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Georgia Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Georgia on
Q: Question about TRAFFICKING IN COCAINE, ILLEGAL DRUGS, MARIJUANA, OR METHAMPHETAMINE charge.

If you receive this charge, are you being charged with trafficking in ALL these substances? Why wouldn’t you receive a separate trafficking charge for each offense?

Jermario L Davis
Jermario L Davis
answered on Jun 27, 2022

No. That is just the name for that section which covers multiple substances. The arrest warrant will specify the exact drug/substance that the defendant is accused of trafficking. Unless there are multiple charges for trafficking, the defendant is only being charged with one of the substances.

1 Answer | Asked in Criminal Law for Georgia on
Q: Can I have my fingerprints or DNA expunged from CODIS and state database upon completion of conditional discharge?

Controlled substance possession 2015. Sentenced to 3 years conditional discharge felony probation in 2017. Completed in 2020.

Jermario L Davis
Jermario L Davis
answered on Jun 27, 2022

The general rule is that your DNA is only captured and placed in CODIS if you are convicted of a felony offense. Because you pled under the conditional discharge statute, no conviction occurred. Therefore, your DNA should not have been placed in the system (unless (1) a petition was filed, (2)... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: In the State of Georgia can a person who has been convicted of a state felony and served his sentence own a firearm?

This person completed his sentence 26 years ago

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jun 23, 2022

The short answer is no. However, if the person obtains a pardon from the governor or was sentenced as a first offender and was discharged without court adjudication of guilt, then the person can own a firearm. See O.C.G.A. section 16-11-131.

1 Answer | Asked in Civil Litigation and Criminal Law for Georgia on
Q: What technology do lawyers use to communicate with clients, present evidence to clients, and update them in real time?

We're developing commercial technology to absolutely remove or reduce legal paperwork, real time effortless evidence and detail updates between client/lawyer cases, real-time rapid case communication between lawyer/client. Overall simplifying client/ lawyer interaction and courtroom litigation.

Tim Akpinar
Tim Akpinar
answered on Jun 21, 2022

A Georgia attorney could advise best, but your question remains open for two weeks. Nationwide, the tried and trusted methods are phone, email, and regular mail. However, law firms can operate differently from one another in terms of embracing technology. There are offices that still use faxes,... Read more »

1 Answer | Asked in Criminal Law, Traffic Tickets and Cannabis & Marijuana Law for Georgia on
Q: Can a Georgia stat trooper pull your vehicle over for a missing signal light as being probable cause?
Morris  Margulis
Morris Margulis
answered on Jun 20, 2022

Yes, vehicle equipment violations are permissible reasons to initiate a traffic pullover.

What happens after that point is not necessarily fair game, however.

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: My boyfriend was arrested in March and charged with battery (FVA) and part of his bond conditions was no contact order

With me. But we was never apart and I visited him while in jail and picked him up the day he was released. On June 3rd he was arrested for driving without license and they also charged him with Violation of Family Violence Order and held without bond. He has since plead guilty to the battery charge... Read more »

Joshua Schiffer
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Joshua Schiffer
answered on Jun 16, 2022

All misdemeanors in GA are guaranteed a bond, but it appears the real issue here is they are prosecuting him for violation of a bond condition. Even if he and you wanted to have contact, if he is found to be in contact with you he is subject to prosecution.

The best thing for y'all...
Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: can someone get first offender act if charged with 2 counts of aggravated assault and possession of firearm

the person already has a plea but hasnt excepted it because lack of evidence

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jun 15, 2022

The short answer is yes. However, the person must not have a prior felony conviction and the aggravated assault charge must not have been against a law enforcement officer. Further, judges have wide discretion in sentencing someone as a first offender. See O.C.G.A. section 42-8-60. Therefore, the... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: If i am on probation and someone I am living gets caught with drugs on the premises what happens to me
Zachary Taylor Beck
Zachary Taylor Beck
answered on Jun 9, 2022

It likely depends on the terms of your probation. If a term of your probation restricts you from being around that person or person(s), or anyone you know to have drugs or is a drug user, then the state may allege you violated your probation.

If it is alleged you violated your probation,...
Read more »

1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Civil Rights for Georgia on
Q: Hello. Cam a lawyer please help me.with my case? I want to sue but do not have funds to pay up front. God Bless.

Hello. On 1-3-2022 I was pull over for non-working brake lights (pre-video evidence,they work) 12 broken ribs and lung collapsed and multiple dog bites as well as getting hit by the officers and they admitted to striking in police report. I need help please.

Kimberly Grant
Kimberly Grant
answered on Jun 8, 2022

An attorney probably needs to know more about the facts, before they can agree to represent you. They will want to know if you complied with the police requests or if you were the aggressor. They would likely want to know if you were under the influence of any medications at the time. There are... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: If with a citation and listed mandatory court date, will I be sentenced to a mandatory minimum of jail time?

