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Georgia Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Georgia on
Q: Can you get a bond when you have a in state fugitive warrant Misdemeanor

My husband was arrest in Henry county and the in state fugitive warrant was out of Atlanta what going to happen next would he able to get a bond or do you have a ball park Figure about the Costc

Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Sep 12, 2022

Judges have discretion as to whether to give a bond on fugitive warrants, but most judges deny bond in these cases for fear that the defendant is a flight risk. We regularly handle matters in Henry County and Atlanta, however, cannot give a ballpark figure as to cost of representation because that... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: If I am no longer on probation can I try to communicate with my daughter

I was on probation for 10 years and not allowed to contact my daughter. The court never specified when I could contact her again. She is now 16.

Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Sep 12, 2022

If the probation order stated no contact and the order is still in place, you must abide by all conditions. However, if the Order is no longer in place, the conditions of the order are also no longer in place. Now, this does not mean that you will automatically be able to contact your daughter.... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: I signed a waiver to do away with probation from another state but was picked back up on it
Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Sep 12, 2022

Are you sure this it what the waiver covered? There are a number of different waivers in criminal law, so without having more information and without seeing the waiver, I cannot provide much more information.

1 Answer | Asked in Criminal Law for Georgia on
Q: Can I get my boyfriend out of RSap if I feel like he has a mental health issue

He is on state probation and only has failure to report

Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Sep 12, 2022

If he only has technical violations (failure to report), depending on the length of time that he has failed to report, the reasons he failed to report, and the amount of time he has left, this may be an option for him. There are a number of different factors that go into this equation.

1 Answer | Asked in Criminal Law for Georgia on
Q: OCGA16-5-23.1(f) OCGA16-5-20 do these first time offenses carry jail time
Zachary Taylor Beck
Zachary Taylor Beck
answered on Sep 9, 2022

Possibly. Upon conviction or open plea, each offense could result in a maximum of one year of jail time (i.e., two years of jail time total).

1 Answer | Asked in Domestic Violence, Criminal Law and Family Law for Georgia on
Q: What if the victim doesn't want a protective order ior if yall married with kids
Joshua Schiffer
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Joshua Schiffer
answered on Sep 4, 2022

Lots to unpack there. It "all depends" on the situation and facts, as a TPO is different from a criminal charge and the bond from a criminal charge operates differently than a TPO.

Marriage adds more complications and a step back to gather your thoughts and get some guidance from...
Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: How is "Primary aggressor" defined by law
Joshua Schiffer
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Joshua Schiffer
answered on Sep 2, 2022

As it sounds and from the perspective of the report maker, generally the police officer investigating the incident. It is not a conclusive finding in an investigation, and primary aggressor is most important when determining who is going to be arrested and then during the prosecution it becomes... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: I was in a shootout with someone and he started shooting at me first though my truck and I exited the vehicle

I returned fire and I have the right to carry and he is a felon and I was charged and he didn’t get charged with anything and in the bound hearing the DA never mention me getting shot just said I was shooting at him and gunned him down

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 31, 2022

The D.A. represents the State, not you. Thus, the D.A. is not going to present self defense evidence which would benefit you. You need to hire a criminal defense attorney who can argue and present evidence that you acted in self defense.

1 Answer | Asked in Criminal Law for Georgia on
Q: Should a sentence be recompiled if the charge which caused the revocation is dismissed due to prosecutor's negligence.

I was charged with felony obstruction of an officer for throwing liquid out of a cell.I proclaimed my innocence and there was 3 other cells that could have done it.A year later the charged was dismissed as I had statements from the perpetrator that he had done it.

Jermario L Davis
Jermario L Davis
answered on Aug 29, 2022

The short answer is No. The proof needed to revoke your probation is much lower than that which is required to convict you of a crime. This means, a prosecutor may have enough evidence to violate your probation but not enough evidence to convict you of the crime that led to the petition to... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: Is wearing a thong bathing suit to the pool/lake considered indecent exposure in the state of Georgia?
Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 29, 2022

O.C.G.A. sec. 16-6-8 provides: A person commits the offense of public indecency when he or she performs any of the following acts in a public place:

1. An act of sexual intercourse;

2. A lewd exposure of the sexual organs;

3. A lewd appearance in a state of partial...
Read more »

1 Answer | Asked in Criminal Law and Car Accidents for Georgia on
Q: I wanted to know what I should do next if I left a scene of a situation

I got into an argument with a family member when I tried to leave the family member but themselves in front of my vehicle started recording me and I proceeded to leave and I ended swiping the car door panicked and left cause I had no insurance and she told the police I tried to hit her with my car

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 24, 2022

Pay to fix the person's car and call the District Attorney's office and the police department in the county/city where the incident occurred to determine if an arrest warrant has been issued.

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: What is will judge most likely do in a revocation hearing.

Felony probation. Has been on it for 3 years after serving prison time and parole. He violated probation by not completing all of the drc treatment plan. He couldn't work and do those classes completely. He has 2 babies age 1 and 3 whom he is the main provider. His family is facing eviction... Read more »

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 18, 2022

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... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Georgia on
Q: Do I have a civil case against the deputy or the county for violating my rights?

I was approached by a deputy while standing in a hotel parking lot and charged with obstruction for failure to ID, arrested and put in jail in Georgia.

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 18, 2022

You do not have to provide ID unless you are driving a car or the officer has probable cause to suspect a crime was being committed. Thus, if the officer had probable cause to believe you were committing a crime, then any civil suit would fail. Further, suing police officers for conduct committed... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: if a person is already on parole or probation, and they get charged with battery of a dating partner strangulation?
Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 18, 2022

Not sure what the question is. However, the person could have their probation or parole revoked for being charged with a new offense.

1 Answer | Asked in Criminal Law for Georgia on
Q: Hello my boyfriend was charged with 46 financial transactions card they say it was over $4k he is on state probation

What will they do ..how much time will they give him this is his fourth time being locked up

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 18, 2022

Georgia superior court judges have wide discretion when sentencing a defendant. Thus, there is no clear answer to what sentence the judge will enter upon conviction. Many factors go into sentencing including: age, criminal history, community involvement, etc. Some judges will even consider drug use... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Domestic Violence for Georgia on
Q: Can a conviction be remanded being the charges did not merge even though it was in the same commission with a weapon

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 »

Zachary Taylor Beck
Zachary Taylor Beck
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 »

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: Can a convicted felon with a replica decorative gun and decorative bullets be convicted of a “FIREARM”?
Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 18, 2022

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... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: how many days for dose it take for a fast and speedy trial if it gose over over the speedy trial limit what do i do next
Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 18, 2022

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... Read more »

1 Answer | Asked in Criminal Law, Traffic Tickets and Municipal Law for Georgia on
Q: O.C.G.A. 40-6-395 Is this a conviction of this crime and is this right?

I had an incident where I was speeding, I got scared when i saw the police lights, and ran from the officer in my vehicle, then calmed down and left my car in park to walk back to where the officer had stopped to turn myself in. In court, the judge ruled it as a traffic infraction with no points... Read more »

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 18, 2022

DDS is an executive agency with its own policies and rules, which the Georgia Legislature delegated the legislative authority to DDS to make. An answer explaining separation of powers, the non-delegation doctrine, and that it is a privilege, not a right, to drive in Georgia would require a lengthy... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: Do I have the write to ask for a dismissal seeing I was arrested on 04/09/2020
Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 18, 2022

No. Either an accusation or indictment may be brought against you (I am assuming neither has happened). At that time, depending on the crime charged, you would raise a statute of limitations defense.

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