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Georgia Criminal Law Questions & Answers

1 Answer | Asked in Criminal Law for Georgia on

Q: If you get arrested on a misdemeanor violation probation for pov (protective order violation), what should the charge be

Are you supposed to get charged with a felony (aggravated stalking) on a misdemeanor probation violation? Especially when the charge itself does not apply to anything you did

Brandon Alexander Thomas answered on Jul 18, 2019

If you violate a court order to stay away from someone, you can be charged with aggravated stalking. Aggravated stalking is. a serious felony, and you can get up to 10 years in prison.

1 Answer | Asked in Criminal Law for Georgia on

Q: Elements is missing in my indictiment they say I went to 3 different spot and killed 6 people but don't state no time.

It state on September 30th the crimes were committed but don't state wat time on September 30

Gary Kollin answered on Jul 18, 2019

Direct this question to your own attorney

2 Answers | Asked in Criminal Law and Federal Crimes for Georgia on

Q: What is a federal status conference? Does that mean the feds done pick up my case from superior court?

Person was arrested for possession of firearm by convicted felon had a bond hearing was denied a couple months ago today was a status check hearing ,after Today finding out that it’s a federal status conference thats in 2 months and also a bond hearing in two weeks

Gary Kollin answered on Jul 16, 2019

"So let it be written, so let it be done." Pharoah Ramses in movie "The Ten Commandments."

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Georgia on

Q: Are there any attorneys who specialize in life sentence case where the client has completed 35 years of service?

Would like a lawyer who can practice in Georgia but is not a Georgia attorney or a Harvard or Duke grad...

Ecleynne Mercy answered on Jul 15, 2019

https://www.gabar.org

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Municipal Law for Georgia on

Q: Texas has a hold on my husband in GA. If they dont Pick him up within 14 days and file for an extention is he released?

Texas has a hold, husband is in GA jail (paulding) if they don't file for an extention immediately, does paulding county detention center HAVE to release him? Already have a lawyer working for him in TX, just need to get him out of jail here to get him home to myself and our children under 2 years... Read more »

Ecleynne Mercy answered on Jul 15, 2019

It all depends on the Sheriffs. Different counties have different policies. However, you may want to just check with TX and see when they are going to pick him up first. Because if they make a promise to pick him up he may not be released in 14 days.

1 Answer | Asked in Criminal Law for Georgia on

Q: If a mother of a convicted felon harbors her child in the state of Georgia is she still able to be charged with aiding

Abetting?

Ecleynne Mercy answered on Jul 15, 2019

Is she in prison (or a felon) for the kidnapping of the child? I need so much more information to answer. Statute of Limitations issues can be presented. So please seek counsel from an attorney.

1 Answer | Asked in Criminal Law and Traffic Tickets for Georgia on

Q: I got pulled over for no insurance and suspended registration. The cop let me fix it all (buying insurance/paying fees)

I have paid all penalties and have insurance now but I have to go to court. This is my first offense, am I facing jail time for this? Do I need a lawyer? I never received the notification in the mail due to moving so I had no idea.

Ecleynne Mercy answered on Jul 15, 2019

First up! Officers can absolutely lie to you. If you got a ticket. You still have to answer to the court. You may want an attorney to make sure that none of your rights are violated and that you fully understand the process.

1 Answer | Asked in Child Custody, Criminal Law, Family Law and Federal Crimes for Georgia on

Q: can a legal custodian let the child live somewhere else without getting in legal trouble?

I know someone who’s living with her aunt which is her legal custodian and I think guardian and her aunt and her aunts husband treat her very badly. Her aunt and the husband have been on and off for a long time and recently got married for the second time and moved into a house that they bought... Read more »

Homer P Jordan IV answered on Jul 15, 2019

No, it won't be legal without the consent of her legal custodian. You could consult with an attorney to see what options there are for her to legally be moved. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

1 Answer | Asked in Criminal Law for Georgia on

Q: (Chatham County, Ga) the probation officer of ,“Southeastern Corrections”, arrested a young lady for Prob. Violation

She was arrested June 6th, but they didn’t request the arrest warrant until June 16th. Not sure how that makes any sense, do they have that right?

Brandon Alexander Thomas answered on Jul 14, 2019

It depends what she was arrested for. Sometimes probation officers do arrest first, and issue the warrant later, if they have probable cause to believe a condition of probation was violated. For example, if the probationer goes to the probation office and tests positive for drugs, they would... Read more »

1 Answer | Asked in Criminal Law for Georgia on

Q: My brother was put on probation for bartow county Ga for burglery forced entry non residential and now hes back in jail

How much time is he looking at

Brandon Alexander Thomas answered on Jul 13, 2019

if he committed a new felony, he can be revoked in full on his probation sentence. So, for example, if he has 10 years left on his probation, he could go to prison for 10 years.

If he committed a new misdemeanor while on probation, the maximum the judge can revoke under Georgia law is 2...
Read more »

1 Answer | Asked in Criminal Law and Civil Litigation for Georgia on

Q: If I have a ring that was sold without my knowledge.

My mom's ring was lost and construction workers found it. Without knowing they took it home cleaned it up and sold it. I learned of this on social media. One of the guys wives made contact with buyer who agreed to sell it back. Also was told ring was much more valueble after having it appraised.... Read more »

Brandon Alexander Thomas answered on Jul 13, 2019

It is only a crime to buy stolen items if a person 'knew or should have known' the item was stolen. The crime is called Theft by Recieving.

