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Georgia Criminal Law Questions & Answers
1 Answer | Asked in Banking and Criminal Law for Georgia on
Q: Apparently i have a warrant in Georgia for forgery that occured 4 years ago, does the statute of limitations apply here?

Im actually not even guilty of a forgery i just tried to cash a fraudulent check someone tried to pay me with.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 15, 2019

Generally speaking, no, there are no statutes of limitations on arrest warrants or bench warrants. Typically, once an arrest or bench warrant has been issued, it remains in effect regardless of the amount of time that has passed.

However, there are limited exceptions to this. For this...
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1 Answer | Asked in Constitutional Law, Criminal Law and Traffic Tickets for Georgia on
Q: Is a speeding ticket civil, criminal, or quasi criminal in Georgia?
E. Morris Margulis
E. Morris Margulis answered on Nov 14, 2019

A speeding ticket in Georgia is misdemeanor crime, although the penalties for a first, life-time speeding ticket in Georgia are capped below the standard maximum penalties for misdemeanors. See O.C.G.A. § 40-6-1.

3 Answers | Asked in Criminal Law and DUI / DWI for Georgia on
Q: Family member has warrants for failure to appear and probation violation.

He thinks if he waits till prob period runs out he will be free and clear.

Cawanna Anise McMichael
Cawanna Anise McMichael answered on Nov 14, 2019

That is not necessarily true. Probation could submit to the Court a tolling order and if it has been signed his probation would stop or "toll" until such time as he is arrested not the warrants. If a tolling order has been signed there is no way for his probation period to run out.

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1 Answer | Asked in Criminal Law for Georgia on
Q: If I told an attorney (and provided proof) his client suborned perjury, are both those communication protected

If I advised a criminal defense attorney (not my attorney) that, it appears his client suborned perjury and I provide him proof of the questionable communication, are those communications* protected by attorney client privilege?

.I realize my confidentiality would not be protected. I am... Read more »

Joshua Schiffer
Joshua Schiffer answered on Nov 13, 2019

Lawyers are allowed to use non-privileged communications as they see fit in their advocacy for their client. You reporting a "crime" their client may have previously committed would not necessarily force them to do anything, and how they use that information is up to their own ethical analysis.... Read more »

1 Answer | Asked in Criminal Law and Probate for Georgia on
Q: If someone told my probate officer I moved when I haven't. How can someone get me out of jail?

I have been out of the pin for a year the third. I haven't moved still at the address I gave my probate officer. But someone told them I moved an they came an picked me up.

Jammie Taire
Jammie Taire answered on Nov 12, 2019

This question is listed in the wrong section.

1 Answer | Asked in Criminal Law and Family Law for Georgia on
Q: Is there anything to allow me to see or have contact with my husband in jail? Hes facing kidnapping charges for taking
Homer P Jordan IV
Homer P Jordan IV answered on Nov 12, 2019

There is not enough information here regarding the details of the case in order for us to provide guidance. Why are you not being allowed to have contact with him? You may want to contact the jail for more information. -Homer P. Jordan IV, Esq. 404-620-1558

2 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: What can you get charged with for making a false statement?

I made a false statement against my boyfriend who is charged with aggravated battery and kidnapping I was very angry and that’s why I made the statement I did and I lied what will I get charged with it if I tell the DA that I lied and I write a letter?

Gary Kollin
Gary Kollin answered on Nov 9, 2019

There is always that possibility.

It be worth it to retain an attorney

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2 Answers | Asked in Criminal Law, Family Law and Domestic Violence for Georgia on
Q: I am a male living in Georgia and I reported domestic abuse. Will the police charge me because I defended myself?

My wife threw objects from the balcony at my car then when I confronted her she punched and kicked me. I held her back and I ended up with scratches and bruises on my face. Now a neighbor has came forwarded and given a statement against me. I called 911 because I was tired of being hit and verbally... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 9, 2019

Domestic violence laws protect anyone, regardless of one’s sex. When someone is the aggressor, the law allows self defense. The specific facts and details of your case should be discussed with an attorney who handles domestic abuse and Temporary Protective Orders as soon as possible.

We...
Read more »

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1 Answer | Asked in Criminal Law for Georgia on
Q: With my drug case going over a year without a motion of discovery being filed, knowing nothing more the from the start.

How does one go about dismissing a lawyer?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 8, 2019

You may dismiss your lawyer, at will. This means at any time, for any reason. You are under no obligation to continue his/her employ, especially if you are dissatisfied. Send a certified or registered letter stating that you are terminating the relationship, and that the lawyer is to stop working... Read more »

1 Answer | Asked in Divorce and Criminal Law for Georgia on
Q: I need a divorce! I'm disabled. Seperated for 5 years. Husband is in Florida, I'm in GA. He refuses to communicate.

