The short answer is yes. However, the person must not have a prior felony conviction and the aggravated assault charge must not have been against a law enforcement officer. Further, judges have wide discretion in sentencing someone as a first offender. See O.C.G.A. section 42-8-60. Therefore, the...Read more »
The short answer is yes. However, an important caveat is that the State (i.e., Prosector's office in the county where the alleged theft occurred) decides whether to pursue charges, not the victim. Therefore, because the amount stolen was over $500.00, the alleged thief would likely be charged...Read more »
Hello, I worked as a retail associate selling cell phones. In that position there was fraud going on with associates also selling phones were doing fraud and selling it to people using other peoples names basically a scammer. Will or can I still be charged for that? I unknowingly sold him phones... Read more »
All depends on the investigation and what turns up. You can also either sit silently OR actively participate, if you have an appetite or desire for that. If you may be criminally liable, advance cooperation can also be mitigation for when you face potential consequences. Generally I advise...Read more »
GI BILL program fraud 85/15 rule - business raided this morning and evidence collected - the owner paid a man to be the expert liason for the program which she knew little about and he submitted false documents to her which he assured her was how it was supposed to be done and she signed them and... Read more »
This is a very broad question - it may help if you tailor your question a little bit more to receive better responses. However, in general, a lawyer will use all the evidence in the case to provide the best defense for his/her client. This can be achieved through various ways (i.e., communications...Read more »
It all depends on why the resentencing was ordered. If it has to do with information in the PSR, such as guideline calculations, then the PSR will be revised accordingly, although the presentence investigation is not redone in its entirety.
Unfortunately, it will be impossible to get a definitive answer to your question. The main issue with your daughter's situation is that she will need to resolve her new drug charges while also resolving her [inevitable] probation violation/revocation in another county. I would recommend you...Read more »
You need to look at the factors that make up each crime. What you're describing is what sometimes is called "lesser included offenses." It allows a jury to find for a lesser crime instead of the main one for which a person is charged. Could each victim result in separate counts?...Read more »
He was also given paperwork to sign without counsel present under the assumption that it was the statement he had just made, but really he had unknowingly signed away his rights... He was incarcerated on 12/30/2021 where he has been held without bond( no bail hearing given) , or evidence,.. the... Read more »
There are three types of burglary in the state of Georgia -- 1st degree, 2nd degree, and smash and grab. All three are felony offenses. The penalties for the three types vary from a minimum of 1 year up to 20 years. Whether the state offers probation depends on a variety of factors....the facts...Read more »
A Georgia attorney could answer best, but your post remains open for two weeks. If it's done in the context of life insurance benefits, which is the common scenario, the crime is generally insurance fraud. Outside of that or other contexts involving illegal acts (but instead done as a...Read more »
If he was arrested for Theft by Receiving Stolen Property, the State will need more evidence than just possession of a stolen gun. Case law in Georgia is quite clear on the fact that people buy and sell guns individually and often; therefore, there must be actual evidence that the person...Read more »
Unfortunately, you have not provided near enough information or context for us to provide a specific response. Generally, a child is a child until the age of 18. Until the child reached the age of eighteen OR is otherwise emancipated, he or she should be living with the parents or another person...Read more »
Never been told I was operated on. I was to have cystoscope and was discharged with same. Pathology can’t find anything on me. My flesh and instruments must have left the hospital. No doctor will help me heal not even hospitals. Please help me.
A Georgia attorney could advise best, but your post remains open for a week, and it sounds like you are in need of medical attention as well as legal guidance. I'm very sorry for your ordeal - you should reach out to Georgia medical malpractice attorneys (see the tab above "Find a...Read more »
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.
My son is with my family. They are not my biological family they have recently petitioned the court to adopt and accuse me of abandonment. I witnessed my child engaging in the act of sex with two members of the family and was afraid to tell anyone about it at first, but have called CPS and reported... Read more »
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