Get free answers to your Criminal Law legal questions from lawyers in your area.
I’m being charged with harassing phone calls in Georgia and accused of using different numbers, but I have proof that the accuser, my ex-friend, has called and texted me over 20 times after I asked them to stop. I have screenshots of call logs and texts as evidence. Now, there is an arrest... View More 
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answered on Jun 19, 2025
I’m sorry to hear about the situation you are in. Be sure to save the proof that you appear to have and please strongly consider speaking with a qualified criminal defense lawyer in your area as soon as possible. You should generally avoid saying anything to law enforcement in the meantime until... View More
I was recently arrested for shoplifting at my job, and they accused me of stealing $44,000 worth of items, which isn't true. They pressured me into signing papers admitting to taking $25,000 worth, promising I could leave afterward, but I was still arrested. With no solid evidence, just some... View More
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answered on Jun 7, 2025
Yes. Your case will be sent to the prosecution's office for investigation and ultimately, to be charged. They can add charges, modify charges or dismissed charges as they see fit. So it is possible that the case will be reviewed by the district attorney's office and ultimately charged as a felony.
I was convicted of a felony in Georgia when I was 16, back in 1994. Having completed all my obligations and now being off paper, am I legally allowed to purchase or own a firearm?
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answered on May 30, 2025
If you are still a convicted felon, then you are not legally allowed to purchase or own a firearm. It is possible, but first, you would need to be off paper for 5 years. Then, you would seek a restoration of rights, or a pardon that includes the lifting of gun restrictions by filing a petition with... View More
My wife and I were involved in an altercation that led to both of us being jailed. My case was dismissed, but my wife's case is ongoing, and she's facing charges of family violence and terroristic threat. She has legal representation, but I'm worried because a request for diversion... View More
answered on May 30, 2025
Super tough answer, as each court has very different processes, and some of those processes are under a constant state of redesign. I have cases in Cobb, Fulton and Gwinnett where the "diversion" process moves on and off the table multiple times during the evolution of the case, and just... View More
I am a tourist with a foreign license and was charged with hit and run while driving my mom’s car. Although I was issued a citation, the officer checked "no accident." What should I expect in court regarding this charge?
answered on May 5, 2025
A Georgia criminal defense attorney could advise best, but your question remains open for three weeks. Until you are able to consult with a criminal defense attorney, there are also civil law aspects to think about. You should discuss the accident with your mother so that she could take appropriate... View More
I was born in 1971 and experienced mental and physical abuse until age 18. I didn't understand at the time that certain actions were legally considered abuse. I'm now considering civil and criminal claims in Georgia, potentially including compensation through property claims. What is the... View More
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answered on Apr 20, 2025
Unfortunately because these crimes occurred before 1992, the statute of limitations has probably lapsed for doing anything criminally or civilly long ago. However, these kind of cases are legally complex, and specific circumstances can alter the calculation; you would really need to speak with an... View More
I am currently out on bond for a drug charge (possession), and I was recently arrested for speeding and reckless driving. I haven't received a court date yet for the drug charge, nor have I contacted my bond agent. Will this recent arrest violate my bond conditions?
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answered on Apr 12, 2025
When you bonded out for the drug charges, you should have received an order that spelled out all of the conditions of your release. Without actually having a copy of it to review, yes-a new arrest is probably a violation of your conditions of bond.
I own a Glock 17 with a micro conversion kit and a tax stamp for it. In the event that I am not home, can my wife use it for home defense even though she has no formal firearm training? The firearm is kept in a location accessible to her.
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answered on Apr 12, 2025
If you filled out your Form 1 using a trust, and she's part of the trust, then she would be allowed to use the weapon independent of you being there. Otherwise, no one but you may handle or shoot the weapon outside of your presence.
I'm considering modifying my Glock 17 or Glock 48 with a micro conversion kit for self-defense and training at firing ranges. I heard that the ATF may have regulations regarding putting a stock on such kits and shouldering them. Can you clarify the current legality of this modification under... View More
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answered on Apr 12, 2025
You cannot place a stock on a micro conversion kit for a pistol without first filing a Form 1 with the ATF and paying the $200 tax stamp. Once you get approved and the stamp, you can add the stock to it and shoulder it all you like. Remember though that the instant you attach a stock to a pistol,... View More
I have been denied bond in my case. I hired an attorney and am considering filing a rule nisi for bond reconsideration. How can filing a rule nisi help in this situation, and what factors can influence the reconsideration of my bond, given that I've hired legal representation?
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answered on Apr 10, 2025
A Rule NISI is just a form; the judge's office fills it out with the time and date for your motion, and then sends out a copy to both sides so they know when it's scheduled.
