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I paid for a bounced check on March 7, but I have received a mandatory court appearance notice. Why do I still need to appear in court, and what could be the possible legal implications or charges involved?
answered on Mar 25, 2025
It depends what type of summons you received. There could be civil or criminal hearing. Civil just means they want more money. If you already paid everything back then you don't have anything to worry about. Criminal hearing could be a fine, probation, or jail time. It just depends on the... View More 
My son is being accused of a crime committed when he was a teenager. Recently, at age 19, he was brought in by police for questioning. He informed the detective that he would not speak without his lawyer present, and his lawyer was already in contact with the office. Regardless, the officer claimed... View More
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answered on Mar 25, 2025
It very well could be. If the questioning and the demanding of the cell phone password occurred after your son invoked his right to counsel, then it's potentially a violation of his 5th and 6th Amendment rights. However, an experienced attorney would need to review the evidence before drawing... View More
I was a passenger in a vehicle that was pulled over for reckless driving. During a search, drugs were found under the driver's seat, but I had no knowledge of them. Both the driver and I were charged with possession and trafficking after the driver refused to claim ownership. I was detained... View More
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answered on Mar 24, 2025
I want to be straight with you--this isn't something you should be asking questions on the web about and then trying to navigate yourself. This is serious, serious business! Trafficking sentences carry mandatory jail time, and it cannot be suspended-that means the judge HAS to send you to... View More
I am scheduled for my first court appearance next week for a DUI, hit and run, and failure to maintain lane charges. I received a notice saying the case will be called for a Motion to Nolle Prosequi, and I have the option to waive my appearance. What does this motion mean for my case, and what... View More
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answered on Mar 24, 2025
A "Motion to Nolle Prosequi" is the fancy legal term for the state moving to dismiss your case. It means that they don't intend to pursue the charges against you. They have to put it down for hearing, because it gives you the opportunity to object if you wanted to (for some reason.)... View More
I am trying to file a civil claim related to an assault by a coworker in Fulton County, GA, with the intention of pressing charges. A police report has already been filed, and I know the coworker's full name and place of employment, but I do not have their date of birth or address. How can I... View More
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answered on Mar 6, 2025
You need to go down to the Fulton County courthouse and fill out a "Warrant Application Form." The fee is $20. The office is file the form is located in the Carnes Building, 160 Pryor Street, Room J150. You have to fill out the form, then go next door to the accounting office in the... View More
I am involved in a criminal case where the judge, who has continued the case for three years with no end in sight, is friends with the opposing side. We have pictures of them together at a Braves game. Formal motions for recusal have been filed, and there is a hearing scheduled for tomorrow. How... View More
answered on Mar 3, 2025
Judges are to ensure fairness and stay away from the appearance of impropriety. If you are the defendant and you feel like the Judge's behavior has been unfairly prejudicial, you are right to raise the concern. However, most lawyers and judges know each other and often know each other very... View More
Is it legal for me, as a 20-year-old, to have a handgun that is legally registered to my 22-year-old spouse in our car if we live in the same household in Georgia, and the gun will remain in the vehicle when in use?
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answered on Feb 27, 2025
No, unless perhaps the gun is secured in a locked safe that you do not have access to. While you are driving a motor vehicle, under the law you have possession, access and control of any items also found in that car. So while you may not "own" the gun, you are "possessing" it... View More
I am still in love with my husband but his infidelity has caused us to move forward in separation and divorce, his mistress have been recording mine and my husbands conversations and she is helping him to build a case against me. There is nothing that I did to end this marriage except for not... View More
answered on Mar 3, 2025
Before a court will award you the marital residence they will consider if you can afford the mortgage, if there is a mortgage or a loan on the home, and if there is no mortgage, they will consider all relevant factors to determine whether to award you the residence, including the length of the... View More
answered on Feb 7, 2025
You need to reach out to the GCIC department over at the GBI and get them to correct the inaccuracies. https://gbi.georgia.gov/georgia-crime-information-center
Erroneous information will cause major headaches for the rest of your life as Authorities basically "trust" the GCIC... View More
Family member is having severe pains, unable to use the bathroom properly and he has reached out for help but no help.
answered on Feb 7, 2025
The BEST thing you can do is advocate with the prison as well as the GA DOC and your local elected representatives until you get a response. BE SURE to record as much as possible and communicate in WRITING. The Prison has duties and they sadly only fulfull them when there is a record showing how... View More
The accused has been charged since the initial bail hearing but does not have a court date. Can his lawyer file a motion for a second hearing?
answered on Feb 7, 2025
Depending on the charge, the First Appearance Judge may not have had the ability to grant a bond, or they could have just declined.
Regardless, the lawyer should be able to file for the proper hearing in front of then proper judge immediately, and then it is all about getting the person on... View More
My husband who is on adult felony probation attacked me for the first time ever in March 2022. He nearly beat me to death. He was on probation then and was arrested with new charges of Aggravated Assault and False Imprisonment. Because I truly thought that he had a mental health break which led to... View More
answered on Feb 7, 2025
It would be very difficult, if not impossible, to expose a State actor to civil liability in this scenario.
State Actors have substantial immunities attached to their work and as this case involves an under sentence violent felon with know criminal tendencies choosing to continue to... View More
answered on Jan 22, 2025
You have LOADS of impact on the case, although the final call to prosecute or not is solely the State's.
At the same time, your participation (if you are central to the case) may be necessary for the State to move forward and you have the freedom to cooperate or not. If you refuse to... View More
He has a very small minor criminal background. No felonies. Do you think he could get an offer of probation for all his pending charges? Also he's been in jail for 90 days with no bond. When will he get a bond?
answered on Jan 22, 2025
Well, there are a few things to unpack there.
Procedurally after 90 days of pretrial incarceration he should be indicted or bond needs to be set, as much as the courts ignore the law regularly. His lawyer should be pitching a fit.
THAT BEING SAID, these kinds of DV charges are... View More
My bf was arrested after cops told us "eight people seen him pull my hair and was willing to write statements" however is was pitch Black and honestly did not pull my hair or touch me in any way he is charged with simple battery at the moment but does say charges pending and they said... View More
answered on Jan 19, 2025
Commonly putative victims want to clarify the reported details of their incident, and unfortunately that comes with a load of consequences. The State can and WILL use any clarification as alleged evidence of abuse and control, and try to substitute their judgement for the witness's.... View More
If I get a out of state ccw permit from a state that allows carry under the age of 21 can I then carry in GA as a 19 y/o?
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answered on Jan 13, 2025
No. Georgia is a constitutional carry state, which means you do not even need a permit to carry a concealed firearm if you're over 21 and otherwise allowed to have a firearm.
That being so, if you have a concealed carry permit from another state, reciprocity would mean that Georgia... View More
These are his changes. Improper Lane Change/Failure to Maintain Lane
Trafficking in Cocaine, Illegal Drugs, Marijuana, or Methamphetamine. I wanna know what they gonna do like he need a lawyer bad to help us
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answered on Jan 12, 2025
He did not get a bond because of the trafficking charge. Magistrate courts are not authorized to give a bond for someone charged with trafficking because only a Superior court can issue a bond on those cases. Practically speaking, a bond motion that needs to be filed on his behalf and then... View More
First misdemeanor marijuana charge and the felony charge is a pill.
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answered on Jan 12, 2025
Sure-under those circumstances you "can" get a bond. There's nothing in the law that says the court cannot give you a bond under those circumstances. However, if the prosecutor/court knows or finds out that you picked up a new felony charge while out on misdemeanor probation, they... View More
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
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