Get free answers to your Criminal Law legal questions from lawyers in your area.
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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.
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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?
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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
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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
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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?
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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
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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
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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???
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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
This was after 3 years of probation with no violations and on non report. Did that mean my probation got terminated early also?
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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... View More
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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,... View More
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
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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
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
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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... View More
I had an outstanding warrant I just feel like I was illegally detained and was forced to identify myself in Georgia
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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... View More
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
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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
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
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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... View More
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
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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... View More
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