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Georgia Criminal Law Questions & Answers
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
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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
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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...
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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
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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
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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
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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

0 Answers | Asked in Criminal Law for Georgia on
Q: A person had put false assualt charges and later went dismissed the charges

Havent been arrested for charges yet what should i prepare for

1 Answer | Asked in Criminal Law and Constitutional Law for Georgia on
Q: Yes my understanding of a probable cause hearing should take place shortly after arraignment and it's like a trial befor

A trial where the accused has the right for attorney and to bring forth the accused witnesses and so on. So what if the accused/ myself wasn't given that hearing,just arraignment over live feed. I reside in state of Georgia. I plea not guilty and with a provided attorney from the... View More

James L. Arrasmith
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answered on Oct 23, 2024

If you weren’t given a probable cause hearing after your arraignment, it’s important to address this issue promptly. The probable cause hearing is a critical step where you can challenge the evidence against you and ensure your rights are protected. Without this hearing, there may have been a... View More

0 Answers | Asked in Criminal Law and Civil Litigation for Georgia on
Q: A "friend" of mine had gutters put on my house as a favor & is now threatening to damage my property if i dont pay him

We had an agreement that I would pay him soon as I was able to.(as i am waiting on a settlement from car accident that has left me with permanent injuries.) There was never a date established of when to pay him. And he has threatened multiple times to have the gutters ripped off my house and to... View More

1 Answer | Asked in Criminal Law and Health Care Law for Georgia on
Q: Can a mentally ill person be charged for battery while under 1013 from being combative resulting in injury of a nurse?
Glenn T. Stern
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answered on Oct 17, 2024

Yes. The standard of proof for an arrest is relatively low; the fact that the person may not be mentally sound is a defense to the charge, but not something that would prevent the charge from actually being made. Once the case makes it to court, the individual's attorney could then assert... View More

0 Answers | Asked in Criminal Law for Georgia on
Q: I was buying a vehicle off my farther in law and he said that I stole it and I went to jail for theft by taking

The reason why he did it was because me and his daughter are going to get divorce

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Georgia on
Q: How does a court case appear online if defendant has entered a pretrial diversion program?

case # begins PRE- open(pending) Would it be listed as prefile?

Joshua Schiffer
Joshua Schiffer
answered on Oct 13, 2024

All depends on the jurisdiction, as the registry entries are different from circuit to circuit, and even sometimes clerk to clerk.

The best way is to verify specifically with the clerk in writing. EVERYTHING needs to be in writing if at all possible.

1 Answer | Asked in Criminal Law for Georgia on
Q: Can a judge set a bond at $50,000 for two misdemeanor charges in Georgia?
Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Oct 16, 2024

In Georgia, a judge is required to set a bond on misdemeanor charges (with very few exceptions). Occasionally, higher bonds are issued in misdemeanor cases where a client has a lengthy criminal history- especially if he or she has open cases. Without knowing the specific details of this... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: How do I get discovery

My motorcyle was stolen and involved in a police chase where the guy wrecked but got away on foot. 2 weeks later I was arrested for the crime and charged with 13 different charges including avaiding and eluding

Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Oct 16, 2024

As a Defendant, you have a right to discovery. Your public defender, private attorney, or even you (if representing yourself) can receive discovery through a written motion for discovery. There are timelines for when discovery must be provided and the DA is not required to turn over... View More

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