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Georgia Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Employment Law and Employment Discrimination for Georgia on
Q: If asked on an application, Is it against the law to lie about PENDING felony charges?Not convictions, but only charged

I have 3 pending felony charges. One from 2020 and two from 2022. One count of fleeing or attempting to elude law enforcement (2020). Two counts of sexual exploitation of a minor (2022). I am currently in school for my cdl. Many of the truck driving applications I have filled out are asking if I... Read more »

Glenn T. Stern
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answered on May 10, 2023

I don't know that it's necessarily illegal to lie on a job application, as they are not legal documents, but I would expect most truck companies would want to run a background check on you before they actually hire you--regardless of how you answer that question. If that's the... Read more »

2 Answers | Asked in Criminal Law and Immigration Law for Georgia on
Q: If someone accused me of crimes falsely to obtain immigration benefits who do I report this to? In the state of Georgia

If someone accused me of crimes falsely to obtain immigration benefits who do I report this to? In the state of Georgia

James L. Arrasmith
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answered on May 16, 2023

If you believe that someone has falsely accused you of crimes to obtain immigration benefits, it is important to take appropriate action to address this situation. In the state of Georgia, you can consider the following steps:

Contact local law enforcement: Report the false accusations to...
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1 Answer | Asked in Criminal Law, Domestic Violence and Health Care Law for Georgia on
Q: Boyfriend was charged with aggravated assault (Im the victim) Is there any way the charges can be dropped?

Got into a disagreement with my boyfriend which led to a heated argument. I was struck in the head. I called the police and he was charged with aggravated assault - family violence. I'm looking to drop the charges. I understand this is at the DA's discretion. I looked into affidavit for... Read more »

Joshua Schiffer
Joshua Schiffer
answered on May 5, 2023

This is my core practice area, and he needs a strong lawyer at a minimum. You may benefit from independent counsel as well, since the State can be very aggressive leaning on alleged victims during the case.

ANYTHING you say to the State can get twisted and turned around, so be VERY...
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1 Answer | Asked in Criminal Law for Georgia on
Q: Do you have to plead guilty to take a first offender plea
Glenn T. Stern
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answered on May 1, 2023

Yes, you must enter a guilty plea to take advantage of the First Offender Act. However, adjudication is withheld for the plea--that's a fancy way of saying "the court takes the plea, but doesn't formally enter it on the record" while the terms of the sentence are met. If you... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes, Libel & Slander and Wrongful Death for Georgia on
Q: would it be suspicious if I was notified 40 minutes before time of death on the death certificate

the people who were with him are acting suspicious and have gave away property not theirs' and moneys were moved overseas to her son.

Tristan Blain Morrison
Tristan Blain Morrison
answered on Apr 20, 2023

Certainly some of what you are describing could be suspicious, or it could be coincidence. On these limited facts, it's difficult to know for sure. If you have strong reason to believe that someone was negligently killed (not intentionally), consider consulting both a personal injury attorney... Read more »

1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Litigation for Georgia on
Q: A citation has a code 40-6-272. What is that particular code here in Georgia?

While pulling a UHaul truck into a car wash, I barely made contact with an overhead PVC pipe on a chain that displayed the height 8' 6". It fell to the ground and broke. It was after hours and didn't have pen and paper to leave a note or an after hours number. I knew the car wash... Read more »

Michael W. Horst
Michael W. Horst
answered on Apr 18, 2023

I am sorry to hear about your situation.

