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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... View More 
State law doesn't consider you parked if unloading or loading of people 1goods but County says can't park on grass ????? Can I park on grass if I'm loading unloading???
answered on Dec 18, 2024
This would be very fact dependent. Most importantly, was there a specific sign prohibiting Parking on the Grass?
I would take a look at O.C.G.A. § 40-6-203, because it lumps stopping, standing, and parking a vehicle into one category in subsection (a). This doesn't destroy your... View More
This was after 3 years of probation with no violations and on non report. Did that mean my probation got terminated early also?
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... View More
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,... View More
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
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
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
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... View More
I had an outstanding warrant I just feel like I was illegally detained and was forced to identify myself in Georgia
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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... View More
The indictment is word as is are charged as party and party to the crime but does not say which is which is this flawed
answered on Dec 9, 2024
The specific language used in the indictment is very important. Flaws within the indictment can significantly impact the outcome of the case. For example, if challenged and the indictment fails to properly allege the crime, the entire case must be thrown out regardless of the evidence. Depending on... View More
Manufacturing/deliver/Distribute/Administer/Sell/P
ossess w/ Intent to Distribute C.S.
Possession and Use of Drug Related Objects
He has never been in trouble before
answered on Dec 9, 2024
I believe you are asking what will happen at his first court date. This will generally be Arraignment. At this court date, the judge will formally read the charges to him and he will enter his initial plea of guilty or not guilty.
I would strongly recommend that he speak with an attorney... View More
Manufacturing/deliver/Distribute/Administer/Sell/P
ossess w/ Intent to Distribute C.S.
Possession and Use of Drug Related Objects Was his charged he has never been in trouble before
answered on Dec 9, 2024
This is a very serious charge that will have long-term implications. He needs to find a skilled attorney to help him navigate the system. While punishment is extremely harsh, should he be convicted, there are several options available to him to help protect his future.
First, we would need... View More
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
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
Investigators stated it's your unlucky day we're doing it by lottery and we're searching everyone in the neighborhood that has the fourth waiver. Probation officer was unaware they were doing this and is still unaware
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answered on Nov 14, 2024
Normally, you would be protected from such a search by the Fourth Amendment. However, with such a waiver, it usually means you've specifically signed away any right you would otherwise have to contest a search by probation or any law enforcement officer as a term of probation. Probation is an... View More
He was arrested on a simple battery warrant l, paid the bail for that—but today was transferred to another county to satisfy a battery warrant. I was the victim in both cases, I just want to know how likely. I am praying he gets bond for this county.
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answered on Nov 7, 2024
I would say it's probably pretty likely, assuming the other battery warrant is also for a misdemeanor. If you really wanted to stack the deck in his favor, you could reach out to the prosecutor's office and tell them that you are the victim in the case and that you want them to give him a bond.
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answered on Oct 27, 2024
Any case that might state this would merely be referring to the actual language of the statute (OCGA 16-6-24(a)), which provides:
"A person commits the offense of aggravated battery when he or she maliciously causes bodily harm to another by depriving him or her of a member of his or... View More
Affidavit does not provide any information on why officer believes this occurred?
That is upon what do officer base his belief?
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answered on Oct 25, 2024
Under Georgia law (OCGA 17-4-45), an affidavit in support of an arrest warrant is only required to identify the county where the affidavit is being filed; the name of the person making the affidavit; a statement affirming that the affiant is making the affidavit under oath; the name of the person... View More
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answered on Oct 17, 2024
Yes. The standard of proof for an arrest is relatively low; the fact that the person may not be mentally sound is a defense to the charge, but not something that would prevent the charge from actually being made. Once the case makes it to court, the individual's attorney could then assert... View More
Is it right for an attorney to call client Sunday night and say court at 9am tomorrow Monday?
answered on Oct 16, 2024
Yes, while a lawyer should give their client as much notice as possible regarding court appearances, it is not the lawyer's responsibility to put the client on notice about Court in criminal cases. The Court issues notices via mail or in Court. The client signs notice for their new Court... View More
The passenger in my car exited and ran , he was then tased before falling allegedly two firearms was found in the open field where he was arrested one firearm with the serial number was altered he stated “ the weapon was in the when he got in there I was questioned and stated “ I knew nothing... View More
answered on Oct 16, 2024
The police are allowed a lot of discretion and leeway in the type of charges they bring during an investigative phase. Although the weapons were not found in your vehicle or your possession, since they were found close to the scene of the crime, this is likely why they charged you both with the... View More
My motorcyle was stolen and involved in a police chase where the guy wrecked but got away on foot. 2 weeks later I was arrested for the crime and charged with 13 different charges including avaiding and eluding
answered on Oct 16, 2024
As a Defendant, you have a right to discovery. Your public defender, private attorney, or even you (if representing yourself) can receive discovery through a written motion for discovery. There are timelines for when discovery must be provided and the DA is not required to turn over... View More
answered on Oct 16, 2024
In Georgia, a judge is required to set a bond on misdemeanor charges (with very few exceptions). Occasionally, higher bonds are issued in misdemeanor cases where a client has a lengthy criminal history- especially if he or she has open cases. Without knowing the specific details of this... View More
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