Husband was arrested for aggravated assault/family violence x 4 and Child Cruelty 1st degree x 2 in Georgia. He's 33 and has a small record when it comes to violence. His record was expunged, but i know they can still access those charges. He was arrested for Battery 5 years ago and has a... View More 
answered on Sep 25, 2023
A lawyer with mitigation experience and an understanding of DV is going to be able to tell that story well, and that is the key to obtaining the best results. He also has defenses regarding you, his wife, that need to be explored as the State is not going to take it easy on anyone with a prior... View More
My fiancé and I got into a domestic dispute and they arrested me and charged me with battery and put an order of protection in place both of us are ignorant on the law and want the case dismissed we shouldn’t have called the police they just made our already extremely stressful lives so much... View More
answered on Sep 24, 2023
This is a regular and routine issue. The State insists on taking actions against a couple over objection and without having full context.
They are trying to fulfill their mandate of protecting but as is so often the case the Government is not fully appraised of the situation.
Bite... View More
answered on Sep 20, 2023
Prosecutors have immunity for basically everything they do in most states, as long as it is somewhat associated with their job. It is a blank check, in my opinion, and I have as many folks asking how to FORCE the state to charge someone as I do folks wanting the State to Dismiss something.... View More
Can schedule of bonds be used to grant bail for restricted offense? Also, does a judge HAVE to place special conditions in place to protect crime victim? Or is that just a recommendation/suggestion?
answered on Sep 20, 2023
Lots of possibilities, and the answer is Yes. But it ALL Depends on the actual judge involved as that judge can make their own policies regarding what they feel is best when it comes to this issue. Many judges do not trust the sheriffs to pass along info or other notices to defendants, so they... View More
Victim in family violence case signed non prosecution paper due to intimidation. If 12 months has come and gone, and case was dismissed off of the dead docket can the victim request a new trial if they can prove intimidated/ continued abuse?
answered on Sep 10, 2023
No. But you should address any intimidation with the prosecutor or law enforcement
I was told by the “advocate” at my local solicitor generals office that the solicitor does not have the power to change/add charges. My ex is being tried for FV Simple Battery with previous conviction of FV Battery amongst other violent felonies. Due to him bonding out with no conditions to... View More
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answered on Sep 9, 2023
The solicitor's office does have the authority to add, remove, or modify charges as they see appropriate. It happens all the time.
Furthermore, if they believe a charge should be a felony (such a domestic violence charge for someone who has a prior conviction for domestic violence)-The... View More
My fiance is locked up in fannin county jail. They will not give him a bond
answered on Sep 5, 2023
It appears he has been in for a mintue, and that causes problems as he needs to get in front of the right judge with the right "stuff" having happened in the background. He is due a bond at 90 days if he has not been inicted yet, and if he is indicted he should file with the trial court... View More
Convicted of FV Battery 2016
Charged FV Battery 2018- bonded out without appearing in front of superior court judge, no orders put in place to protect victim
Charged FV Simple Battery 2021- same instance as 2018.
(All same victim)
The offender is also on felony... View More
answered on Aug 31, 2023
I would love the answer to make sense, but it wont.
Bonding procedures in Georgia are downright arbitrary, and it seems that the most innocent folks are always being overdetained while the bad folks get cut loose without a care in the world. Its infuriating!!
Have you or the... View More
answered on Aug 17, 2023
Lawyers are not "pro bono" lawyers because no one could work for free all the time and pay their own expenses. There are attorneys who do some pro bono work. I would suggest contacting a local legal aide if you're looking for a place to get free legal assistance.
