Lawyers, Answer Questions  & Get Points Log In
Georgia Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Georgia on
Q: code 42-9-42 could you explain this o.c.g.a.
Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Jan 13, 2021

What, specifically, is your question about this statute? Are you asking about what factors the parole board considers for grant or denial of parole?

1 Answer | Asked in Criminal Law for Georgia on
Q: What things can be done about his case?

I have a fiancé Kajarien Jones currently incarcerated in Cobb County Jail for catching new charges while on probation.

Robbie Levin
Robbie Levin answered on Jan 12, 2021

Sometimes the cases can be resolved together in a "package deal" that can help reduce incarceration time. However, their may be defenses to the drug charges he is facing. He's barely 1 year into a 10 year probation sentence, on very similar charges, so that could be problematic.... Read more »

2 Answers | Asked in Criminal Law and Divorce for Georgia on
Q: What do I do if someone is accusing me of criminal trespass and property damage?

My ex husband is saying I broke his window, stole his money and I'm terrorizing his family. I havent done any of the things he is accusing me of. I keep my location on my phone and it shows I was on the other side of town when he says the broken window happened. He also told police I beat his... Read more »

Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Jan 11, 2021

You may want to explore seeking a Temporary Protective Order that would keep your husband from making any threats or harassing you. This can be done by going to the Superior Court in the county that your ex husband resides and requesting an Ex-Parte TPO. This means the judge will listen to your... Read more »

View More Answers

1 Answer | Asked in Criminal Law for Georgia on
Q: For you to be charged with aggravated assault you have to do the act of assault to the person correct..
Jermario L Davis
Jermario L Davis answered on Jan 8, 2021

No. You could be charged as a party to the crime of assault. In other words, the allegation would be that you aided, assisted, or abetted the individual that actually committed the assault. As such, you also stand in that person's shoes and the potential penalty is the same for the... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: How long does the district attorney have to bring a poss of firearm by a convicted felon to court in Georgia?

Also if out on bond can I request if charged in two different cities on poss of firearm by convicted felon be run concurrently together for one plea agreement??last question is can a officer pull you over by stating someone called but not list it in the report??

Melaney LaGrone
Melaney LaGrone answered on Jan 7, 2021

This is a question you should ask your attorney. Plea deals must be entered into voluntarily and with the understanding of all the charges and consequences. Some cases can run concurrently but it depends. Once again, something that you should consult your attorney about. Yes, officers can pull... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: How long does a misdemeanor stay active until it expires

I went to prison(2016) before I went to court for 2 misdemeanors after bonding out a year (2015)earlier and when released from prison 4 years later (2020)I was released to the jail and bonded back out (9/2020) and now have court again in February .I thought misdemeanors expired after 2 years?

Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Jan 4, 2021

The Statute of Limitations to bring charges of misdemeanors is two years; however, there are certain exceptions and limitations. Law enforcement has two years from the date of the alleged misdemeanor to bring formal charges. This means a criminal arrest warrant or an accusation filed with the... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: Do I have to have a lawyer to file the retro first offender motion?

I was charged with a felony entering auto in 2009 and was tryin to get it taken off my record for a better job. I Was curious if it is something I could do on my own or If I have to get an attorney to do the process.

Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Jan 4, 2021

I would always recommend retaining an attorney for any criminal matter. An attorney will be able to draft the proper motion and prepare the proper arguments for retroactively treating your conviction under the First Offender Act.

1 Answer | Asked in Criminal Law for Georgia on
Q: I've had prior violent charges like riot penal institution and simple assault

I need convicted of riot in penal institution simple assault and now I got into fight with roommate she attacked me and pressed charges

Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Jan 4, 2021

There is not enough information here and I am unsure what your question is, exactly. I presume you would like to know if your prior convictions will be used against you. The short answer, is yes, most likely. The State almost always seeks to introduce evidence of prior acts; such as prior... Read more »

1 Answer | Asked in Criminal Law, Constitutional Law and Domestic Violence for Georgia on
Q: In Georgia would it be legal for an officer to make a warrantless arrest when no complaint has been made?

The question relates to my arrest after I had placed a call to 911 requesting police to respond to a domestic violence assault against me. The other party was also arrested charged and ultimately plead guilty but I was arrested and accused of charging at the other party. But in reality I was pulled... Read more »

Jermario L Davis
Jermario L Davis answered on Dec 30, 2020

Felony obstruction is a serious charge. Unlike the misdemeanor variety, the felony obstruction indicates that you did violence or offered to do violence to the officer.... You should definitely consult "directly" with an attorney and not try to resolve this on your own.

Officers...
Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: What do I do if someone told another person they would kill me

My ex husband accused me of breaking his window. He called my brother in law and threatened to kill me cause his window was broken. My sister overheard as well. I'm not allowed on his property so I would not go over to his residence.

