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Georgia Federal Crimes Questions & Answers
1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: I am an Artist who’s work was physically stolen from a venue. The value is $7000 and the venue wants to settle in court.

They were displaying the work for purchase & did not protect it. Cameras were not working and they did not notify me of its official disappearance until well after. They do not want to fully compensate for the work so I need assistance with going to court. Please help

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jul 26, 2022

This sounds more like a civil tort (i.e., negligence, breach of contract), not a violation of criminal law.

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: In Georgia, can you discharge a firearm while intoxicated if it comes to the point that you feel the need to use a gun?

I know it is illegal to discharge a firearm while intoxicated over a 0.08 but what if I am drunker than a 0.08 but I’m threatened enough to use it? This happened last weekend leaving a bar and a guy pulled a gun and pushed the barrel into a friends chest while I was behind him. I was carrying but... Read more »

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jul 26, 2022

The short answer is yes. In Georgia, whether intoxicated or not, a person has the right to defend themselves against the infliction of death or serious bodily harm. However, to justify the use of deadly force (i.e., shooting the firearm), the person must not be the aggressor and must actually be... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: can someone get first offender act if charged with 2 counts of aggravated assault and possession of firearm

the person already has a plea but hasnt excepted it because lack of evidence

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jun 15, 2022

The short answer is yes. However, the person must not have a prior felony conviction and the aggravated assault charge must not have been against a law enforcement officer. Further, judges have wide discretion in sentencing someone as a first offender. See O.C.G.A. section 42-8-60. Therefore, the... Read more »

1 Answer | Asked in Criminal Law, Banking and Federal Crimes for Georgia on
Q: If someone uses venmo to fraudulently transfer money from one person's bank acct to their acct and the victim's bank

Tracked their location thru the IP address, but at the time the victim didn't press charges Almost a year later could the victim decide to press charges. The amount stolen was around $2000.

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jun 7, 2022

The short answer is yes. However, an important caveat is that the State (i.e., Prosector's office in the county where the alleged theft occurred) decides whether to pursue charges, not the victim. Therefore, because the amount stolen was over $500.00, the alleged thief would likely be charged... Read more »

1 Answer | Asked in Criminal Law, Employment Law and Federal Crimes for Georgia on
Q: Should I have anything to worry about or that I will have to handle?

Hello, I worked as a retail associate selling cell phones. In that position there was fraud going on with associates also selling phones were doing fraud and selling it to people using other peoples names basically a scammer. Will or can I still be charged for that? I unknowingly sold him phones... Read more »

Joshua Schiffer
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Joshua Schiffer
answered on May 22, 2022

All depends on the investigation and what turns up. You can also either sit silently OR actively participate, if you have an appetite or desire for that. If you may be criminally liable, advance cooperation can also be mitigation for when you face potential consequences. Generally I advise... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Georgia on
Q: We are under investigation by the FBI and department of veteran affairs for fraud - no charges yet - what should we do?

GI BILL program fraud 85/15 rule - business raided this morning and evidence collected - the owner paid a man to be the expert liason for the program which she knew little about and he submitted false documents to her which he assured her was how it was supposed to be done and she signed them and... Read more »

Zachary Taylor Beck
Zachary Taylor Beck
answered on Apr 14, 2022

Hire an experienced criminal defense lawyer and do not answer any of the investigators questions.

2 Answers | Asked in Child Custody, Criminal Law, Domestic Violence and Federal Crimes for Georgia on
Q: How can a lawyer prove someone is not guilty of child cruelty ?
John Kim
John Kim
answered on Mar 19, 2022

This is a very broad question - it may help if you tailor your question a little bit more to receive better responses. However, in general, a lawyer will use all the evidence in the case to provide the best defense for his/her client. This can be achieved through various ways (i.e., communications... Read more »

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1 Answer | Asked in Appeals / Appellate Law, Federal Crimes and White Collar Crime for Georgia on
Q: Federal criminal court. What is the process after a vacate and resentencing has been ordered by the appellate court?

How long does this process take the district court to do this? Is the psr always redone

Joseph Abrams
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Joseph Abrams
answered on Mar 10, 2022

It all depends on why the resentencing was ordered. If it has to do with information in the PSR, such as guideline calculations, then the PSR will be revised accordingly, although the presentence investigation is not redone in its entirety.

