They didn’t find the gun on me and I get off probation in July.
answered on Mar 19, 2023
If you are currently on probation and have been arrested for possession of a firearm and a controlled substance, the consequences you may face will depend on a variety of factors, including the laws in your jurisdiction, the specifics of the charges, and the terms of your probation.
In... Read more »
1 16-13-31 TRAFFICKING IN METHAMPHETAMINE OR AMPHETAMINE Felony SUPERIOR
23-4996FW 1 16-13-30(B) POSSESSION OF METHAMPHETAMINE WITH INTEN T TO DISTRIBUTE Felony SUPERIOR
23-4997FW 1 16-7-20 POSSESSION OF TOOLS FOR COMMISSION OF A CRIME Felony SUPERIOR
23-4998FW 1 16-7-20... Read more »
answered on Mar 19, 2023
The punishment for trafficking, or any other criminal offense, can vary depending on the specific circumstances of the case and the jurisdiction in which it is being prosecuted. However, in general, trafficking is a serious offense that can carry severe penalties.
If an individual is... Read more »
the stuff that was recieved wasnt stolen . it was given to a cousin from her ex. the man collected the stuff that he was looking for . now almost 3yrs later theyre still going to court on it . how can that be ?? and what citizen rights are there to dispute it in writing to a judge for ndismissal??
answered on Dec 27, 2022
You cannot communicate directly with the Judge. There are motions that you may want to file, including possibly a demand for speedy trial, that can speed up the process.
You may want to consider hiring a lawyer to protect your rights, and to help resolve your case more quickly.
For... Read more »
Felony probation. Has been on it for 3 years after serving prison time and parole. He violated probation by not completing all of the drc treatment plan. He couldn't work and do those classes completely. He has 2 babies age 1 and 3 whom he is the main provider. His family is facing eviction... Read more »
answered on Aug 18, 2022
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 »
answered on Aug 18, 2022
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 »
answered on Aug 18, 2022
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 »
I know it is illegal to discharge a firearm while intoxicated over a 0.08 but what if I am drunker than a 0.08 but I’m threatened enough to use it? This happened last weekend leaving a bar and a guy pulled a gun and pushed the barrel into a friends chest while I was behind him. I was carrying but... Read more »
answered on Jul 26, 2022
The short answer is yes. In Georgia, whether intoxicated or not, a person has the right to defend themselves against the infliction of death or serious bodily harm. However, to justify the use of deadly force (i.e., shooting the firearm), the person must not be the aggressor and must actually be... Read more »
They were displaying the work for purchase & did not protect it. Cameras were not working and they did not notify me of its official disappearance until well after. They do not want to fully compensate for the work so I need assistance with going to court. Please help
answered on Jul 26, 2022
This sounds more like a civil tort (i.e., negligence, breach of contract), not a violation of criminal law.
the person already has a plea but hasnt excepted it because lack of evidence
answered on Jun 15, 2022
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 »
Tracked their location thru the IP address, but at the time the victim didn't press charges Almost a year later could the victim decide to press charges. The amount stolen was around $2000.
answered on Jun 7, 2022
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 »
answered on May 22, 2022
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 »
answered on Apr 14, 2022
Hire an experienced criminal defense lawyer and do not answer any of the investigators questions.
answered on Mar 19, 2022
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 »
How long does this process take the district court to do this? Is the psr always redone
answered on Mar 10, 2022
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.
- Law Office of Joseph Abrams, Anaheim, CA
Another county for 2 poss of meth charges.....will she go to prison
answered on Feb 28, 2022
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 »
answered on Feb 7, 2022
Your probation officer should notify the court once you are finished, and the clerk should process the first offender restrictions.
That being said, "should" does not mean "will". You may want to follow up with the clerk's office about a month after you've completed everything, just to be sure.
I'm writing a fictional story about someone who broke laws on the federal and state level, and I'm using Georgia as the state law.
Let's say the accused was caught inflicting and trying to inflict physical harm on three officers during the booking process. The accused... Read more »
answered on Feb 6, 2022
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 »
answered on Jan 14, 2022
He needs to act fast to get Habeas Corpus relief. If he can get out of custody, he will be in a much better position to pursue his other claims involving this experience.
I took a plea for simple battery with an ex but not sure it its classified as domestic does the actual word domestic show if its a domestic charge?
answered on Dec 16, 2021
This is going to require some factual investigation, as the details are SUPER important in this analysis.
IF the conviction was under the Georgia Family Violence Act then a prohibition applies. This does not need to be explicit, however, and, as the prohibition is based on Federal law... Read more »
answered on Oct 25, 2021
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 »
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