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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 
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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
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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
case # begins PRE- open(pending) Would it be listed as prefile?
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.
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
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
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
Person was wrongfully arrested. Officers did not do Justice by making an arrest. Person was experiencing a mental crisis, officers offered no assistance helping with that fact, even after the family pleaded to allow them to go back to the mental health facility or another family members home.... View More
answered on Oct 8, 2024
You can file a Motion for Bond Modification. I would suggest hiring a criminal defense attorney to help you fo this.
www.LevinLawyerGa.com
The above case is similar to mines jeopardy attached to my case just like in Herrington's case during my first trial I had a mistrial the state investigator got on the stand and the judge declared a mistrial similar to herrington's.on retrial the state added charges as well like... View More
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answered on Oct 9, 2024
In your situation, the principle of double jeopardy is central. Once jeopardy attaches during your first trial, the government is limited in how it can proceed if a mistrial occurs. When the state investigator testified and the judge declared a mistrial, jeopardy attached, preventing the state from... View More
While in court the da stated I gave consent to search my truck, I don't give consent no matter what. The facts are,, the officer said he could smell weed, I don't smoke nor carry weed, and after his statement he proceeds to open my door and pull me from truck, needless to say he found no... View More
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answered on Oct 2, 2024
I'm sorry you're going through this difficult situation. It's important to take immediate steps to protect your rights. Consider finding a new attorney who can review the details of your case and provide a strong defense based on the facts you’ve shared.
Document everything... View More
The city is refusing production of evidence and the city court clerk is refusing subpoenas for witnesses and video evidence known to exist.
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answered on Oct 2, 2024
I'm sorry you're facing these challenges with the city court. Violations of statutes like Title 24-13-20 through 24-13-24 can potentially be prosecuted if there's enough evidence and legal basis.
If the court is denying your requests to subpoena witnesses or access video... View More
We have sought medical attention
answered on Sep 30, 2024
If this is a result of a work related injury it is compensable.
My wife and I had a domestic dispute unfortunately in front of the children. My wife has a criminal defense attorney but I feel as I may need representation because of the circumstances what should I do?
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answered on Sep 26, 2024
You would probably also want to consult with a criminal defense attorney. Not only would one best understand the ins and outs of the case your wife is a defendant in, but would also be able to look out for your own personal interests in a way that her attorney would/could not. For example, if you... View More
My wife suffers from extreme mental health and we had a domestic dispute in front of our children. My wife was arrested and my children and I made some statements at the time that were not all the way true but we were mad and scared at the time of the incident. Now I have sent letters to the DA... View More
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answered on Sep 26, 2024
Both the police and the state treat domestic violence cases very seriously and are reluctant to drop them. Once they get involved, it becomes their case and they can proceed even without the consent or cooperation of the victim(s). You cannot simply ignore the subpoena. It may be wise for you to... View More
Will a warrant also be issued for the victim for an aggravated stalking charge?
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answered on Sep 26, 2024
No, with a "no contact order," the victim is not under any legal order of the court. So, when a defendant is under a "no contact" order, even if the victim approaches them or contacts them, it is still that defendant's duty to avoid the contact or face consequences from the... View More
How long does it take for it to be sealed? And is there anything I need to do? How will I know? My probation officer basically just told me the date my probation would be completed and I never heard from him again.
answered on Sep 25, 2024
This depends on your case's jurisdiction (the Court from where your matter was discharged). Some courts have their administration track the matters and automatically proceed with record restriction. Others notate the file and await the Defendant's request for record restriction.
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answered on Sep 23, 2024
Sounds like theft by taking to me. If there is a payment dispute, the remedy for the subcontractor is to file suit in civil court, not take it upon themselves and seize valuable collateral as compensation.
aggravated assault(x2) , criminal street gang , terroristic threats & altered serial number weapon charge. I haven’t been formally charged on anything / Indicted on any of those charges what can I do to get those charges dismissed so I can return back to my active duty
answered on Sep 25, 2024
Your charges are felonies, so the District Attorney has some time before they are required to indict your matter before you are eligible for dismissal based on lack of prosecution. If you desire to return to military service, occasionally, an attorney can convince the DA to look at the matter... View More
The passenger in my car exited and ran , he was then tased before falling allegedly two firearms was found in the open field where he was arrested one firearm with the serial number was altered he stated “ the weapon was in the when he got in there I was questioned and stated “ I knew nothing... View More
answered on Oct 16, 2024
The police are allowed a lot of discretion and leeway in the type of charges they bring during an investigative phase. Although the weapons were not found in your vehicle or your possession, since they were found close to the scene of the crime, this is likely why they charged you both with the... View More
Is it right for an attorney to call client Sunday night and say court at 9am tomorrow Monday?
answered on Oct 16, 2024
Yes, while a lawyer should give their client as much notice as possible regarding court appearances, it is not the lawyer's responsibility to put the client on notice about Court in criminal cases. The Court issues notices via mail or in Court. The client signs notice for their new Court... View More
I live in Georgia and the offense was in Louisiana. Otherwise my record is clean except for a few traffic tickets in the mid 90’s
answered on Oct 16, 2024
You need this answered by a Louisiana barred attorney because they would know the affect of a conviction from that state. If this were a Georgia DUI/DWI, unfortunately it would still be on your record. Georgia is very strict in the ability to restrict convictions, however, Louisiana may not be.
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