The factors that are considered when deciding on whether or not to grant bond are:
1. risk of... View More
I am part of a church where the secretary has been caught stealing over $15,000, according to the church ledger and bank statements. The theft has been ongoing for over 2 years. Although no formal agreement has been made, she has offered to repay part of the money, expecting that we would drop the... View More
answered on Apr 6, 2025
Whatever has happened just becomes part of the case the State will choose either to bring or not bring.
The Police will definitely take a report, and take that report seriously. These are VERY common issues at churches, schools, Greek life, scouts, etc.
The Police just arrest... View More
I am a resident of Georgia and was convicted of misdemeanor criminal trespass with a domestic violence charge over 10 years ago in Chatham County. I am now living in Cobb County. There have been no changes to my conviction status, and I am not facing any other legal issues. I am looking to obtain a... View More
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answered on Apr 5, 2025
Anyone convicted of a domestic violence charge is banned from owning or possessing a firearm as per the Federal statute 18 U.S.C. § 922(g) (aka"the Lautenberg Amendment.")
As long as you have that conviction, you're not going to be able to have one. There may be a long-shot... View More
I am a resident of Georgia and was convicted of misdemeanor criminal trespass with a domestic violence charge over 10 years ago in Chatham County. I am now living in Cobb County. There have been no changes to my conviction status, and I am not facing any other legal issues. I am looking to obtain a... View More
answered on Apr 6, 2025
Glenn is correct and there are limited pathways to re-obtaining your 2nd amendment rights after a DV conviction.
But its a moving target, for sure.
BEST option is to retain a local Cobb person (like me of many others) to try and amend/change/vacate/void the old conviction.... View More
I have a jury trial scheduled for April 7th in Forsyth County, Georgia, regarding 9 counts of theft by taking related to stealing lottery tickets due to my severe gambling addiction. I feel remorseful and want to apologize to my employer. I've applied for indigent defense but was denied due to... View More
answered on Apr 6, 2025
Forsyth is rather strict with some of their interpretations and do not pull punches with prosecutions.
You need to re-apply for indigent defense and document the process thoroughly
There are also a variety of legal service providers for different income levels, and you would be... View More
I paid for a bounced check on March 7, but I have received a mandatory court appearance notice. Why do I still need to appear in court, and what could be the possible legal implications or charges involved?
answered on Mar 25, 2025
It depends what type of summons you received. There could be civil or criminal hearing. Civil just means they want more money. If you already paid everything back then you don't have anything to worry about. Criminal hearing could be a fine, probation, or jail time. It just depends on the... View More
My son is being accused of a crime committed when he was a teenager. Recently, at age 19, he was brought in by police for questioning. He informed the detective that he would not speak without his lawyer present, and his lawyer was already in contact with the office. Regardless, the officer claimed... View More
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answered on Mar 25, 2025
It very well could be. If the questioning and the demanding of the cell phone password occurred after your son invoked his right to counsel, then it's potentially a violation of his 5th and 6th Amendment rights. However, an experienced attorney would need to review the evidence before drawing... View More
I was a passenger in a vehicle that was pulled over for reckless driving. During a search, drugs were found under the driver's seat, but I had no knowledge of them. Both the driver and I were charged with possession and trafficking after the driver refused to claim ownership. I was detained... View More
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answered on Mar 24, 2025
I want to be straight with you--this isn't something you should be asking questions on the web about and then trying to navigate yourself. This is serious, serious business! Trafficking sentences carry mandatory jail time, and it cannot be suspended-that means the judge HAS to send you to... View More
I am scheduled for my first court appearance next week for a DUI, hit and run, and failure to maintain lane charges. I received a notice saying the case will be called for a Motion to Nolle Prosequi, and I have the option to waive my appearance. What does this motion mean for my case, and what... View More
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answered on Mar 24, 2025
A "Motion to Nolle Prosequi" is the fancy legal term for the state moving to dismiss your case. It means that they don't intend to pursue the charges against you. They have to put it down for hearing, because it gives you the opportunity to object if you wanted to (for some reason.)... View More
I am trying to file a civil claim related to an assault by a coworker in Fulton County, GA, with the intention of pressing charges. A police report has already been filed, and I know the coworker's full name and place of employment, but I do not have their date of birth or address. How can I... View More
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answered on Mar 6, 2025
You need to go down to the Fulton County courthouse and fill out a "Warrant Application Form." The fee is $20. The office is file the form is located in the Carnes Building, 160 Pryor Street, Room J150. You have to fill out the form, then go next door to the accounting office in the... View More
I am involved in a criminal case where the judge, who has continued the case for three years with no end in sight, is friends with the opposing side. We have pictures of them together at a Braves game. Formal motions for recusal have been filed, and there is a hearing scheduled for tomorrow. How... View More
answered on Mar 3, 2025
Judges are to ensure fairness and stay away from the appearance of impropriety. If you are the defendant and you feel like the Judge's behavior has been unfairly prejudicial, you are right to raise the concern. However, most lawyers and judges know each other and often know each other very... View More
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