Lawyers, Answer Questions  & Get Points Log In
Georgia Criminal Law Questions & Answers
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 »

1 Answer | Asked in Criminal Law for Georgia on
Q: I was pulled over, vehicle surched, and officer shows a dollar bill with what he said was meth, ive never seen it

What should I do?

Robbie Levin
Robbie Levin answered on Apr 10, 2021

You should talk to a criminal defense lawyer ASAP. A felony record will have negative effects on your life that you’ll want to avoid. An experienced attorney can likely help to keep your record clean.

For more information visit my website at www.LevinLawyerGa.com

-Law Office...
Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: Is it a crime to get got with sandwich baggies in car with no drugs

Drug paraphernalia law

Robbie Levin
Robbie Levin answered on Apr 8, 2021

It is not illegal to possess sandwich baggies.

For more information visit my website at www.LevinLawyerGa.com

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 and Wrongful Death for Georgia on
Q: can a witness also watch and listen to trial as it takes place

I am a child to a deceased mother, who was killed due to domestic violence,, i am almost sure I will have to testify and i would like to listen and watch the trial as it proceeds. My family is saying that’s not allowed and I’m worried.

Christine King
Christine King answered on Apr 1, 2021

I am so sorry for your loss. I am sure this has been very difficult. Unfortunately, sequestration of witnesses is a normal practice. It is designed to illicit truthful testimony that has not been swayed by the testimony of other witnesses. Ultimately, it is up to the judge.

I hope...
Read more »

2 Answers | Asked in Criminal Law for Georgia on
Q: How do I find out if the charge was dropped or is it on my record

I went to jail in 2017 for battery and cruelty to children 3rd degree where all I did was move the child out of the way so she wouldn't be hurt a cps worker came to the jail to talk with me and I never heard anything else from it I'm wanting to know how can I find out if they did charge... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Mar 31, 2021

You may want to consult with an attorney who can review the facts of your case in detail and provide you with guidance.

View More Answers

1 Answer | Asked in Criminal Law for Georgia on
Q: How much would I expect to pay retaining a criminal defense lawyer for the following charges in the state of Georgia

Aggravated assault, burglary, convicted felon in commence of a firearm 2 counts tampering with evidence.

Robbie Levin
Robbie Levin answered on Mar 20, 2021

Probably at least a $5000 retainer. However there are other factors that effect the price of an attorney.

For more information visit my website at www.LevinLawyerGa.com

1 Answer | Asked in Criminal Law for Georgia on
Q: If the grand jury calendar shows special presentment under the case, what does this mean?

The officer is GBI and under charged the calendar says special presentment

Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Mar 16, 2021

This essentially means that the charges on the indictment are not a result of an arrest warrant. Where the general procedure is for a law enforcement agency to perform an investigation, execute an arrest warrant and then provide the prosecuting agency with their file. The prosecutor then reviews... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: Questioning the legality of a search of a passengers purse

Hello,

A friend of mine and his wife were stopped by a K9 unit officer for a decorative hitch cover. The officer said it obstructed the view of his license plate. The officer asked for permission to search the vehicle. My friend told him "no" so the officer asked him and his wife... Read more »

Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Mar 4, 2021

Based on what you have stated, there appears to be probable cause to search. While open air K-9 sniffs and alerts can be attacked on many levels such as K-9 training records, past false alerts and improper signaling; the fact that drugs were found inside the vehicle drastically diminishes that... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: What's the difference between a probation hold? And a probation arrest warrant? And why isn't it done at the same time?

My fiance was arrested for aggravated battery 27 days ago. He went for bond hearing the 2nd day of him being arrested. The judge let him know the probation has a hold on him. 27 days later he was served with an arrest warrant for probation violation?

I thought everyone is innocent until... Read more »

Meg Strickler
Meg Strickler answered on Mar 1, 2021

Your fiancé violated the terms of his original probation with the new arrest. In all cases, when one is put on probation, there is a statement that says "while on probation do not violate any laws" or something to that effect. So, an ARREST not conviction will trigger a probation... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: i was arrested for stalking and i had absoultly no contact with the person and i filled a report prior to the arrest

this person has targeted me and my wife continually i had cctv footage showing i never left the house when offered to police they would not accept it and i have never been warned to stay away or no contact never been in a relationship either im married

Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Feb 18, 2021

Stalking can involve more than just in person contact. It depends on the context of the stalking. If it is based on allegedly following a person and you have an alibi for the time of the alleged contact, then you should be able to combat the case successfully. I would suggest that you hire an... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: I had back surgery in December and still on doctors orders not to return to work. My fmla is running out.probation

Will this violate probation

Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Feb 16, 2021

I am not sure what your question is. Is there a special condition of probation that you remain employed?

