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Georgia Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Domestic Violence and Civil Rights for Georgia on
Q: Can I pursue legal action against my ex for an assault three years ago with photo evidence and witnesses?

Three years ago, I was raped and beaten by my ex. At the time, I wasn't ready to file a police report, but I do have photos of the marks on my body as evidence. Now, I want to pursue legal action, yet I'm concerned about the likelihood of a successful conviction. I haven't spoken to... View More

James L. Arrasmith
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answered on Apr 1, 2025

You may still have viable legal options despite the three-year time lapse since the assault occurred. In California, the statute of limitations for sexual assault cases has been significantly extended; adult victims now have up to ten years to file civil claims under Assembly Bill 1619, while... View More

2 Answers | Asked in Constitutional Law, Criminal Law and Juvenile Law for Georgia on
Q: Is it a constitutional rights violation if police forcefully obtained a cell phone password from my son?

My son is being accused of a crime committed when he was a teenager. Recently, at age 19, he was brought in by police for questioning. He informed the detective that he would not speak without his lawyer present, and his lawyer was already in contact with the office. Regardless, the officer claimed... View More

Glenn T. Stern
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answered on Mar 25, 2025

It very well could be. If the questioning and the demanding of the cell phone password occurred after your son invoked his right to counsel, then it's potentially a violation of his 5th and 6th Amendment rights. However, an experienced attorney would need to review the evidence before drawing... View More

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0 Answers | Asked in Cannabis & Marijuana Law and Criminal Law for Georgia on
Q: Parole eligibility for a 10-year "do 2" split sentence in GA for marijuana possession

If I am sentenced to a 10-year "do 2" split sentence in Georgia for possession of less than 2 pounds of marijuana and I've never served time in Georgia before, how long do I have to serve before I'm eligible for parole?

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Georgia on
Q: Charged with possession after traffic stop, probation revoked; what are my rights?

I was a passenger in a vehicle that was pulled over for reckless driving. During a search, drugs were found under the driver's seat, but I had no knowledge of them. Both the driver and I were charged with possession and trafficking after the driver refused to claim ownership. I was detained... View More

Glenn T. Stern
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answered on Mar 24, 2025

I want to be straight with you--this isn't something you should be asking questions on the web about and then trying to navigate yourself. This is serious, serious business! Trafficking sentences carry mandatory jail time, and it cannot be suspended-that means the judge HAS to send you to... View More

1 Answer | Asked in Civil Rights, Criminal Law and Gov & Administrative Law for Georgia on
Q: Is it legal for Georgia officer to make inmates squat and cough publicly and conduct unsupervised drug tests?

I would like to understand the legality of a Georgia outside detail officer making inmates squat and cough on the side of a public road in daylight after discovering an open bag of weed inside their van, which was thrown away by another inmate. The officer made all inmates sit in front of a van... View More

James L. Arrasmith
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answered on Mar 26, 2025

The Supreme Court has ruled that correctional facilities can conduct strip searches, including "squat and cough" procedures, as part of their security protocols. However, these searches must be conducted for legitimate security reasons and cannot be done merely to harass or humiliate... View More

2 Answers | Asked in DUI / DWI and Criminal Law for Georgia on
Q: What does Motion to Nolle Prosequi mean for DUI and hit and run case?

I am scheduled for my first court appearance next week for a DUI, hit and run, and failure to maintain lane charges. I received a notice saying the case will be called for a Motion to Nolle Prosequi, and I have the option to waive my appearance. What does this motion mean for my case, and what... View More

Glenn T. Stern
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answered on Mar 24, 2025

A "Motion to Nolle Prosequi" is the fancy legal term for the state moving to dismiss your case. It means that they don't intend to pursue the charges against you. They have to put it down for hearing, because it gives you the opportunity to object if you wanted to (for some reason.)... View More

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0 Answers | Asked in Criminal Law and Health Care Law for Georgia on
Q: Can I legally dispose of my employer's unused prescriptions in Georgia?

I work as a personal assistant handling non-medical tasks, and my employer asked me to dispose of unused prescriptions for her and her daughter. These prescriptions are not in my name, but I'm trying to assist her since she is elderly and busy. Could I face any legal issues for having these... View More

0 Answers | Asked in Criminal Law for Georgia on
Q: Can an accidental firearm display lead to a lowered or dismissed aggravated assault charge in Georgia?

I am facing a pending aggravated assault charge in Georgia after an argument with a store clerk who threatened me. During the argument, my firearm became accidentally visible, but it was never pointed at the clerk, and there was no physical contact. There is video footage of the incident, and... View More

0 Answers | Asked in Criminal Law for Georgia on
Q: Charged with possession of a handgun found in the trunk while driving in Georgia.

I was driving someone else's vehicle in Georgia, unaware that there was a handgun in the trunk. Now, I've been charged with possession of the handgun. What are my legal options?

1 Answer | Asked in Animal / Dog Law and Criminal Law for Georgia on
Q: Can a Georgia felon carry a 9" knife for protection?

I am blind and use a cane to walk around my neighborhood in Georgia. My neighbors have multiple dogs, including pit bulls that run in packs, which has prevented me from walking due to safety concerns. I want to know if I can carry a 9-inch open blade knife in a sheath for protection against these... View More

Glenn T. Stern
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answered on Mar 22, 2025

I do not know of any law in Georgia that would prohibit a felon from carrying a knife with a blade that is 12 inches or smaller.