His major defense is kidnapping but he has served 12 yrs and his max out is in 2072! I don’t think he deserves that much time and to die in prison! Is there anything I can do to help him get his sentence reduced?
answered on Aug 13, 2023
Compassionate Release is the pathway you are looking for, and there are several fine appellate practitioners who can assist. Spend some time on a search engine researching the best advocates and I encourage you to speak with several of them. Post Conviction work is very speculative, but is likely... View More
She is pregnant with a 2nd child and he abuses her emotion and possibly physically. The police won’t help but I fear for her safety. He is illegally here in the states with a fake birthday and fake verification. But he won’t let her take her baby out the house. I’m just a relative and I want... View More
answered on Aug 13, 2023
Law enforcement remains the most clear remedy for her danger, and if a child is involved then Law Enforcement may need additional advocacy in order to understand the specific dangers involved. DFCS and other agencies may assist family and concerned citizens when a child is being exposed to... View More
He also is tbe one whom put marks on my daughter she has turned in me saying I did it now I gave a trial in a week no lawyer I fired him due to confluct if interest
answered on Aug 9, 2023
Unfortunately you are going to need to find a lawyer as soon as possible as that is the best way to ensure your rights are preserved. Was the lawyer you fired a Public Defender? If not you can try to apply for counsel from the court but if you fired them it gets a bit harder. DO NOT expect the... View More
I don’t understand how it’s saying private property when I was living at the home with my husband?
answered on Aug 8, 2023
The property involved was owned by and individual and not the State, that is what they mean.
Basically whatever was allegedly damages was someones possession and not a cop car or other publicly owned property.
I am betting a cell phone or something in the house was allegedly... View More
I was unaware of the TPO but the sherif showed up at my home while I was at work and apparently had riot shields and guns drawn which seems like a lot to just serve a TPO. They didn’t enter my home or leave any paperwork.
answered on Aug 7, 2023
I tend to agree with my colleague above. If there is a question as whether someone tried to use State Power to control your behavior, I stay away.
Fighting service is generally not a great idea, although if they do not serve you within a period of time the application can become stale and... View More
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answered on Aug 4, 2023
In Georgia, individuals can typically file for a Temporary Protective Order (TPO) without an attorney. You can go to the appropriate courthouse and request the necessary paperwork to file for a TPO. Court personnel may be available to guide you through the process and provide information on the... View More
What are my options?
answered on Aug 4, 2023
You need to do three things:
1) Hire a lawyer who practices family relations and criminal law in the county with jurisdiction over this matter (this forum is for general information and no substitute for experienced counsel).
2) Fight the TPO case against you.
3) File for a... View More
answered on Aug 3, 2023
The original order placing the individual on probation will have the length of time for their probation. However, that document will not tell you if their probation has been terminated early.
My childrens mother found out my new address by manipulating my daughter, she keep showing up at my house with excuses of bringing stuff for the kids. 4 years ago she put sugar in my gas tank and stabbed my fiancé’s tires in the middle of the night, stole my mail with passports and socials, and... View More
answered on Aug 3, 2023
Advise her in writing not to come to your home again uninvited. Arrange a meeting location that is not your home address for visitation exchanges. If she continues to come to your home after you have advised her not to, you can contact the police to seek a trespass warrant. What you are... View More
He is verbally and physically abusive and has been threatening to kill me. We recently lost our home to foreclosure. In an attempt to save our home a property that we owned through a 501 c 3 of which we are both officers was sold. The attempt was unsuccessful. We verbally agreed to split the... View More
answered on Jul 24, 2023
You need to consult with a tax attorney or cpa regarding the tax liability from the sale. Unfortunately, there is no legal separation in the state of Georgia. You are legally married until you are not. If you are concerned that he will incur debts in your name during the separation, you need to... View More
An ex-girlfriend is a lawyer and she had filed a police report for harassing communications against me which resulted in a warrant for my arrest period since the warrant was issued I've spent a few weeks with the ex-girlfriend. Is there a grounds to get the warrant dropped?
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answered on Jul 10, 2023
The decision to drop a warrant for harassing communications would typically be up to the prosecuting attorney or the judge handling the case. Spending time with the person who filed the complaint may be a factor that could potentially influence their decision, but it does not guarantee that the... View More
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