 15, 2024

If police search a car and find drugs, any and all passengers could be accused of "constructively" possessing them, even if the drugs were not found on their person or, in this case-released before the drugs were actually located. The burden of proof for "probable cause" is... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: Can a bb pistol get me a aggravated assault charge
Glenn T. Stern
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answered on May 15, 2024

Absolutely. A BB gun is considered an "object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury," so firing one at another person can be charged as an aggravated assault.

1 Answer | Asked in Criminal Law for Georgia on
Q: Can a bb pistol get me a aggravated assault charge
Serge Jerome Jr.
Serge Jerome Jr.
answered on May 14, 2024

Yes! Aggravates assault is based on the perceived threat to the victim, not the actual threat. So if they victims believes its a real gun and they are in fear of their safety then that can be an aggravated assault.

0 Answers | Asked in Criminal Law and Traffic Tickets for Georgia on
Q: What to expect if facing second misdemeanor hit and run

Was hit by a taxi van driver when trying to make a left turn and getting into the closest left lane of a two turn road. I was on the way to a calendar call and could not stay behind because at the time I thought I would get benched by the judge. I kept trying to exchange info and tell him I... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: If proven that an inmate should had recieved first offender,can they file retroactive first offender exon and discharge?

And be released. Process?

Glenn T. Stern
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answered on May 15, 2024

In order to obtain retroactive first offender, a convicted person must show that at the time of sentencing they were eligible to receive first offender and they did not know they could have been sentenced under first offender. Additionally, the prosecution's office must consent to the... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: If two people are fighting and a third person is injured (cut) unintentionally breaking up the fight. What law applies

The person breaking up the fight was injured unintentionally by a knife. Is that aggravated assault.

Glenn T. Stern
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answered on May 12, 2024

It certainly could be. Under the doctrine of "transferred intent," if the person with the knife unlawfully intended to injure someone, but inadvertently hurt another victim-that intent to gets transferred to the victim he actually hurt. The actor doesn't get a pass because the... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: I was arrested for drug paraphenalia and residue in it but was not mine it was my daughters.

I was pulled over near Atlanta they asked if they could search car for drugs. I said yes. Then cop said that I could say no so I changed it to no. It was 12 MN, and I has just worked all day. I am a travel nurse. Anyway after i said no he pulled out a dog and searched. They found a meth pipe in... View More

Joel Gary Selik
Joel Gary Selik
answered on May 12, 2024

You do have an opportunity to get out of this but you need a top criminal defense attorney.

1 Answer | Asked in Criminal Law for Georgia on
Q: The police said that I admitted to a meth pipe being mine that is a lie I was set up it is a felony in Georgia
Glenn T. Stern
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answered on May 9, 2024

Possession of a drug-related object (a pipe, for example) is a misdemeanor in Georgia. However, if there was meth residue in the pipe that was enough for them to test-you could also be charged with possession of methamphetamine, which is a felony.

2 Answers | Asked in Criminal Law and Federal Crimes for Georgia on
Q: How much time do you have to sit in county jail for a misdemeanor probation violation for a second violation?

My boyfriend was arrested on 05/03/2024 and he was sent to Clayton County Jail but I bonded him out on 05/06/2024. He was then sent to Henry County Jail. I have been trying to contact his probation officer but she hasn't been answering my phone calls or emails.

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answered on May 9, 2024

Potentially, on a second probation violation, a probationer could have the balance of whatever is left on the probated sentence revoked. Depending on how long is left on the sentence, that could be weeks or months. What is alleged to have occurred that violated probation is also a factor. It is not... View More

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