Lawyers, Answer Questions  & Get Points Log In
Georgia Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Family Law, Civil Litigation, Civil Rights and Communications Law for Georgia on
Q: The school says they have a vm left by my teen from her friend's phone to another teen, can I legally listen to it?

The call was said to happen on the weekend. Name calling and "go kill yourself" was alledgedly said.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 26, 2024

In general, accessing or listening to someone else's voicemail without their consent may not be legal and could potentially violate privacy laws. However, laws regarding consent and privacy can vary depending on your location and the specific circumstances of the situation. It's important... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: What is the statue of limitations for aggravated assault and battery that happened in 2016?

I defended myself against a shooter but was wrongfully charged after what can I do?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2024

The statute of limitations for aggravated assault and battery varies by state in the United States. Generally, for serious felonies like aggravated assault, the statute of limitations can range from a few years to no limit at all, meaning charges can be filed at any time. If the incident happened... View More

1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: if a body camera footage is over 30 months old can someone get access too it without the witness consent

because i need too know if that’s possible

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024

Access to body camera footage generally depends on various factors, including the policies of the law enforcement agency that recorded the footage and applicable laws in the jurisdiction. In some cases, access to footage may be restricted to authorized personnel or individuals directly involved in... View More

1 Answer | Asked in Criminal Law, Civil Rights and Libel & Slander for Georgia on
Q: If someone is the passenger in the car are the cops aloud to pull the passenger out n male cop pat the passenger down?

Mind you they didn't speak to the driver till the passenger was already told to get out then a male cop patted her down then went up to the driver's side an told the driver they pulled the car over for a third break light

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024

If you were a passenger in a car that was pulled over by the police, the officers typically have the authority to ask you to step out of the vehicle for safety reasons. However, whether they can pat you down depends on the circumstances. Generally, if the officers have reasonable suspicion to... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: OKI was charged with the Midemeanor, interference with government property.

I didn't break in no building crossno fences. Seen no Government property markings. Didn't tear up defaced or destroy anything. So how could this be?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2024

It sounds like you're facing a confusing situation with the charge of interference with government property. Despite not breaking into any buildings, crossing fences, or seeing any markings indicating government property, you've been charged with this offense. It's important to... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Georgia on
Q: I got arrested for reckless driving the police took my phone without letting me know and havent given it back

Me and family members been calling since last week he isnt answering even the bail bondsman said he didn't suppose to take it cause how do I contact the bondsman without it Lagrange police department officer Wright is his name

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024

Here are a few key things to know in this situation:

1. The police generally need a warrant to seize and search cell phones or other electronics during an arrest. There are limited exceptions, but it does not sound applicable here for a reckless driving offense.

2. The improper...
View More

1 Answer | Asked in Employment Law, Civil Rights, Constitutional Law and Criminal Law for Georgia on
Q: My manager caught on camera going into my deli three times went into my purse and phone.i still work here, Can I sue?

I went into work on a Sunday my off day to change the grease from the fryer. Went outside to get the containers to put the old grease in, come back in manager weirdly hurryingly with a weird look on his face coming out of my deli, another girl employed by us was sitting in front of my deli on a... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024

Yes, you can potentially sue your manager and employer for invasion of privacy under Georgia law. Some key points:

- Georgia recognizes invasion of privacy as a common law tort. Going through someone's personal belongings without consent constitutes invasion of privacy.

- You...
View More

1 Answer | Asked in Criminal Law for Georgia on
Q: What do I do if I have an active warrant status on a misdemeanor probation violation?

Been on probation for 11 months. Less than a month left.

Glenn T. Stern
PREMIUM
Glenn T. Stern pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 18, 2024

If your probation officer filed what is called a "tolling affidavit," your probation will not expire in a month. Rather, it has been placed "on hold" and that warrant will stay active until you turn yourself in or get caught. People never seem to get caught at a convenient... View More

1 Answer | Asked in Criminal Law and Contracts for Georgia on
Q: Failure to return a uhaul truck on time (3 weeks late) is that theft by conversion, or breach of contract?
Glenn T. Stern
PREMIUM
Glenn T. Stern pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 15, 2024

It could be either, depending on the facts and circumstances of the rental and why it wasn't returned. It would be up to the attorneys on both sides (and perhaps, ultimately-a fact-finding jury or judge at trial) to determine whether there was any criminal intent behind the failure to return... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: Can someone taking Gift Cards that have not been yet activated be considered "shoplifting" as the cards have NO $value?
Jermario L Davis
Jermario L Davis
answered on Feb 12, 2024

Of course. The truth of the matter is that the cards, even inactive ones, have value. That value may be low but there is still a value there. Without the cards, the owner/store is unable to sell and activate the cards for potential buyers.

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Is there any enhanced sentencing for a conviction of FV Simple Battery if offender has prior FV Battery conviction?

I understand that a second FV Battery is enhanced to a felony but cant find any information for a second FV conviction if the subsequent conviction is Simple battery and not Battery.

His sentence for the FV Battery he was 120 days jail time.

As a repeat offender I expected some sort... View More

Joshua Schiffer
Joshua Schiffer
answered on Feb 7, 2024

Prior convictions under Georgia's Family Violence Act involving the same putative victim should result in mandatory felony charges for new DV arrests, however it is not so simple due to the overwhelming demands currently placed on the prosecuting agencies in GA.

