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Georgia Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Georgia on
Q: If I have on my record that never happened especially a felony drug charge what can I do?
Joshua Schiffer
Joshua Schiffer
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...
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1 Answer | Asked in Criminal Law and Medical Malpractice for Georgia on
Q: What can be done to get the proper medical care for a family member who is sick and incarcerated needing medical attent?

Family member is having severe pains, unable to use the bathroom properly and he has reached out for help but no help.

Joshua Schiffer
Joshua Schiffer
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

1 Answer | Asked in Criminal Law for Georgia on
Q: If the bail is initially denied, but there is no court date, what recourse does the arrested have? Can he file a motion

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?

Joshua Schiffer
Joshua Schiffer
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...
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1 Answer | Asked in Consumer Law, Criminal Law, Personal Injury and Domestic Violence for Georgia on
Q: Can the Department of Community Supervision be sued?

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

Joshua Schiffer
Joshua Schiffer
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...
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1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Can I as the victim help get an aggravate assault charge dropped?
Joshua Schiffer
Joshua Schiffer
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...
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1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: My friends pending charges are for 2 counts of Agg StalkingFVA, misdm stlking fva, terroristic threats,& harassing call

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?

Joshua Schiffer
Joshua Schiffer
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...
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1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Georgia on
Q: Is there anything I can do to help him ? Like write a letter or something to the judge

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

Joshua Schiffer
Joshua Schiffer
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

1 Answer | Asked in Criminal Law for Georgia on
Q: Can I carry at 19 using a out of state ccw permit

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?

Glenn T. Stern
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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...
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2 Answers | Asked in Criminal Law and Federal Crimes for Georgia on
Q: So my fiancé was pull over in camden county last year in November 19 2024. He went to court they denied his first bond.

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

Glenn T. Stern
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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

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2 Answers | Asked in Criminal Law and Federal Crimes for Georgia on
Q: Can you get a bond with a felony? What happens if you already out on a first offender misdemeanor bond and get a felony?

First misdemeanor marijuana charge and the felony charge is a pill.

Glenn T. Stern
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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

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1 Answer | Asked in Criminal Law and Juvenile Law for Georgia on
Q: Will a 12 year old gets punished if his mother is involved with his spying and those spying group are criminals
Anthony Kozycki
Anthony Kozycki
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...
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1 Answer | Asked in Criminal Law and Traffic Tickets for Georgia on
Q: County says no parking on grass state says no parking standing stopping unless unloading or loading of people or propert

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???

Anthony Kozycki
Anthony Kozycki
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...
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1 Answer | Asked in Criminal Law for Georgia on
Q: I had a felony first offender probation of 5 years(2019). Got notice my CS obligation was terminated after 3 yr. Means?

This was after 3 years of probation with no violations and on non report. Did that mean my probation got terminated early also?

Anthony Kozycki
Anthony Kozycki
answered on Dec 18, 2024

I would need more context to understand exactly what is going on. However, this may be Early Termination under SB105. SB 105 helps individuals who no longer need to be on felony probation move on with their lives.

Here is a quick breakdown of SB105. Take a look and see if this applies to...
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1 Answer | Asked in Criminal Law for Georgia on
Q: Can south carolina issue a Vop warrant after your probation ended and clan the extridite you from ga if the 1st part an
Anthony Kozycki
Anthony Kozycki
answered on Dec 18, 2024

To answer your first question: No. Once your probation has officially ended, you cannot be "violated" for actions you took while on probation; your probationary period is over, and you are no longer subject to its conditions, even if a violation occurred during that time.

However,...
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1 Answer | Asked in Criminal Law for Georgia on
Q: Pending warrant from another county. Never got picked up from jail. Released after 7 days. What to do now? No charges!

Hello I brought weed into a prison while visiting my friend got caught in a county 3+ hours away from home. Was out in jail next county over never was booked,charged, or finger printed. Was released after 72 hours with no bail and no judge or court visit. Sent home with no papers of future court... View More

Anthony Kozycki
Anthony Kozycki
answered on Dec 16, 2024

Just because a county elected not to pick you up on a warrant, does not mean the warrant goes away. If you are stopped by the police and they find a warrant from a different agency, typically they will hold you and inform the issuing agency. It is then up to the agency that has the warrant to... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: do drug court coordinators have a timeframe to answer a complaint on a participant

I was threatened by a person in drug court and filed a complaint and it’s been over a week now and haven’t heard anything back from the coordinator

Anthony Kozycki
Anthony Kozycki
answered on Dec 16, 2024

This will likely come down to a policy of the specific drug court. I understand that this doesn't get you a solution, however, this will be a difficult situation to navigate.

Without understanding the full context of the situation, it would be difficult to give you my best advice for...
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1 Answer | Asked in Criminal Law for Georgia on
Q: I was arrested at a store where I had stopped to use the restroom and get something to eat. I was detained for loitering

I had an outstanding warrant I just feel like I was illegally detained and was forced to identify myself in Georgia

Glenn T. Stern
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answered on Dec 10, 2024

Unfortunately, whether you were initially detained illegally for the loitering, that will not halt the state's ability to arrest and prosecute you for an active warrant.

Police are allowed to require you to identify yourself if they have reasonable suspicion that you may have...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Georgia on
Q: OK my son was indicted on a seven count indictment how should indictment with two party's be worded

The indictment is word as is are charged as party and party to the crime but does not say which is which is this flawed

Anthony Kozycki
Anthony Kozycki
answered on Dec 9, 2024

The specific language used in the indictment is very important. Flaws within the indictment can significantly impact the outcome of the case. For example, if challenged and the indictment fails to properly allege the crime, the entire case must be thrown out regardless of the evidence. Depending on... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: What would happen to 18 year old who is going to court

Manufacturing/deliver/Distribute/Administer/Sell/P

ossess w/ Intent to Distribute C.S.

Possession and Use of Drug Related Objects

He has never been in trouble before

Anthony Kozycki
Anthony Kozycki
answered on Dec 9, 2024

I believe you are asking what will happen at his first court date. This will generally be Arraignment. At this court date, the judge will formally read the charges to him and he will enter his initial plea of guilty or not guilty.

I would strongly recommend that he speak with an attorney...
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1 Answer | Asked in Criminal Law for Georgia on
Q: What happens to 18 yr old charged with sale of fentanyl

Manufacturing/deliver/Distribute/Administer/Sell/P

ossess w/ Intent to Distribute C.S.

Possession and Use of Drug Related Objects Was his charged he has never been in trouble before

Anthony Kozycki
Anthony Kozycki
answered on Dec 9, 2024

This is a very serious charge that will have long-term implications. He needs to find a skilled attorney to help him navigate the system. While punishment is extremely harsh, should he be convicted, there are several options available to him to help protect his future.

First, we would need...
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