Georgia Questions & Answers

Q: Statute 99-8 HOLD FOR OTHER AGENCY ATLANTA PD Does anyone know what Statute 99-8 pertains to.

1 Answer | Asked in Criminal Law for Georgia on
Answered on Apr 23, 2019
Samantha Embry's answer
This means that the person who has been arrested in one place has a warrant in another place. So, when they are bonded out of wherever they are, they will immediately be transferred to the location where the other warrant is. For example, he or she got arrested in Decatur, but has a warrant out for their arrest in Atlanta. Whenever he or she bonds out of Decatur, Atlanta PD will be notified to come pick the person up from Decatur for transfer to Atlanta jail. The only way to avoid this...

Q: Court date yrs ago that I was not aware and now I have 2 warrants. What to do to not get arrested but get new date?

1 Answer | Asked in Criminal Law, Traffic Tickets and Car Accidents for Georgia on
Answered on Apr 23, 2019
Samantha Embry's answer
Bench warrants are issued in circumstances were (1) you failed to appear for a court date (2) failed to pay a court fine on time (3) failed to obey a court order or violated probation. The main way to get a bench warrant lifted is to appear in court - either through your attorney or in person. Another way is to have it dismissed because it wasn't served properly. You mentioned you never got notice of the appearances. Why not? Did you address change? Depending on why you did not get notice of...

Q: What kind of law does CPS fall under in ga? Including their duties and parental rights

1 Answer | Asked in Child Custody for Georgia on
Answered on Apr 23, 2019
P. Justin Thrailkill's answer
That's a broad question. Their obligation is to protect children, which is to say that they have no obligation to you or your rights. If you are involved in a case with DFCS, you need to contact an attorney so that you know your rights.

Q: If the prosecutor on one case turns around and becomes my public defender on another case, be considered a conflict of i

1 Answer | Asked in Criminal Law for Georgia on
Answered on Apr 22, 2019
Ecleynne Mercy's answer
In Billings v. State the court pointed out that “[i]t would clearly be improper for an attorney to change roles from the prosecution to the defense (and vice versa) in the same case.” However, the court held that it was not error for the trial judge to deny the defendant's motion to disqualify the district attorney's office from prosecuting the case inasmuch as an assistant district attorney, who did not participate in the prosecution of the case directly or indirectly while in the public...

Q: In Georgia can a person pay a speeding ticket issued at a traffic stop if felony charges were also filed before courtda

1 Answer | Asked in Criminal Law and Traffic Tickets for Georgia on
Answered on Apr 22, 2019
Ecleynne Mercy's answer
Nope especially if they are in the same transaction and occurrence.

Q: Do I need an attorney for a theft by receiving charge?

1 Answer | Asked in Criminal Law for Georgia on
Answered on Apr 22, 2019
Ecleynne Mercy's answer
Yes you do. some mistakes can be considered harmless error. Get an attorney now.

a person convicted of a violation of Code Sections 16-8-2 through 16-8-9 shall be punished as for a misdemeanor except:

(1)(A) If the property which was the subject of the theft exceeded $24,999.99 in value, by imprisonment for not less than two nor more than 20 years;

(B) If the property which was the subject of the theft was at least $5,000.00 in value but was less than $25,000.00 in...

Q: Are preliminary hearing transcripts available in ga criminal cases

1 Answer | Asked in Criminal Law for Georgia on
Answered on Apr 22, 2019
Ecleynne Mercy's answer
“OCGA § 5–6–41 addresses the requirements for the reporting and preparation of transcripts of evidence in trial proceedings. OCGA § 5–6–41(b) provides that ‘(i)n misdemeanor cases, the trial judge may, in his discretion, require the reporting and transcribing of the evidence and proceedings on terms prescribed by him.’ OCGA § 5–6–41(j) provides, ‘(i)n all cases, civil or criminal, any party may have the case reported at his own expense.’ ” Williams v. State, 254 Ga....

Q: If a witness dies before he is cross examined at trial what happens to his testimony?

1 Answer | Asked in Criminal Law for Georgia on
Answered on Apr 22, 2019
Ecleynne Mercy's answer
O.C.G.A. § 24-8-804(b)(1) provides that testimony from another hearing, proceeding, or deposition can be admitted if the party against whom the prior testimony is being offered had an opportunity to develop the testimony by direct, cross-, or redirect examination.

In the case of a witness's death, a certified copy of the death certificate is sufficient to prove the predicate of unavailability of the witness for purposes of admitting the witness's prior testimony.

When a...

Q: If you file a motion for speedy trial for armed robbery in Atlanta GA Fulton county in apirl 26th 2013 it was granted

1 Answer | Asked in Criminal Law and Constitutional Law for Georgia on
Answered on Apr 22, 2019
Ecleynne Mercy's answer
A defendant's constitutional right to speedy trial can be determined only on an ad hoc basis in which the conduct of the prosecution and the defendant are weighed and balanced; among factors which courts should assess in determining whether a particular defendant has been deprived of his rights are length of delay, the reason for the delay, the defendant's assertion of his right, and prejudice to the defendant.