I got a citation for Possession and use of a drug related object. I went to a website which states that I cannot pay online due to the mandatory court date. Upon further online research, I see a few sources stating that it is a misdemeanor punishable by a fine of no more then $1000 AND 1-5 years in... Read more »

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jun 8, 2022

With the charges listed above, and no prior criminal history, there is no statutorily mandated minimum jail sentence that you would have to serve in confinement. However, judges have wide discretion in sentencing someone to jail (i.e., confinement), probation, fine(s), community service, treatment... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: Can I be forced to testify against my husband on a burglary case predating our marriage?

These charges go back to 2014 and he’s now going to court next week. He did 7 years prison time since then for another county, and the county who initially charged him put a failure to appear on him while he was in prison. He put in production orders and they never came and got him for court.... Read more »

Morris  Margulis
Morris Margulis
answered on Jun 7, 2022

Georgia's marital privilege is laid out in OCGA § 24-5-503.

It doesn't sound like you can be compelled to testify against him, based on what you've said above.

1 Answer | Asked in Criminal Law, Banking and Federal Crimes for Georgia on
Q: If someone uses venmo to fraudulently transfer money from one person's bank acct to their acct and the victim's bank

Tracked their location thru the IP address, but at the time the victim didn't press charges Almost a year later could the victim decide to press charges. The amount stolen was around $2000.

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jun 7, 2022

The short answer is yes. However, an important caveat is that the State (i.e., Prosector's office in the county where the alleged theft occurred) decides whether to pursue charges, not the victim. Therefore, because the amount stolen was over $500.00, the alleged thief would likely be charged... Read more »

2 Answers | Asked in Criminal Law for Georgia on
Q: Is it illegal for a woman officer to search a man the side of the road . There where only two women no man on the scene
Morris  Margulis
Morris Margulis
answered on Jun 7, 2022

No, it is common for officers to perform pat-down searches on their oppositely gendered suspects.

Of course, there may still be other legal issues with the search, including why it happened and how it was performed.

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1 Answer | Asked in Criminal Law for Georgia on
Q: If a drug wasnt found on person during traffic stop can that person be charged with possession??
Jermario L Davis
Jermario L Davis
answered on Jun 6, 2022

The short answer is yes. Keep in mind that it takes a lower standard of proof to charge a person (probable cause) than it does to convict someone of a crime (proof beyond a reasonable doubt). Furthermore, there are different types of possession...physical possession, constructive possession,... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: In Georgia 2010 I was charged and convicted for possessing ten dollars worth of cocaine. Can i get the charge expunged?

I want my gun rights back.

Jermario L Davis
Jermario L Davis
answered on Jun 6, 2022

As a general rule, convictions cannot be expunged in Georgia. Of course, there are some exceptions whereby the defendant may be allowed to withdraw a plea and be resentenced as a first offender or under the conditional discharge statute, if he or she was eligible to do so when the plea/conviction... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: Should the Habeas corpus brief be entered into court before or after the hearing In the state of Georgia
Zachary Taylor Beck
Zachary Taylor Beck
answered on Jun 6, 2022

You have to exhaust your appeals in state court before you can file a federal habeas petition.

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Georgia on
Q: If your ci for a drug task force and dhs comes in and they don't know it and your being drug tested

If your a ci for drug task force and dhs doesn't know it and they want to drug test you but as known you can't blow your cover because then the whole world would know so you react like these individuals and you have to do like they do which is if they say hey hit this you have to so would... Read more »

Joshua Schiffer
PREMIUM
Joshua Schiffer
answered on May 22, 2022

Get your handler to put instructions IN WRITING so IF there are negative consequences you have a built in defense. You may want to hire a private lawyer to assist you as the Cops will hang you out to dry more often than not.

1 Answer | Asked in Criminal Law for Georgia on
Q: My sons charged for charges under a name with different middle name than the name of the accused and different inmate id
Joshua Schiffer
PREMIUM
Joshua Schiffer
answered on May 22, 2022

Scriveners issues and mistakes of this nature should not be ignored, as the State will just "create" an alias for him if this doesn't get corrected, and that will follow him for life.

Get your sons lawyer to fix the error, as it will not prevent the State from prosecuting...
Read more »

1 Answer | Asked in Criminal Law, Employment Law and Federal Crimes for Georgia on
Q: Should I have anything to worry about or that I will have to handle?

Hello, I worked as a retail associate selling cell phones. In that position there was fraud going on with associates also selling phones were doing fraud and selling it to people using other peoples names basically a scammer. Will or can I still be charged for that? I unknowingly sold him phones... Read more »

Joshua Schiffer
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Joshua Schiffer
answered on May 22, 2022

All depends on the investigation and what turns up. You can also either sit silently OR actively participate, if you have an appetite or desire for that. If you may be criminally liable, advance cooperation can also be mitigation for when you face potential consequences. Generally I advise... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: maximum sentence 3 years but Recommended sentence is 3 years probation is what meant in last question??
Joshua Schiffer
PREMIUM
Joshua Schiffer
answered on May 22, 2022

A negotiated deal is presented to the court for approval and the judge can either accept or reject it. In MOST cases the recommendation is is less than the statutory maximum, which is what the court can sentence too for any particular charge. It sounds like the person is taking a plea to 3 years... Read more »

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