Judges have discretion as to whether to give a bond on fugitive warrants, but most judges deny bond in these cases for fear that the defendant is a flight risk. We regularly handle matters in Henry County and Atlanta, however, cannot give a ballpark figure as to cost of representation because that... Read more »

If the probation order stated no contact and the order is still in place, you must abide by all conditions. However, if the Order is no longer in place, the conditions of the order are also no longer in place. Now, this does not mean that you will automatically be able to contact your daughter.... Read more »

Are you sure this it what the waiver covered? There are a number of different waivers in criminal law, so without having more information and without seeing the waiver, I cannot provide much more information.

If he only has technical violations (failure to report), depending on the length of time that he has failed to report, the reasons he failed to report, and the amount of time he has left, this may be an option for him. There are a number of different factors that go into this equation.

Possibly. Upon conviction or open plea, each offense could result in a maximum of one year of jail time (i.e., two years of jail time total).

Lots to unpack there. It "all depends" on the situation and facts, as a TPO is different from a criminal charge and the bond from a criminal charge operates differently than a TPO.

Marriage adds more complications and a step back to gather your thoughts and get some guidance from... Read more »

As it sounds and from the perspective of the report maker, generally the police officer investigating the incident. It is not a conclusive finding in an investigation, and primary aggressor is most important when determining who is going to be arrested and then during the prosecution it becomes... Read more »

The D.A. represents the State, not you. Thus, the D.A. is not going to present self defense evidence which would benefit you. You need to hire a criminal defense attorney who can argue and present evidence that you acted in self defense.

The short answer is No. The proof needed to revoke your probation is much lower than that which is required to convict you of a crime. This means, a prosecutor may have enough evidence to violate your probation but not enough evidence to convict you of the crime that led to the petition to... Read more »

O.C.G.A. sec. 16-6-8 provides: A person commits the offense of public indecency when he or she performs any of the following acts in a public place:

1. An act of sexual intercourse;

2. A lewd exposure of the sexual organs;

3. A lewd appearance in a state of partial... Read more »

Pay to fix the person's car and call the District Attorney's office and the police department in the county/city where the incident occurred to determine if an arrest warrant has been issued.

It is hard to say what the judge will do. Judge's have wide discretion in revoking probation based on non-compliance or new arrests. You should consult a lawyer who could point to good facts that could possibly keep the judge from revoking probation and ordering the person to remain... Read more »

You do not have to provide ID unless you are driving a car or the officer has probable cause to suspect a crime was being committed. Thus, if the officer had probable cause to believe you were committing a crime, then any civil suit would fail. Further, suing police officers for conduct committed... Read more »

Not sure what the question is. However, the person could have their probation or parole revoked for being charged with a new offense.

Georgia superior court judges have wide discretion when sentencing a defendant. Thus, there is no clear answer to what sentence the judge will enter upon conviction. Many factors go into sentencing including: age, criminal history, community involvement, etc. Some judges will even consider drug use... Read more »

If the convictions stemmed from one succinct criminal transaction and all against the same victim, then the aggravated assault convictions should have merged with the aggravated battery conviction for sentencing purposes. See Regent v. State, 299 Ga. 172, 787 S.E.2d 217 (Ga. 2016). However, note... Read more »

O.C.G.A. 16-11-131(a)(2) defines firearm as "any handgun, rifle, shotgun, or other weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge." Thus, if the decorative gun can be converted to shoot any type of projectile by explosive or... Read more »

The constitutional right to a speedy trial is usually misunderstood by most non-lawyers. The meaning of speedy is quite subjective to different people. Georgia courts have analyzed the right to a speedy trial under a reasonableness standard. Thus, there is no exact day(s) amount that passes where a... Read more »

DDS is an executive agency with its own policies and rules, which the Georgia Legislature delegated the legislative authority to DDS to make. An answer explaining separation of powers, the non-delegation doctrine, and that it is a privilege, not a right, to drive in Georgia would require a lengthy... Read more »

No. Either an accusation or indictment may be brought against you (I am assuming neither has happened). At that time, depending on the crime charged, you would raise a statute of limitations defense.