1 Answer | Asked in Criminal Law, Traffic Tickets and Probate for Georgia on

Q: My license were suspended due to FTA from a citation received in August 2017, but they weren't suspended until Feb 2017.

I was given a citation in August 2017, and missed my court date. I never received anything in the mail about court or even anything about my license being suspended a few months later. I've looked up the citation number online and it's nowhere to be found. My license was suspended February of 2018... Read more »

Ecleynne Mercy answered on Jul 10, 2019

TAKE CARE OF THE FTA.... IT NOT ONLY SUSPENDED YOUR LICENSE. YOU GOT A WHOLE WARRANT. You are going to have to pay the FTA or provide a good excuse to get potential fine excused. Take care of the FTA first or be in fear of warrants. I pray this helps.

1 Answer | Asked in Criminal Law for Georgia on

Q: Can driving a vehicle as a habitual violator arrest be used to declare recidivism (O.C.G.H. 17-10-7 (c) ) ?

I am searching for cases where the sentence has been vacated due to the use of Motor Vehicle charges. Gainesville Georgia

Ecleynne Mercy answered on Jul 10, 2019

Defendant, convicted of operating a motor vehicle after having been declared an habitual violator and failing to obey a traffic control device, was improperly sentenced as a repeat “serious violent felony” offender where, although defendant had two previous habitual violator felony convictions,... Read more »

1 Answer | Asked in Criminal Law for Georgia on

Q: Can I switch from drug court that I'm already in and use my first offenders to get regular probation?

It's my first offense ever. I was charged with possession of meth, heroin, cocaine and paraphernalia. All the amount were less than a gram. My options were using my first offenders, conditional discharge 3 years, or drug court. I accepted the drug court and transferred the case to a county closer... Read more »

Ecleynne Mercy answered on Jul 10, 2019

At entry the participant must sign a contract. This contract details all requirements and rules of the

accountability court program. So first review your contract with regards to alternative sentencing. However, in most

Felony Drug Court maintains a post‐plea structure and...
Read more »

1 Answer | Asked in Criminal Law for Georgia on

Q: How much time will my bfriwnd serve on a 5 year sentence

Non violent crime, probation revokation for possesion

Ecleynne Mercy answered on Jul 10, 2019

This all depends on the facts of the case and the probation officers recommendation. Youll need a lot more information and an attorney to get specifics on how much time if any gets revoked.

1 Answer | Asked in Criminal Law for Georgia on

Q: My husband asked me to cash a work check for him while he was arrested now he is threatening me with criminal charges

He wrote a letter giving me permission.

Ecleynne Mercy answered on Jul 10, 2019

I would need more information. But he can file criminal charges or a civil case against you if you took the funds and did something other then what you all agreed to.

1 Answer | Asked in Criminal Law for Georgia on

Q: My daughter is in jail and needs medical she only has 45 days can I do anything to get her out sooner

She's been there since Feb was hospitalized in March while in jail was supposed to return to doc but they never took her gallstones which needs surgery she's not had a period since she's been there that's not healthy what can I do

Ecleynne Mercy answered on Jul 10, 2019

You need to contact the Sheriff immediately. Make a note about your medical concerns. The more evidence you can provide with regards to the urgency of her medical condition would be key.

1 Answer | Asked in Criminal Law for Georgia on

Q: How do I get the State Board Of Pardons & Parole Board to adhere to my Amended Recidivism Sentence?

I am serving a 10 years sentence on 1Count of Aggravated Assault, which is my first felony. At one-third of my time I received a letter from the Parole Board stating that I was sentenced as a Recidivist. Afterwards I filled a Motion To Correct Void Sentence & a Habeas Corpus. As of December 9th,... Read more »

Ecleynne Mercy answered on Jul 10, 2019

Tell the court that made the amendment to make sure the GBI has the Order of the change.

1 Answer | Asked in Criminal Law for Georgia on

Q: How do you request a 1st offender plea deal or bond reduction for drugs. If the pub defender assigned won't help you?

My fiance delivered thc wax and cannabis to a CI for a person who cannot be found. He also used his cellphone to confirm delivery time. A warrant was issued and he has been in Forsyth county since 5/2019. His pub def claims that the DA won't offer a plea deal for 1st time offender or respond to... Read more »

Ecleynne Mercy answered on Jul 10, 2019

With regards to the first offender the judge has the option not to grant it...which means it’s NOT a guarantee. Not seeking first offender plea now does not mean it’s completely out of the picture. With reference to the health issue I would send the relevant medical concerns to the Sheriffs... Read more »

1 Answer | Asked in Criminal Law for Georgia on

Q: How can I get obstruction of a officer felony charge without conducting No Violence to any officer ?

A Cobb county officer lied to me and told me he was gonna ask the other people in the car if the illegals were theirs he never did and then gave me felony obstruction of a officer with no explanation and still told me I didn’t have any felonies , only misdemeanor for the stuff that wasn’t mine... Read more »

Ecleynne Mercy answered on Jul 10, 2019

You will get the “explanation” I’m your discovery the evidence provided by the prosecutor. Officers have the absolute right to lie to you. That’s why it’s so important to know your rights and as for an attorney when being questions by law enforcement.

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