Joshua Schiffer
Joshua Schiffer answered on Dec 29, 2020

You need to contact the authorities if you are the victim of a crime, and that appears to be the case here. The threats are important to record in advance of any potential future legal issues between y'all, and it could be useful in presenting to a judge later on.

1 Answer | Asked in Criminal Law for Georgia on
Q: I had sale charge in 2006, will I be able to have my charge expunged? I am also interested in my firearms permit back
David Edward Boyle
David Edward Boyle answered on Dec 17, 2020

If you were convicted of a felony you lose your right to possess a firearm under GA and Federal law. The only way to get that reinstated is to receive a pardon with restoration of rights or to apply for retroactive first offender.

1 Answer | Asked in Criminal Law for Georgia on
Q: I already went back for a motion for a new trial and the first lawyer I had told the courts that he was ineffective

What do I have to prove the court think I kicked someone and cause acute sci and you can't get that type of injury from a kick they say that cause him to get a uti from a unclean catether and die and they charge me with murder for something that can't happen

David Edward Boyle
David Edward Boyle answered on Dec 17, 2020

I am not sure of your question. I would hire a lawyer to appeal the decision of the trial court.

1 Answer | Asked in Criminal Law, Civil Litigation and Constitutional Law for Georgia on
Q: How do I file a mandamus on a Georgia Supreme court that rules contrary to US Supreme Court decision concerning Brady.

Georgia made a decision in Davis v. State affirming his conviction due to star decisis in Hines v. State, 249 Ga. 257 (1982), concerning Brady. Since that decision the US Supreme Court have stated that impeaching evidence which must include evidence that the police did not turn over to the... Read more »

David Edward Boyle
David Edward Boyle answered on Dec 17, 2020

You would file a petition for cert with the U.S. Supreme Court challenging the ruling of the Ga. Supreme Court. It is discretionary with the US Supreme Court to take the case.

1 Answer | Asked in Criminal Law for Georgia on
Q: Do the statement of one drunk man mean more then five other people that wasn't drunk tell me how did I lose my case

When all they had was hearsay at trail with no physical evidence and no proof and I lost

David Edward Boyle
David Edward Boyle answered on Dec 17, 2020

What weight and credibility to be given to the testimony of any witness is up to the determination of the jury. Hearsay is what a witness said out side of court, testimony is what they say in court.

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: I have been discharged from a felony that was in 2002 but they just discharged it in 2015. What are my rights?
David Edward Boyle
David Edward Boyle answered on Dec 17, 2020

It is hard to answer without knowing the formal disposition, was it a successfully completed First Offender or Conditional Discharge? If it was then all of your rights are restored including the right to possess a firearm.

1 Answer | Asked in Criminal Law for Georgia on
Q: My husband got a charge of possession by ingesting when they did a pee test

He is on parole they tested him in a house with no lights or water instead of at a police station Dtf charged him but not parole what do I do now

David Edward Boyle
David Edward Boyle answered on Dec 17, 2020

Hire him a lawyer in the jurisdiction where the charges on pending. The test may not be admissible and the charges may be able to be dismissed.

3 Answers | Asked in Criminal Law for Georgia on
Q: How often do arrest warrants happen for a disorderly conduct?

I was released in the hospital and the cop said one would Be issued for me. Problem is, I’m traveling soon and I need to make sure What I need to do.

Robbie Levin
Robbie Levin answered on Dec 17, 2020

If an officer tells you that a criminal warrant will be issued, it's not likely that the officer is lying. An attorney can help you confirm whether a warrant has been issued.

For more information visit my website at www.LevinLawyerGa.com.

-Law Offices of Robbie M. Levin,...
Read more »

View More Answers

2 Answers | Asked in Criminal Law and Child Custody for Georgia on
Q: My brother is charged with false imprisonment and denied bond
Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Dec 15, 2020

The grant or denial of a bond depends on several factors: risk of fleeing or failing to appear in court; significant threat to any person, community or property; risk of committing a felony while on bond; and risk of intimidating witnesses. In examining these factors, the Judge will consider a... Read more »

View More Answers

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: If a lawyer claims he or she was ineffective at trail how dose that help a person who was sent to prison for nothing

I'm sitting in prison with life cause someone say I kick somebody in the neck and made them die from a UTI from a unclean catether cause they didn't chip on a fifth of liquor and they got me sitting in prison for something that never happened

Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Dec 14, 2020

Ineffective Assistance of Counsel is a common issue on appeal where the appellant (the one appealing the conviction) asserts that there is a high likelihood that the outcome at trial would have been different, but for the ineffective counsel. Your rights to an appeal are time sensitive so it will... Read 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.