Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 14, 2023

If you were a signature party to the land contract, then you sue the seller/grantor for breach of contract. Hire a GA attorney that does real property litigation. A Notice Lis Pendens will need to be filed. All interested parties must be defendants (besides you) for setting aside the Deed or... View More

Certainly some of what you are describing could be suspicious, or it could be coincidence. On these limited facts, it's difficult to know for sure. If you have strong reason to believe that someone was negligently killed (not intentionally), consider consulting both a personal injury attorney... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 19, 2023

If you are currently on probation and have been arrested for possession of a firearm and a controlled substance, the consequences you may face will depend on a variety of factors, including the laws in your jurisdiction, the specifics of the charges, and the terms of your probation.

In... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 19, 2023

The punishment for trafficking, or any other criminal offense, can vary depending on the specific circumstances of the case and the jurisdiction in which it is being prosecuted. However, in general, trafficking is a serious offense that can carry severe penalties.

If an individual is... View More

You cannot communicate directly with the Judge. There are motions that you may want to file, including possibly a demand for speedy trial, that can speed up the process.

You may want to consider hiring a lawyer to protect your rights, and to help resolve your case more quickly.

For... View More

It is hard to say what the judge will do. Judge's have wide discretion in revoking probation based on non-compliance or new arrests. You should consult a lawyer who could point to good facts that could possibly keep the judge from revoking probation and ordering the person to remain... View More

The constitutional right to a speedy trial is usually misunderstood by most non-lawyers. The meaning of speedy is quite subjective to different people. Georgia courts have analyzed the right to a speedy trial under a reasonableness standard. Thus, there is no exact day(s) amount that passes where a... View More

O.C.G.A. 16-11-131(a)(2) defines firearm as "any handgun, rifle, shotgun, or other weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge." Thus, if the decorative gun can be converted to shoot any type of projectile by explosive or... View More

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

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... View More

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... View More

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... View More

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... View More

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

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... View More

Joseph Abrams Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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... View More

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.

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?... View More

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.