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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
My wife and I had a domestic dispute unfortunately in front of the children. My wife has a criminal defense attorney but I feel as I may need representation because of the circumstances what should I do?
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answered on Sep 26, 2024
You would probably also want to consult with a criminal defense attorney. Not only would one best understand the ins and outs of the case your wife is a defendant in, but would also be able to look out for your own personal interests in a way that her attorney would/could not. For example, if you... View More
My wife suffers from extreme mental health and we had a domestic dispute in front of our children. My wife was arrested and my children and I made some statements at the time that were not all the way true but we were mad and scared at the time of the incident. Now I have sent letters to the DA... View More
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answered on Sep 26, 2024
Both the police and the state treat domestic violence cases very seriously and are reluctant to drop them. Once they get involved, it becomes their case and they can proceed even without the consent or cooperation of the victim(s). You cannot simply ignore the subpoena. It may be wise for you to... View More
Will a warrant also be issued for the victim for an aggravated stalking charge?
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answered on Sep 26, 2024
No, with a "no contact order," the victim is not under any legal order of the court. So, when a defendant is under a "no contact" order, even if the victim approaches them or contacts them, it is still that defendant's duty to avoid the contact or face consequences from the... View More
aggravated assault(x2) , criminal street gang , terroristic threats & altered serial number weapon charge. I haven’t been formally charged on anything / Indicted on any of those charges what can I do to get those charges dismissed so I can return back to my active duty
answered on Sep 25, 2024
Your charges are felonies, so the District Attorney has some time before they are required to indict your matter before you are eligible for dismissal based on lack of prosecution. If you desire to return to military service, occasionally, an attorney can convince the DA to look at the matter... View More
This was a year ago and the person got 5 years probation a fine and of course no contact with the other person. The lawyer did ask this person if they could please nolo but they said no because they didn't know that you could do it after they had before but that's been 30 years ago.
answered on Sep 8, 2024
You need to get a second opinion from a local criminal lawyer as generally you can move to amend or clarify sentences on a motion, but no guarantees. Failure to use all your remedies is an appellate issue and can be ineffective assistance of counsel, but there is a lot of strategy at play the... View More
answered on Sep 8, 2024
In short, yes. Generally sentencing happens AT PLEA in GA, so I am a bit confused by your situation, and talking with the Public Defender or a private lawyer is a good idea as that sounds strange.
BY law, you have the right to move for a withdrawal of your plea within the current term of... View More
answered on Sep 8, 2024
Misdemeanors are generally not subject to interstate extradition, although they can result in other impacts such as on your driving record.
If the charge is IN Georgia, the locals will generally arrest and hold the person with the warrant and make them available to the jurisdiction with... View More
I was placed on probation for pretrial diversion in GA. I’ve completed community service and my classes but don’t have the admin fee to turn in before my probation is up. My PO said he will have to send it back to court because I didn’t complete it all. What should I expect?
answered on Sep 8, 2024
Get with the program coordinator, DOCUMENT YOUR EFFORTS IN WRITING, and stay compliant with EVERYTHING possible outside the money. Courts do not like incarcerating folks for legitimate financial hardships (theoretically illegal) and while it may get bumpy, you should be in good shape. Try to pay... View More
Let me explain, my friend got charged with battery and terroristic threats the other day, I am the one who bonded him out last night. He went to first appearance yesterday and in court the judge read details of the case and announced the victim named in the case. Both the details and the victims... View More
answered on Sep 8, 2024
Act fast and try to nip this one in the bud!
Mistaken identity arrests DO happen, and your friend will want to talk with a criminal defense attorney with experience in Civil Rights to ensure that the case gets dismissed AND any/all issues are preserved if there is any kind of claim against... View More
I plead guilty to a felony crime because the lawyer wouldn't help in any just kept telling me it would be best to plead guilty a blind plea then when he handed the judge the paper work he said I also put on here he could not withdraw his plea does a lawyer have that kind of say
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answered on Sep 5, 2024
In Georgia, if a Defendant enter a blind plea, that is a plea that is not based on a recommendation from the State, then the Defendant has no right to withdraw their plea if they are given a sentence that they are unhappy with. When you plea under a negotiated plea, one with a recommendation, if... View More
I am waiting for a trial date that was moved from Gwinnett to Fayette County. I believe I've been a victim of Probate Fraud. The executor and his lawyer got me to sign a " no administration required" early on. Theses were meant to be used in small estates worth $15,000.00 or less.... View More
answered on Sep 3, 2024
There is no monetary limit on a No Administration Necessary filing. The only requirements are:
1. All heirs must agree to the distribution of the assets of the estate.
2. There are no debts of the estate.
3. If there are debts of the estate all creditors have consented to... View More
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