answered on Sep 30, 2022
In and of itself, I don't see there being a problem with a juror being an old classmate of the judge. The primary consideration for a juror to be seated is whether or not he/she is able to be fair and impartial under the present circumstances. If the juror was an old classmate of the... Read more »
Aggravated Assault two counts and Aggravated Battery being the worst, since the victim was struck with a machete on the head and used their arm to block another blow rendering it useless in the same commission. Convicted on every injury towards the victim and sentences to consecutive 20 year terms... Read more »
answered on Aug 18, 2022
If the convictions stemmed from one succinct criminal transaction and all against the same victim, then the aggravated assault convictions should have merged with the aggravated battery conviction for sentencing purposes. See Regent v. State, 299 Ga. 172, 787 S.E.2d 217 (Ga. 2016). However, note... Read more »
answered on May 21, 2023
Whether or not the tape would be admissible would depend on why it's being offered. However, generally speaking, the fact that the person on the tape had been drinking would not in itself make it inadmissible.
answered on Mar 21, 2023
The best places to find case law is via Google Scholar. It is free. All you need to copy/paste is the case cit. Here is the link:
answered on Jan 15, 2023
You have 30 days from the date of the order to file a notice of appeal on a probate Judge's decision.
answered on Nov 7, 2022
I assume it is an exhibit / affidavit for a motion to dismiss the appeal.
I filed many times teying to get thr Judge to respond. Is this action by the Judge legal?
answered on Oct 16, 2022
I regret that your question did not contain enough information to formulate an answer. For example, what is the case about? You said you have filed your "arguments"--that still does not give me enough information. And can you appeal--still not enough information...
The landlord's ledger of my payments is an e-file. The judge said that the final decision would be based on that ledger. Can I view it too?
answered on Jul 26, 2022
You should be able to view the entire record, including materials from the other side.
answered on Apr 12, 2022
Need more facts to answer this question. The hearsay evidentiary rule excludes out of court statements that are offered to prove the truth of whatever it asserts. If the un-indicted accomplice is available to testify, then he/she can testify, to an extent and subject to many evidentiary objections,... Read more »
How long does this process take the district court to do this? Is the psr always redone
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
Pertaining to OCGA 24-14-8. The question is what exactly am I looking for to determine if the accomplice corroboration charge was or was not included into my jury instructions
answered on Feb 2, 2022
You can purchase a transcript of the trial proceedings or a portion of it. The jury instructions would be included.
For more information visit my website at www.LevinLawyerGa.com
answered on Jan 5, 2022
First of all, I am not a GA attorney. That being said, if this was a criminal proceeding, you have 30 days from sentencing. Regardless, it's 30 calendar days not 30 business days for an appeal. You could still file a motion for new trial with trial court, however, that motion --generally--will... Read more »
answered on Nov 1, 2021
This will depend on they type of case and what causes you might have for an appeal. Appeals usually have a short time to file so it is best to retain counsel as soon as possible
he said I need to get another attorney cause he doesn't like losing I only had two days left after he informed me that he wouldn't be handling my case cause he doesn't have time, I found out online that my case had been affirmed.
answered on Sep 15, 2021
I'm sorry, but what is your question?
Don't know if the parents are pressing charges & for the moment she is in jail and bond is posted and already had a court appearance but asked for a court appointed lawyer & he hasn't showed nor called her & the charges she have is Aggravated assault (Felony) Cruelty to... Read more »
answered on Sep 7, 2021
The first and only thing she should do now is secure defense counsel. She should not be speaking with anyone about the situation - period. Only discussions with legal counsel are protected.
Not on any lease for the apartment complex with no signed documents with them I had moved in to help the lease holder financially two plus years ago with him leaving town shortly after I continued to pay the rent and utilities for over 20 months no issue but late once COVID hit. Was to get... Read more »
answered on Jun 24, 2021
Honestly, there are too many moving parts in your situation. It would be best for you to sit down with an attorney to discuss the problems you have individually and more specifically.
Suffocated and drugged to the point I cannot sit up when I was taking the first time to jail. I do not want to go back to jail what can I do
answered on Jun 10, 2021
Simple assault is a misdemeanor. As such, it carries up to 12 months in jail. I would suggest that you contact an experienced criminal defense attorney for representation. Furthermore, if you have been diagnosed with any kind of mental health disorders, gather that paperwork for your attorney -... Read more »
answered on Feb 8, 2021
It depends on whether you were actually the subject of the warrant or you have been mistaken for the person on the warrant. There should be some additional information such as DOB, height, weight, etc. The name issue can be cured by issuing a new warrant with the correct name.
I had a codefendant that was sent home on probation he was the only witness he was sent home via plea by a different judge due to the fact he worked for my trial judge I asked my judge to recuse due to this fact she stated that it was true he did work for her but refused to recuse herself from the... Read more »
answered on Jan 26, 2021
You need to ask your trial lawyer for guidance on the appeal, as you are entitled to at least one level of appeal. http://www.gapubdef.org/ can assist you if the trial attorney is incommunicado.
For private assistance I recommend folks use Adam Hames, Ms. Leighann Webster or Scott Key.
I was charged with a felony entering auto in 2009 and was tryin to get it taken off my record for a better job. I Was curious if it is something I could do on my own or If I have to get an attorney to do the process.
answered on Jan 4, 2021
I would always recommend retaining an attorney for any criminal matter. An attorney will be able to draft the proper motion and prepare the proper arguments for retroactively treating your conviction under the First Offender Act.
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