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Georgia Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Georgia on
Q: I received an arraignment notice after I was arraigned.

Why am I being arraigned again?

Glenn T. Stern
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answered on Jan 7, 2025

It just might be a clerical error. Or the notice was delayed in the mail and arrived after your court date. That happens sometimes.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Georgia on
Q: if probationer is taken to a compliance hearing for non-payment due to proven financial hardship; chances of violation?

private probation service, misdemeanor, 2 months until termination date, charge is for shoplifting due to food insecurity

James L. Arrasmith
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answered on Jan 7, 2025

Given financial hardship and the circumstances of the original offense being tied to food insecurity, judges typically show understanding in compliance hearings when non-payment is due to genuine inability to pay rather than willful non-compliance. Courts are increasingly recognizing that... View More

1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: Officer in Georgia, 911 operators ask for last 4 digits of subjects SSN when ran. Is it required to give last 4 digits?

My 911 operators often ask for the last 4 digits of an individuals SSN for pin point identification. This is because some individuals have the same name and date of birth. In regards of checking an individual's wanted status are they required to give law enforcement the last 4 of their SSN? I... View More

James L. Arrasmith
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answered on Jan 13, 2025

In Georgia, 911 operators may request the last four digits of a person's Social Security Number (SSN) to accurately identify individuals, especially when names and birthdates are common. However, providing this information is not always mandatory. Individuals have rights regarding their... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Georgia on
Q: Illegal search of vehicle

If I tell cop no you can not search the vehicle I was in and now is locked but they search anyway and I go to jail, I am not on probation and the vehicle was not in my name

James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry you’re going through this difficult situation. You have rights when interacting with law enforcement, including the right to refuse a vehicle search under certain circumstances. If the police conducted a search without your consent, a warrant, or probable cause, it might be... View More

1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: i need the footage pulled for a case

there's been someone recently falsely accused in a incident i would like to have the cameras brought up to the court to show the innocence

James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry to hear about the situation you're facing. To obtain the necessary camera footage, start by identifying all locations where the incident may have been recorded. This could include businesses, public spaces, or private residences near the area where the event occurred.... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Georgia on
Q: I want to know the chances I have of getting my charges dismissed.

I am an RN and i got pulled over after work due to “expired tags”. I was on a dark road during being pulled over so I waited while driving slowly to the nearest gas station. I’ve never been pulled over before so i was scared and didn’t know to put on my hazards. my tags were never expired,... View More

Anthony Kozycki
Anthony Kozycki
answered on Dec 27, 2024

There is a lot that can be done in a situation like this. First, if the tag office has conceded that your registration was valid then the prosecutor should work with us to drop that charge. Next, I have dealt with several cases that involved my client delaying there stop so as to find a safe and... View More

1 Answer | Asked in Criminal Law and Family Law for Georgia on
Q: I want turn myself in for a false report due to my mental illness. What will be my outcome or my steps?
Anthony Kozycki
Anthony Kozycki
answered on Dec 27, 2024

This will be dependent on the specifics of the charges. Generally, an attorney will be able to investigate the charges and work to coordinate the best next steps. Sometimes the police haven’t gotten a warrant and the case can be resolved with no arrest. Others, there may be a warrant but we can... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Juvenile Law for Georgia on
Q: okay so if im in airsoft and magdump someone aka fullauto them is that considered assualt if wavier doesnt list that.

like for example someone has been cheating in airsoft and i full auto them with plastic bbs is that considered assualt if we have all signed the wavier that they stated the field isnt responsible for any injuries. along with this if it is plastic bbs and i dont mean it in harm only to teach them a... View More

James L. Arrasmith
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answered on Jan 6, 2025

I understand your concern about using full-auto fire in airsoft. Even if the waiver you signed doesn’t explicitly mention magdumping, intentionally overwhelming another player could still be seen as aggressive behavior. The intent behind your actions, even with plastic BBs, plays a role in how it... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: My friend is being blackmailed by her ex to get back with him. What can she do? He lives in Tn and she lives in Ga.

He has text message from her that could get her fired from her job for violating HIPAA. He was stalking her during October 2024 and when she filed a temporary protection order in TN in november he threatened that he would expose the information and get her fired if she did and so she missed the... View More

James L. Arrasmith
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answered on Jan 5, 2025

I'm really sorry your friend is facing this difficult situation. She should keep all messages and any evidence of his threats safe, as this can be crucial for any legal actions.

Encouraging her to contact local law enforcement in Georgia is important. They can help protect her and take...
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1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: Will husband be punished if his wife has something to do with husbands coworkers spying and they are criminals

Let us say if husband and his family is being spied by husbands coworkers and they are criminals. Let us say if wife has talked to them through spying will husbad gets punished for that

James L. Arrasmith
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answered on Jan 6, 2025

If your wife communicates with individuals who are spying on your family and are involved in criminal activities, there could be legal implications for both of you. Authorities may investigate the extent of her involvement and whether she was aware of their criminal intentions. If she was coerced... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Georgia on
Q: Will a 12 year old gets punished if his mother is involved with his spying and those spying group are criminals
Anthony Kozycki
Anthony Kozycki
answered on Dec 18, 2024

In Georgia, a 12 year old can not be punished for a crime. O.C.G.A. § 16-3-1 states: A person shall not be considered or found guilty of a crime unless he has attained the age of 13 years at the time of the act, omission, or negligence constituting the crime.