In terms of your charges, O.C.G.A. § 40-6-272 refers to your duty to contact the owner of the car wash after striking the PVC pipe (i.e., a fixture). I am not aware of what statute would apply to a hit and run in your situation. Georgia does...
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2 Answers | Asked in Criminal Law for Georgia on
Q: If you have verbally agreed to a plea deal via email but not yet in open court can you change your mind?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 6, 2023

I am not completely sure what you mean by verbally agree to a plea deal via email, however in answer to your question, you have a right to change your mind, but the prosecution (or other side) also has the right to change its mind and/or be more difficult with you in future negotiations. If you... Read more »

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1 Answer | Asked in Criminal Law for Georgia on
Q: 50$ worth of lottery tickets. The amount is a misdemeanor but the state owns the tickets so it's a felony? I'm confused

I'm being charged with a felony because the state owns the lottery tickets. However the actual amount that was missing was only 50$. The state says it's a misdemeanor unless the amount reaches over 500$. How come I'm being charged with a felony if the amount isn't over 500$? Is... Read more »

Glenn T. Stern
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answered on Mar 29, 2023

While the value of the lottery tickets may have been below the felony threshold of $500, it's can be a felony to steal lottery tickets under OCGA § 50-27-27(b):

"any person who influences or attempts to influence the winning of a prize through the use of coercion, fraud,...
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1 Answer | Asked in Criminal Law and Identity Theft for Georgia on
Q: Need a help tryingto prosecute suspects keep stealing My phones and accounts ando alll my stuff. It's very uncomfortable

Trying to live because they follow me around 24/7

James L. Arrasmith
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answered on Mar 29, 2023

If you are a victim of theft and harassment, you can report the incidents to your local law enforcement agency. You may also want to consider changing your passwords and enabling two-factor authentication on your accounts to help protect them. Additionally, you can seek the assistance of a lawyer... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Georgia on
Q: Can law enforcement search my home before a search warrant is signed, or enter it uninvited? GA

I happened to walk outside at around 1:15 p.m. and was met by law enforcement who detained me, and I had closed my door behind me. They had a warrant for my arrest. And arrested me, directly after they entered my home uninvited, and searched it. The search warrant was signed off on at approximately... Read more »

Glenn T. Stern
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answered on Mar 26, 2023

It would be irresponsible for any attorney to give an opinion on the legality of a particular entry and/or search without first having the opportunity to examine the evidence and the relevant law. That being said, there do exist certain legal justifications that would allow police to enter a home... Read more »

2 Answers | Asked in Criminal Law and Constitutional Law for Georgia on
Q: Is denying a preliminary hearing illegal if someone is charged with a felony, not been indicted yet, in Georgia?
Robbie Levin
Robbie Levin
answered on Mar 27, 2023

The purpose of a preliminary hearing, also known as a probable cause hearing, is to make sure that a person is not held in jail without some evidence to support the incarceration. So, if a person is out on bail and not in custody, there is no need for a probable cause hearing.

If the...
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1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: If I’m on probation and got arrested for a gun that wasn’t mines and possession of controlled substance what am I facing

They didn’t find the gun on me and I get off probation in July.

James L. Arrasmith
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answered on Mar 19, 2023

If you are currently on probation and have been arrested for possession of a firearm and a controlled substance, the consequences you may face will depend on a variety of factors, including the laws in your jurisdiction, the specifics of the charges, and the terms of your probation.

In...
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1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: Whats the most common judicial punishment by the Superior Court system for an individual who is charged with trafficking

1 16-13-31 TRAFFICKING IN METHAMPHETAMINE OR AMPHETAMINE Felony SUPERIOR

23-4996FW 1 16-13-30(B) POSSESSION OF METHAMPHETAMINE WITH INTEN T TO DISTRIBUTE Felony SUPERIOR

23-4997FW 1 16-7-20 POSSESSION OF TOOLS FOR COMMISSION OF A CRIME Felony SUPERIOR

23-4998FW 1 16-7-20... Read more »

James L. Arrasmith
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answered on Mar 19, 2023

The punishment for trafficking, or any other criminal offense, can vary depending on the specific circumstances of the case and the jurisdiction in which it is being prosecuted. However, in general, trafficking is a serious offense that can carry severe penalties.

If an individual is...
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1 Answer | Asked in Criminal Law for Georgia on
Q: Do you have to be caught with the merchandise if you are charged with shop lifting.
Glenn T. Stern
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answered on Mar 14, 2023

Yes, you can be charged (and convicted) even if you were not physically caught with the merchandise. Under Georgia law O.C.G.A. § 16-8-14, shoplifting includes all of the following:

Conceals or takes possession of the goods or merchandise of any store or retail establishment;...
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1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Constitutional Law for Georgia on
Q: I'm being charged for Same offense in 2 separate courts?Higher court has been disposed and rehabilitated.