Barker v. Wingo, 407 U.S. 514, 92 S. Ct. 2182, 33 L. Ed. 2d 101 (1972)

Q: In the state of Georgia if my public defender was once a prosecutor against me. Is that grounds for conflict of interes.

1 Answer | Asked in Criminal Law and Probate for Georgia on
Answered on Apr 22, 2019
Ecleynne Mercy's answer
In Billings v. State the court pointed out that “[i]t would clearly be improper for an attorney to change roles from the prosecution to the defense (and vice versa) in the same case.” However, the court held that it was not error for the trial judge to deny the defendant's motion to disqualify the district attorney's office from prosecuting the case inasmuch as an assistant district attorney, who did not participate in the prosecution of the case directly or indirectly while in the public...

Q: Is it possible to transfer a court case to a different state due to monetary hardship and not able to stay instate

1 Answer | Asked in Criminal Law for Georgia on
Answered on Apr 22, 2019
Ecleynne Mercy's answer
I think I may need some more information. However, the case while pending will not be transferred. However, the case after a plea or some sentencing can be transferred. I would suggest informing the court about the financial hardship and proceed from there.

Q: Hi. My friends step brother sexually assaulted and raped her when she was in 7th grade. The guy is 4-5 years older

1 Answer | Asked in Criminal Law and Sexual Harassment for Georgia on
Answered on Apr 22, 2019
Ecleynne Mercy's answer
Call the District attorney office and report the crime.

O.C.G.A. § 17-3-2.1 sets out the statute of limitations for most sex offenses involving children under the age of 16.

For offenses committed between July 1, 1992 and June 30, 2012, if the alleged victim of the offenses of rape or child molestation is under 16 years of age, the statute of limitations (seven years) shall not begin to run until the victim has reached the age of 16 or the violation is reported to law...

Q: Is the 2013 code 17-10-6.1 section "e" mandatory minimum deviation retroactive?

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Answered on Apr 22, 2019
Ecleynne Mercy's answer
Trial court has no discretion to alter or to allow parole board to alter mandatory minimum sentence of ten years for any serious violent felony, including armed robbery.  

Taylor v. State, 1999, 241 Ga.App. 439, 526 S.E.2d 910.

Statute prohibiting trial court from giving first offender status to anyone guilty of a serious violent felony had no retroactive application to defendant to limit discretion of trial judge in what sentence to impose, where serious violent felonies for...

Q: Can the victim pay money back for theft by taking

1 Answer | Asked in Criminal Law for Georgia on
Answered on Apr 22, 2019
Robbie Levin's answer
The victim is the person who money was taken from. So I don’t understand why the victim would pay money back.

Generally, the accused would pay money back to the victim as a part of any plea deal in a theft case.

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

Q: Does the cost basis step-up for mutual funds in a revocable living trust upon the death of trustees?

2 Answers | Asked in Tax Law for Georgia on
Answered on Apr 22, 2019
D. Mathew Blackburn's answer
The trust is either revocable or irrevocable on its terms not based on the use of an EIN.

IRS customer service reps are complete morons.

Hire an attorney.

Q: What is typical payout for pain and suffering in a motor accident in Atlanta GA is it a 1.1 ratio with medical bills?

1 Answer | Asked in Personal Injury for Georgia on
Answered on Apr 22, 2019
Timur Akpinar's answer
There really isn't such a formula or rule of thumb that can readily be applied in every case across the board. Each case has to be evaluated individually on the basis of the respective liabilities of the parties, the injuries (particularly in terms of their long term impact - considering partial or permanent disability), pain and suffering, and other elements related to how the accident impacts one's life. These are only a few factors; there are others as well. If you want to gather the...

Q: Is it legal for the mother of our child to receive child support if she is living with me and our child

1 Answer | Asked in Child Support and Family Law for Georgia on
Answered on Apr 19, 2019
Regina Irene Edwards' answer
The child support order will remain in place unless and until you change it. You need to speak with an attorney about modifying the order.

Q: What happens to my home equity in a chapter 13?

2 Answers | Asked in Bankruptcy for Georgia on
Answered on Apr 19, 2019
Timothy Denison's answer
Way too many questions to answer in a text bc there are so many variables to consider, but the short answer is yes, a Chapter 7 or 13 could help you resolve these issues permanently and likely help you keep your home. You need to consult with an experienced bankruptcy attorney who can analyze your complete financial situation and decide which route is best for you.

Q: Left center lane turn vs left turn exiting shoping plaza who has the right of way in GA?

1 Answer | Asked in Traffic Tickets and Car Accidents for Georgia on
Answered on Apr 19, 2019
Peter N. Munsing's answer
If both cars are turning left, and if the center lane has a path directly ahead,but the person in the center lane decided to try to turn from that lane, anyone in the designated left turn lane has the right of way.

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