I'm dealing with serious medical issues and don't qualify for many programs due to consideration of his income. He has moved and I don't have an address. I can't afford a lawyer or even filing fees. He had promised to file if I left him his truck which I purchased. I need to put this behind me.... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Nov 7, 2019

I’m sorry you are going through this. You do need some legal assistance to move forward with the divorce. You should contact legal aide to see if they can help, and you can contact the state bar and ask if there are any pro bono attorneys in your area. -Homer P. Jordan IV, Esq. 404-620-1558... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: In Georgia drug cases if we file a motion of discovery, does that mean the prosecution can't offer any plea bargains ?
Robbie Levin
Robbie Levin answered on Nov 7, 2019

No. It does not mean that. You should file for discovery in pretty much every criminal case. The prosecution will generally make a plea offer in almost all cases.

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

1 Answer | Asked in Criminal Law for Georgia on
Q: in a drug case when should the defense lawyer file for a motion of discovery
E. Morris Margulis
E. Morris Margulis answered on Nov 7, 2019

Criminal defense motions should usually be filed prior to arraignment, if possible.

Since most drug cases are felonies, discovery in those cases is generally pursued reciprocally, meaning the prosecution has to show you their evidence but you also have to show the prosecution yours.

1 Answer | Asked in Criminal Law for Georgia on
Q: If someone told my probate officer I moved when I haven't. How can someone get me out of jail?

I have been out of the pin for a year the third. I haven't moved still at the address I gave my probate officer. But someone told them I moved an they came an picked me up.

Jammie Taire
Jammie Taire answered on Nov 5, 2019

This question is posted in the wrong forum. This is a criminal law question.

1 Answer | Asked in Criminal Law for Georgia on
Q: How to show proof background is causing hardship?

To file my expungement in cobb i’ve been told i need proof my background is causing me not to get a job. But i’ve only been told verbally on the phone so how can i provide this documentation?

Joshua Schiffer
Joshua Schiffer answered on Nov 5, 2019

If you are denied a job and they pulled your background as part of the process they should provide you with a disclosure letter. That should suffice. Good luck!

Josh

ChancoSchiffer.com

1 Answer | Asked in Criminal Law for Georgia on
Q: Can I file a motion for retroactive first offenders without a lawyer in georgia?

shoplifting charge in february 2013 and sentencing was may 2013

Joshua Schiffer
Joshua Schiffer answered on Nov 5, 2019

You can, and if you are good at following directions and writing it is not too hard. The issue is getting the State on board. A lawyer really helps with that, as most lawyers have spent years building relationships with prosecutor's offices specifically to make things like this easier.... Read more »

2 Answers | Asked in Criminal Law for Georgia on
Q: what is the most likely result of a first time disorderly conduct I go to court in 2 days never been in trouble ever

I can’t stop worrying myself to death

Joshua Schiffer
Joshua Schiffer answered on Nov 5, 2019

Don't worry about this too much. It is likely very minor and you should ask the prosecutor if there is a Diversion program that will keep any bad marks off your record. They are really nice in Stone Mtn. Bad parking, good court.

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2 Answers | Asked in Child Custody, Criminal Law, Family Law and Juvenile Law for Georgia on
Q: If a person under the age of 18 is arrested and put in custody does a legal guardian have to come and get them?

does a legal guardian have to come and get them out or can anyone over the age of 18 legally get them out of custody?

Joshua Schiffer
Joshua Schiffer answered on Nov 4, 2019

A little bit more info is needed, as it all depends on how and for what the minor was detained. The courts are also VERY wary of sharing any information about juvenile proceedings with the public (even relatives) so a lawyer is very useful in fast-tracking any potential release.

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2 Answers | Asked in Criminal Law for Georgia on
Q: Realized I had an item in my hand before reaching store exit. Turned around to go pay. Loss Prevention had me arrested.

Since I had no intention of taking the $9 item, and never tried to leave the store with it, how could it be shoplifting?

Gary Kollin
Gary Kollin answered on Nov 2, 2019

Thank you for sharing. No question asked

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1 Answer | Asked in Criminal Law for Georgia on
Q: I am being charged with disrupting a School bus in cobb county and i have a $1000 bond. What should i do
Ecleynne Mercy
Ecleynne Mercy answered on Nov 1, 2019

Get an attorney. This case may affect your ability to get into college and may reflect on your criminal history. Get an attorney,

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