This statute allows for a...
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1 Answer | Asked in Criminal Law for Georgia on
Q: Can south carolina issue a Vop warrant after your probation ended and clan the extridite you from ga if the 1st part an
Anthony Kozycki
Anthony Kozycki
answered on Dec 18, 2024

To answer your first question: No. Once your probation has officially ended, you cannot be "violated" for actions you took while on probation; your probationary period is over, and you are no longer subject to its conditions, even if a violation occurred during that time.

However,...
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1 Answer | Asked in Criminal Law for Georgia on
Q: do drug court coordinators have a timeframe to answer a complaint on a participant

I was threatened by a person in drug court and filed a complaint and it’s been over a week now and haven’t heard anything back from the coordinator

Anthony Kozycki
Anthony Kozycki
answered on Dec 16, 2024

This will likely come down to a policy of the specific drug court. I understand that this doesn't get you a solution, however, this will be a difficult situation to navigate.

Without understanding the full context of the situation, it would be difficult to give you my best advice for...
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1 Answer | Asked in Criminal Law for Georgia on
Q: Pending warrant from another county. Never got picked up from jail. Released after 7 days. What to do now? No charges!

Hello I brought weed into a prison while visiting my friend got caught in a county 3+ hours away from home. Was out in jail next county over never was booked,charged, or finger printed. Was released after 72 hours with no bail and no judge or court visit. Sent home with no papers of future court... View More

Anthony Kozycki
Anthony Kozycki
answered on Dec 16, 2024

Just because a county elected not to pick you up on a warrant, does not mean the warrant goes away. If you are stopped by the police and they find a warrant from a different agency, typically they will hold you and inform the issuing agency. It is then up to the agency that has the warrant to... View More

1 Answer | Asked in Criminal Law and Employment Law for Georgia on
Q: I need an attorney to defend me and get me cleared of all charges of something I didn’t do and had nothing to do with

I was charged with lying to an officer, cruelty to children all because I took my girlfriend and her son to the doctor. Her son father gave the baby alcohol and I didn’t know it. I was in the police academy at the time and they fired me and arrested me for taking him to the hospital without any... View More

Anthony Kozycki
Anthony Kozycki
answered on Dec 16, 2024

These are obviously very serious charges, however, it sounds like you have a very valid case of innocence. Sadly, it is not uncommon for the police to cast their net too large and round up individuals who have not committed a crime. You need to find a defense lawyer that you trust to work through... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: I had a felony first offender probation of 5 years(2019). Got notice my CS obligation was terminated after 3 yr. Means?

This was after 3 years of probation with no violations and on non report. Did that mean my probation got terminated early also?

Anthony Kozycki
Anthony Kozycki
answered on Dec 18, 2024

I would need more context to understand exactly what is going on. However, this may be Early Termination under SB105. SB 105 helps individuals who no longer need to be on felony probation move on with their lives.

Here is a quick breakdown of SB105. Take a look and see if this applies to...
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1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: My public defender wouldn't even do there job I knew what motions to file and a witness said they would recant statement

But I'm disabled with no income or transportation and I've gotten the body cam footage and it completely contradict there statement and I was jailed for a year and wasn't getting proper medical treatment and in a violent offender pod no criminal history either is had my head split... View More

James L. Arrasmith
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answered on Jan 5, 2025

I'm truly sorry you're going through this difficult time. It's important to reach out to organizations that provide legal assistance for individuals facing similar challenges. They can help you navigate the appeals process and address the issues you've experienced with your... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: I was arrested at a store where I had stopped to use the restroom and get something to eat. I was detained for loitering

I had an outstanding warrant I just feel like I was illegally detained and was forced to identify myself in Georgia

Glenn T. Stern
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answered on Dec 10, 2024

Unfortunately, whether you were initially detained illegally for the loitering, that will not halt the state's ability to arrest and prosecute you for an active warrant.

Police are allowed to require you to identify yourself if they have reasonable suspicion that you may have...
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1 Answer | Asked in Landlord - Tenant and Criminal Law for Georgia on
Q: Can I sue my Landlord for wrongful eviction and false imprisonment

My twins played in paint on the floor in my kitchen. My landlord unexpectedly showed up the next morning and saw the paint, we had a disagreement and he walked out. I came home from work the next day for lunch break and there was a folder in my door that contained an eviction notice. I cleaned the... View More

Anthony Kozycki
Anthony Kozycki
answered on Dec 9, 2024

I am very sorry to hear of your circumstance. I can only imagine how stressful this must be during this time of year. Based on what you are describing, it sounds like you have a very strong defense to the criminal case. Ask the court how you can apply for a court-appointed attorney. Depending on... View More

2 Answers | Asked in Criminal Law, Divorce, Family Law and Child Custody for Georgia on
Q: Can a separated parent lie to take kids out of state and not communicate anything to other parent for 5 days in GA?

Lied about kids' whereabouts to take them under false pretenses prior to filing a motion for an exparte under the aforementioned falsities 5 days after the parent the kids continuously resided with the entire 4 years since separation discovered the lies about the kids being dropped off at... View More

Mr. John F Geraghty Jr.
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Mr. John F Geraghty Jr.
answered on Dec 6, 2024

The other parent can be charged with kidnapping if they remove the child, especially out of state with no authorization from the other parent or a court to do so.

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