I've being held in a Dependency case due to a charge that is reduced and disposed of but they still hold me in jouvinile with a charge that for abuse and no charge anywhere of dui and then have me in another county sui.g me in a custody battle I never recieve any summons for I'm in 3... Read more »

James L. Arrasmith
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answered on Mar 11, 2023

It sounds like you may need to speak with an attorney who can review your specific case and provide legal advice tailored to your situation. It is unusual for someone to be charged for the same offense in multiple courts, especially if one of the charges has already been disposed of and... Read more »

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Constitutional Law for Georgia on
Q: I'm being charged for Same offense in 2 separate courts?Higher court has been disposed and rehabilitated.

I've being held in a Dependency case due to a charge that is reduced and disposed of but they still hold me in jouvinile with a charge that for abuse and no charge anywhere of dui and then have me in another county sui.g me in a custody battle I never recieve any summons for I'm in 3... Read more »

James L. Arrasmith
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answered on Mar 11, 2023

Also, it is not uncommon for an individual to face charges for the same offense in multiple courts, such as a criminal court and a dependency court. However, it is important to note that being charged in multiple courts does not necessarily mean that a person will be punished twice for the same... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Libel & Slander for Georgia on
Q: I am being overly stalked and harassed. I have already sent a cease and desist letter. Let what should I do next?

I am being overly stalked,slander,and harassed by my racist neighbors. This has been going on for 7 almost 8 years.

These people are narcissist. They are very good at lying. They have 3 cameras on our house for what I don’t know we have never committed any crimes been living here March... Read more »

James L. Arrasmith
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answered on Mar 11, 2023

I'm sorry to hear about your situation. If you have already sent a cease and desist letter to your neighbors and the harassment and stalking continues, you may want to consider taking legal action to protect yourself.

Here are some steps you can take:

Document the harassment:...
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1 Answer | Asked in Criminal Law for Georgia on
Q: how do i file a motion of a continuance on behalf of my fiancee who is in jail. we are hiring a private lawyer.

its a probation hearing. he was at work. his probation officer come to the house and he wasnt home. his dad is in last stages of dementia and he told them we didnt live there. he has lived there ever since he had a stroke in november 2021. he was released from rehab because of stroke. he was... Read more »

Robbie Levin
Robbie Levin
answered on Mar 6, 2023

If he has a court date scheduled, it's obviously best if you can hire a lawyer before that court date. However, if you need time to hire a lawyer, then you can show up at the court date and orally request a continuance to hire an attorney. Most Judges will grant at least one continuance to... Read more »

1 Answer | Asked in Domestic Violence and Criminal Law for Georgia on
Q: How long does a person sit in the county jail without bond on a misdemeanor battery - family violence charge?
Joshua Schiffer
Joshua Schiffer
answered on Mar 2, 2023

In Georgia, you have a constitutional right to a bond on ALL misdemeanors. Full Stop.

No more than 72 hours should pass before a bond is set on ALL misdemeanors in GA, unless there is a hold for other reasons. This is a big deal. The bond can be HUGE, but the court MUST set one.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Georgia on
Q: I was arrested for driving to work for suspended license twice in 7 days. What Civil rights and laws did they break?

Secind time in 7 days now. First time deputy who was sitting at four way with another deputy in second vehicle, pulled out and went on by as i turned into parking lot of patels gas station where they were both sitting. I went in paid for gas and soft drinks walked out pumped gas got back started... Read more »

James L. Arrasmith
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answered on Mar 2, 2023

It is important to note that driving with a suspended license is considered a criminal offense and therefore subject to criminal laws, not civil rights laws. However, in general, law enforcement officers are required to follow proper procedures and protocols when making an arrest, and individuals... Read more »

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