Georgia Criminal Law Questions & Answers
Q: What happens if a child lies to a officer in a statement about something that was recorded on camera
To The Child
To the child?
To the case?
Q: How can the use of pepper spray be aggravated assault?
It is legal to use pepper spray in self defense if justified. If it is used offensively to attack someone it would likely be considered an assault and/or battery case. Aggravated Assault requires a showing that the act was “likely to cause death or serious bodily harm”. That could be tough... Read more »
Q: HOW DO I GO ABOUT GETTING LEGAL AID FOR MY HUSBAND WHO IS LOCKED UP IN ROCKDALE COUNTY? 2ND DEGREE BATTERY
MY HUSBAND IS INCARCERATED IN ROCKDALE COUNTY JAIL FOR 2ND DEGREE BATTERY. THIS IS HIS 4 FAMILY DOMESTIC. THEY DID NOT GIVE HIM A BOND AND SAID IT COULD BE 6 MONTHS BEFORE HE WENT UP FOR BOND AGAIN UNLESS HE HAD AN ATTORNEY REQUESTING A BOND HEARING. PLEASE HELP
You could contact the Legal Aid office, or call the State Bar to see if there are any pro bono attorneys in your area who would take the case. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
Q: can a first offender buy a gun in GA after the probation period is over. Has been 40 yrs ago
I was convicted of 3 counts of entering an auto in the state of GA. Sentenced to 3 years first offenders probation and completed the sentence. Was 40 years ago. Can I buy a firearm?
If you were sentenced under the First Offender Act in Georgia and successfully completed it, you were never convicted of a felony. Although people may not possess guns during the pendency of their First Offender sentences, their civil rights and liberties are not impacted by cases discharged under... Read more »
Q: How do I explain this on application/says have you ever been convicted of a crime other than minor driving violations
It was categorized as a misdemeanor and not a possession charge. I pled the first offender act Because I Don’t plan on ever getting arrested again.I live in Georgia it’s supposed to be sealed, but I don’t think it is. So I’m just wondering how I approach this question on the application for... Read more »
A plea under the first offender act is not a conviction, because there is no adjudication of guilt. So you can honestly say you have no convictions.
Q: I have a no contact order and not allowed at my house, the notice of arraignment was sent to my house. is this grounds
for a motion to dismiss
No. You should update your address with the court and the bonding company.
For more information visit my website at www.LevinLawyerGa.com
Q: How do I not go to jail if I missed my 1st court date for a felony alluding charge
I was charged with alluding the police in speeds excess of a 120 miles an hour and I have miss my 1st preliminary court date there is currently a warrant for my arrest how do I avoid going to jail
Hire a lawyer. It is possible a lawyer can get the warrant lifted.
For more information visit my website at www.LevinLawyerGa.com
Q: Can or will Georgia extradite me for a fleeting felony charge
Was give a ticket for fleeing and placed on a 5,000 bond
There is no eay yo say eith certainty
Q: Can I request a restraining order be removed so my son who was charged with criminal trespassing can come home?
He busted a window at our home and was charged with criminal trespassing.
Yes, You can file for a Temporary Protective Order (TPO) in the county where you live.
Q: Can a felony charge be reduced to a misdemeanor charge?
I was arrested on the 16th of this month for 3 counts of identity theft fraud. A bond was set for me before I was even booked into the jail and I was out the next day. The people who filed the police report (family) have hired an attorney on my behalf, because of what they heard my sentence could... Read more »
You have an attorney to consult with
Q: Can I file a claim for being incarcerated for a fraudulent indictment
Will a attorney take my case if I have strong grounds for a law suit claim
Only one way to find out. Consult a lawyer directly
Q: Is it legal for a parol officer in Georgia to put a person in jail without reading the miranda rights nor handcuffed
The necessity of reading Miranda is an urban legend. Miranda only has to be read if the arrested is questioned
Q: Good Morning, I have questions about facebook messages I have been receiving from an unwanted source.
This person has been texting me on Facebook messenger for several weeks. I have asked them to leave me alone and it has not stopped. This person is also reaching out to my spouse with the intentions on creating havoc in our household. She calls his job, text his phone, and also reaching out to... Read more »
You can block people on facebook. If your husband feels he is being stalked, he can apply for a protective order.
Q: I was requested to come speak to an investigator about an allegation that I may have assaulted someone. Should I speak
To them without an attorney present. If I go up there and then choose to not answer any questions they will arrest me anyway I feel. I have not been charged there is no warrant yet.
Never walk into the den of the lion without a lawyer
Q: My husband lawyer is ignoring all communication. He is paid in full. Has not seen my husband in 5 months?
He will not return calls. My husband was scheduled for court on the 23rd. And his lawyer did not let him know his case was passed what can I do. He is a paid in full attorney?
If you can’t get your current lawyer to respond, you should hire a different lawyer. Send your lawyer a certified letter to dismiss him, and ask him to return any unearned portion of money paid.
Then hire another lawyer because it is likely that a warrant has been issued if no one... Read more »
Q: Terroristic threats is level 3 in georgia. Is it considered a voilent crime?
In Georgia, terroristic threats is a felony.
Q: I have a question about breaking and entering an automobile
Thank you for sharing about your curiosity
Q: Will I serve jail time for a felony warrant driving while intoxicated 12 years ago?
I have a felony warrant issued for failure to appear in Lake County court Indiana in 2007. I just found out three weeks ago. It was driving while intoxicated and I was doing community service and a bench warrant was issued for failure to appear after I moved back to Ga. I thought my community... Read more »
You need to seek help from an attorney licensed in Indiana.
Q: is it a felony to give false information to police officer to avoid being served with a prior warrant?
Served four days in jail for criminal impersonation in 2009. Was living in Tennessee at the time and failed to appear
A person who gives a false name, address, or date of birth to a law enforcement officer in the lawful discharge of his official duties with the intent of misleading the officer as to his identity or birthdate is guilty of a misdemeanor.
Ga. Code Ann. § 16-10-25
Q: Fiance was convicted of theft by rec stolen property, bought at pawn shop. How can he be convicted when he didnt know
Fiance was convicted of theft by rec stolen property, that he bought at a local pawn shop. How can he be convicted when he didnt know it was stolen? It was purchased from a place of business. He was already on parole for a prior conviction.
He needs to fight the case.
Proof of possession, alone, of recently stolen property, is not sufficient to establish the essential element of the offense of theft by receiving stolen property that the possessor knew or should have known that the property was stolen. West's Ga.Code Ann. §... Read more »
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