Lots of reasons why the...
View More

1 Answer | Asked in Criminal Law for Georgia on
Q: I got booked for a first time shoplifter charge. Merchandise was under $25. WIll I need a lawyer?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 6, 2024

In Georgia, facing a first-time shoplifting charge for merchandise valued under $25 is considered a relatively minor offense, but it can still have significant legal consequences. While the law may allow for penalties that seem minor for such a low-value item, the implications of having a criminal... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: What happens if a victim in a case does not provide something that the prosecutor asked for?

If a victim was asked to turn over phone records to the prosecutor when asked and did not , is that the victim’s right or must the victim comply with what the state asked?

Morris "Mo" Hugh Wiltshire Jr.
Morris "Mo" Hugh Wiltshire Jr.
answered on Feb 5, 2024

Victims have specific and individual rights conveyed by statute additionally, and as a general matter, no one can be forced to voluntarily give evidence to the State whether that is testimony or physical evidence. If the State wants to obtain items of evidence of a physical nature they have access... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: There are no crimes found on my name during a background check. Will my fingerprints also be clear?

If I have a clear name, will my fingerprints also be clear? I.e., criminal background check is clear on my name. Would my fingerprints also be clear during a background check?

Morris "Mo" Hugh Wiltshire Jr.
Morris "Mo" Hugh Wiltshire Jr.
answered on Feb 5, 2024

If your name legally matches your fingerprint record and your social security number and NCIC data then your criminal history should be consistent. If you have a "clean record" then it should be clean. The best way to determine this in Georgia is to have your local law enforcement agency... View More

1 Answer | Asked in Consumer Law, Contracts and Criminal Law for Georgia on
Q: If a person puts up a cash bond 2 release inmate until court, changes mind & doesn't want 2 B responsible any longer,

hires bail Recovery person 2 return inmate. Recovery man gets inmate 2 jail & releases inmate or let's inmate escape, has he fulfilled his obligation or broken contract. He took $ as if he completed job. Was that illegal?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 5, 2024

In this situation, if a person initially pays a cash bond to release an inmate and later changes their mind, they may seek the services of a bail recovery agent to return the inmate to custody. The bail recovery agent's responsibility is to locate and return the inmate to jail, not to... View More

1 Answer | Asked in Criminal Law, Immigration Law, Appeals / Appellate Law and Civil Rights for Georgia on
Q: I am trying to get information on how to obtain a discovery package.

The new lawyer can’t obtain it neither the defendant. We are trying to draft up a Habeas Corpus of ineffective council on a Capital Case. Can we subpoena it’s? Or what’s other steps can we take, also the habeas has to be filed by July of 24’ this year. This is a Malice case, that was... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2024

In a capital case, obtaining the discovery package is crucial for preparing a habeas corpus petition alleging ineffective counsel. If the current attorney is unable to obtain the discovery through regular channels, there are several steps that can be taken.

Firstly, the attorney should...
View More

1 Answer | Asked in Civil Rights, Criminal Law and Legal Malpractice for Georgia on
Q: Attorney & office didn't represent me nor use my evidence, or witness. He had 4th-stage cancer. my boyfriend doing crime

My boyfriend made false allegations & narratives {I didn't live with him but another girl suddenly did. Boyfriend had me arrested 2 nights after he spent night with Mom & me at our house. My father had passed so, I stayed with mom & still lived 13 years at my boyfriend's... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 31, 2024

In your situation, it seems there were significant issues with the legal representation you received. If your attorney failed to effectively use crucial evidence and witness testimonies, or did not represent your interests adequately, especially considering the seriousness of your case, you may... View More

2 Answers | Asked in Bankruptcy, Consumer Law and Criminal Law for Georgia on
Q: Do I need the help of a consumer law attorney, a bankruptcy attorney or law enforcement?

A coworker borrowed in excess of forty thousand dollars more than eighteen months ago offering fraudulent excuses for needing the money and lying about how/when she would repay. There has never been any attempt on her part to repay even a portion of the money, and today I learned she has now filed... View More

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jan 30, 2024

Creditors not listed by the debtor on a bankruptcy Petition and Schedules may not have their claims discharged, UNLESS they have reason to know about the bankruptcy filing.

If the bankruptcy case is known, a Proof of Claim, at least, should be filed.

There are other alternatives....
View More

View More Answers

2 Answers | Asked in Bankruptcy, Consumer Law and Criminal Law for Georgia on
Q: Do I need the help of a consumer law attorney, a bankruptcy attorney or law enforcement?

A coworker borrowed in excess of forty thousand dollars more than eighteen months ago offering fraudulent excuses for needing the money and lying about how/when she would repay. There has never been any attempt on her part to repay even a portion of the money, and today I learned she has now filed... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2024

In this situation, it's advisable to consult with a consumer law attorney. They can help you understand your legal rights and options for pursuing the repayment of the borrowed funds. While bankruptcy may affect the outcome, consulting a consumer law attorney is a good first step. They can... View More

View More Answers

1 Answer | Asked in Criminal Law, DUI / DWI, Cannabis & Marijuana Law and Civil Rights for Georgia on
Q: Can someone the age of 21 still qualify to use youthful offender?

In chattooga county Someone that is caught up with a dui, speeding, and distribution at 21 allow to use youthful offenders?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 28, 2024

In Chattooga County, as in other parts of Georgia, the availability of the Youthful Offender status typically depends on the age of the individual at the time of the offense and the nature of the charges. The Youthful Offender status is generally reserved for those who commit certain crimes while... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.