1 Answer | Asked in Criminal Law, Divorce and Domestic Violence for Georgia on
Q: Can I file charges for being molested in 1993 when I was 16?

I was molested at 16 by a 24-year-old, and we've been together since, during which time she's controlled me. Recently, I discovered she's been with another man for 21 weeks and is seeking a divorce. Can I file charges for the molestation that occurred in 1993 in this situation?

Regina Irene Edwards
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answered on Mar 22, 2025

No. The age of consent in Georgia is 16.

0 Answers | Asked in Criminal Law and Civil Litigation for Georgia on
Q: Legal steps for childhood molestation in Georgia.

In 2007, when I was 4 years old, I was molested by my 12-year-old cousin in Georgia. I am now 21, and she is 29, living in Texas. I haven't reported the incident until now and am unsure about the legal steps I can take today. I've begun seeking psychological support, but I have no... View More

0 Answers | Asked in Criminal Law for Georgia on
Q: Can they put my meth and soeone else's meth together to charge with trafficking

All in house police came in I was holding and another person was holding.they put them both together and charged me with trafficking

1 Answer | Asked in Criminal Law, Traffic Tickets and Personal Injury for Georgia on
Q: Concern about repercussions after traffic stop with illegal substance, no ticket issued

Earlier today in Monroe, Georgia, I was pulled over for failure to maintain lanes. During the stop, the officer's dog detected a small amount of wax, and the officer claimed he would destroy it. He issued a written warning for the traffic violation but did not give a ticket or any written... View More

James L. Arrasmith
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answered on Apr 12, 2025

It's understandable that you might be worried about potential consequences given the circumstances. From what you've described, the officer chose not to issue a citation for the substance, which suggests they decided to handle it informally. Since the officer claimed they would destroy... View More

0 Answers | Asked in Criminal Law for Georgia on
Q: Why is my husband not on a court calendar after charges were transferred?

My husband caught a charge while being incarcerated, but someone else has taken responsibility for the charges. I submitted the paperwork to his public attorney last Thursday in Milledgeville, Georgia, but haven't received any information about his case, and he's still not on a court... View More

1 Answer | Asked in Criminal Law, Civil Rights and Gov & Administrative Law for Georgia on
Q: How can my cousin be released from jail for a failure to appear on a dismissed charge?

I need help getting my cousin out of jail. She has been in custody since December 4, 2024, with no bond and no court date until July 2025, for a failure to appear on a charge that was previously dismissed. We've been told that it's proper procedure to have no bond set until a judge... View More

James L. Arrasmith
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answered on Mar 26, 2025

Your situation sounds incredibly frustrating and unjust. Being held without bond for a failure to appear on a dismissed charge, especially when the notices were sent to the wrong address, represents a serious procedural error that needs immediate attention. The extended detention without a court... View More

1 Answer | Asked in Criminal Law and Internet Law for Georgia on
Q: Can a s** offender on probation become a content creator/streamer?

As a person on probation for a sexual offense, I'm considering becoming a content creator/streamer on platforms such as Twitch, Rumble, and YouTube. My probation allows internet use but prohibits direct contact with minors and requires staying 1000 feet away from places where children... View More

James L. Arrasmith
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answered on Apr 8, 2025

You can become a content creator or streamer while on probation, as long as your activities don’t violate the specific conditions set by your probation officer or the court. Since you’re allowed internet access and your restriction is primarily avoiding direct contact with minors, creating... View More

1 Answer | Asked in Criminal Law, Child Support and Traffic Tickets for Georgia on
Q: How can I avoid jail for a first violation of felony probation?

I am facing a violation of felony probation (VOP) due to being arrested in a different county for driving on a suspended license while going to work. I've been on probation for almost 3 years with this being my first violation. Despite getting released the same day and planning to have my... View More

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answered on Apr 11, 2025

You’re in a tough spot, but you still have options. Since this is your first violation in nearly three years of probation, that history of compliance could work in your favor. Judges often consider your full record and the circumstances behind the violation, so showing that you were on your way... View More

0 Answers | Asked in Criminal Law for Georgia on
Q: Consequences for facing two felonies while on misdemeanor probation in Georgia.

While on 12 months of misdemeanor probation in Athens-Clarke County for a previous offense, someone was charged with two felonies: possession of a firearm during the commission of certain felonies and possession of marijuana over 1 ounce. These charges were made in the presence of law enforcement.... View More

1 Answer | Asked in Consumer Law, Civil Litigation and Criminal Law for Georgia on
Q: How can I recover my car after fraudulent repossession by a salesman in Georgia?

I purchased a car for $3,500 on February 4 and financed the remaining $5,000, believing I had a deal with a dealership operating under the name AutoNation. On February 20, the salesman instructed me to bring the car in for a repair, which seemed suspect. Upon arrival, he claimed the finance company... View More

James L. Arrasmith
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answered on Apr 12, 2025

It seems like you are dealing with a complicated and distressing situation involving fraudulent repossession. Since the finance company denies knowledge of the repossession and you have proof of purchase with the bill of sale and title, you may have a strong case for recovering the vehicle. You... View More

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