- Law Office of Joseph Abrams, Anaheim, CA

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: My daughter is 22 years old and is incarcerated 2 counts of poss of meth...she is currently on felony probation in anoth

Another county for 2 poss of meth charges.....will she go to prison

John Kim
John Kim
answered on Feb 28, 2022

Unfortunately, it will be impossible to get a definitive answer to your question. The main issue with your daughter's situation is that she will need to resolve her new drug charges while also resolving her [inevitable] probation violation/revocation in another county. I would recommend you... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: Do your charge get sealed after you get off a felony probation from first offender?
Morris  Margulis
Morris Margulis
answered on Feb 7, 2022

Your probation officer should notify the court once you are finished, and the clerk should process the first offender restrictions.

That being said, "should" does not mean "will". You may want to follow up with the clerk's office about a month after you've completed everything, just to be sure.

2 Answers | Asked in Criminal Law and Federal Crimes for Georgia on
Q: I have some questions about criminal charges. I don't understand the structure of charges.

I'm writing a fictional story about someone who broke laws on the federal and state level, and I'm using Georgia as the state law.

Let's say the accused was caught inflicting and trying to inflict physical harm on three officers during the booking process. The accused... Read more »

Richard W. Noel
Richard W. Noel
answered on Feb 6, 2022

You need to look at the factors that make up each crime. What you're describing is what sometimes is called "lesser included offenses." It allows a jury to find for a lesser crime instead of the main one for which a person is charged. Could each victim result in separate counts?... Read more »

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Georgia on
Q: My s/o was picked up on a false warrant ,never had his Miranda rights read to him until after speaking with the d.a

He was also given paperwork to sign without counsel present under the assumption that it was the statement he had just made, but really he had unknowingly signed away his rights... He was incarcerated on 12/30/2021 where he has been held without bond( no bail hearing given) , or evidence,.. the... Read more »

Morris  Margulis
Morris Margulis
answered on Jan 14, 2022

He needs to act fast to get Habeas Corpus relief. If he can get out of custody, he will be in a much better position to pursue his other claims involving this experience.

2 Answers | Asked in Criminal Law, Domestic Violence, Family Law and Federal Crimes for Georgia on
Q: Can simple battery stop you from owning gun. Not sure if simple battery and domestic battery is the same charge.

I took a plea for simple battery with an ex but not sure it its classified as domestic does the actual word domestic show if its a domestic charge?

Joshua Schiffer
PREMIUM
Joshua Schiffer
answered on Dec 16, 2021

This is going to require some factual investigation, as the details are SUPER important in this analysis.

IF the conviction was under the Georgia Family Violence Act then a prohibition applies. This does not need to be explicit, however, and, as the prohibition is based on Federal law...
Read more »

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1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: For a first offense of a felony burglary charge, will i get probation?
Jermario L Davis
Jermario L Davis
answered on Oct 25, 2021

There are three types of burglary in the state of Georgia -- 1st degree, 2nd degree, and smash and grab. All three are felony offenses. The penalties for the three types vary from a minimum of 1 year up to 20 years. Whether the state offers probation depends on a variety of factors....the facts... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: My boyfriend recently got arrested in georgia for theft by bringing stolen property in another state.

He didn't know the gun he bought was stolen, so now he's in trouble for it. Any advice for me?

Tracy S. Reeves Jr.
Tracy S. Reeves Jr.
answered on Apr 5, 2021

If he was arrested for Theft by Receiving Stolen Property, the State will need more evidence than just possession of a stolen gun. Case law in Georgia is quite clear on the fact that people buy and sell guns individually and often; therefore, there must be actual evidence that the person... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Wrongful Death for Georgia on
Q: Is Faking Your Own Death a Crime? And what charges can you get?
Tim Akpinar
Tim Akpinar
answered on Apr 10, 2021

A Georgia attorney could answer best, but your post remains open for two weeks. If it's done in the context of life insurance benefits, which is the common scenario, the crime is generally insurance fraud. Outside of that or other contexts involving illegal acts (but instead done as a... Read more »

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