1 Answer | Asked in Criminal Law for Georgia on
Q: How long do I have to wait to get purchase a firearm after I completed my first offender probation
Brandon Alexander Thomas
Brandon Alexander Thomas answered on Feb 13, 2021

You have to wait until the judge issues an order discharging you from probation. Call your probation officer and tell them your sentence is over and ask for your discharge paperwork from First Offender. Probation will then contact the judge and get them to sign off on your discharge.

1 Answer | Asked in Criminal Law, Employment Law and Sexual Harassment for Georgia on
Q: 17yr old son moved in with his 31-year-old supervisor w/o permission. What Georgia laws could this woman be breaking?

I am a Kansas resident and my son was until I let him finish out last year of HS in Georgia with his grandmother on a power of attorney. He hasn't been living with her for the last six months or so and she failed to tell me and lied about it when I asked until I had proof. I'm concerned... Read more »

Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Feb 9, 2021

Unfortunately I do not believe there is any criminal conduct since the relationship began when your son was 16. I do share your concern and it would likely be best for him to leave that situation.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Georgia on
Q: If the name in my arrest warrant is not my name is that warrant invalid?
Tracy S. Reeves Jr.
Tracy S. Reeves Jr. 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.

1 Answer | Asked in Criminal Law for Georgia on
Q: Probation come looking for my uncle at his residence witch is next door to me . he wasn't home. Police then came to my h

I told my uncle's probation officer he was not there and they asked me to tie my dog as i was out of their sight the police officer claimed he searched my house and found drugs and my grandfathers gun . I was then took to jail. . I didnt know what I was being charged with until my bond... Read more »

Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Feb 8, 2021

I presume your Uncle's address is next door and not your address. Did you give the officer consent to search and/or look for your Uncle in your home? Do you have your disposition showing that you successfully completed your First Offender sentence?

3 Answers | Asked in Criminal Law and Wrongful Death for Georgia on
Q: If a country jail releases someone that is a illegal and they commit murdered my mother the next day can I sue them

It was my mother who was murder

Regina Irene Edwards
Regina Irene Edwards answered on Feb 5, 2021

There is no such person as an "illegal." A jail is not responsible for the actions of an undocumented person who may commit crimes after their release. Same for a citizen.

View More Answers

2 Answers | Asked in Criminal Law and Municipal Law for Georgia on
Q: If my case was “Nolle Prosequi”, will my arrest still show on a background check?

I was arrested for a misdemeanor shoplifting charge in Georgia in 2020. I completed a Pretrial diversion program and was granted Nolle Prosequi. The municipal court mentioned something about a restricted record. Will my arrest show up? Is there any way to check? I want to be able to have a clean... Read more »

Robbie Levin
Robbie Levin answered on Feb 4, 2021

If the case has a record restriction, it should only be available to law enforcement.

For more information, visit my website at www.LevinLawyerGa.com

-Law Office of Robbie M. Levin, Esq.

View More Answers

1 Answer | Asked in Criminal Law for Georgia on
Q: How to get gun rights back on first offenders and conditional discharge?

In one county final charge was theft by taking(felony) was sentenced to 3 years probation on first offenders.

Different county final charge was possession of morphine(felony) was sentenced to 3 years probation ran concurrent to the first under conditional discharge.

Once all is... Read more »

Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Feb 4, 2021

Presuming that you successfully complete your sentences you will not have an adjudication of guilty on any felony cases and your record should be restricted. Once everything is completed, you can run a criminal history at any police precinct to see if the arrests have been taken off your record.... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: Good morning.. how can they take a warrant out for me when the victim didn't write a statement on me??

She had to go to the ER. was there they called the police. She was heavily sedated on pain meds cuz she broke her nose on the dash in my truck. She told the cops what happened and when they asked her to write a statement she said no.

Jermario L Davis
Jermario L Davis answered on Feb 3, 2021

Oftentimes if there is any evidence indicating that the incident was a result of domestic violence, law enforcement will make an arrest warrant. This applies even if the alleged victim is reluctant or does not write a statement.

From the perspective of the prosecuting attorney, a...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.