Georgia Questions & Answers

Q: Is driving while on prescribed methadone illegal in Ga.

1 Answer | Asked in DUI / DWI for Georgia on
Answered on May 29, 2017

If you are determined to be impaired by drugs or alcohol while driving then you can be charged with DUI. Having a prescription is irrelevant.

www.JudgeCase.com
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Q: Was caught with three guns and 2 ounces of weed already a first offender on felony probation

1 Answer | Asked in Criminal Law for Georgia on
Answered on May 29, 2017

You already know that you are going to have two battles on your hands. Your existing case, where you are under Court oversight and will be called upon to answer for your conduct. This prior proceeding does not give you full legal rights, as you get for a criminal trial --- proof beyond a reasonable doubt. You will be brought to court soon on this charge. The U S Supreme Court in 1996 ruled that this was OK to do, even if the officer had other suspicions of wrongdoing. Whren v. United States....
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Q: i have a morality clause in my custody agreement. Can we move in with my fiance?

1 Answer | Asked in Child Custody and Family Law for Georgia on
Answered on May 29, 2017

If your morality clause prohibits overnight guests with whom you are in a relationship, then moving in with your fiancé would violate that clause. You can always get married prior to moving in, and then have the wedding next Spring.
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Q: I have been in a divorce for 6 years. MY ex refuses to finalize because he wants to get Child support as low as possible

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Georgia on
Answered on May 29, 2017

It is very unusual for a divorce to take as long as 6 years. You may need to check to see if your case is still open. If it is, you will have to request a final hearing. If not, then you will have to start over. No one will be able to give you specific advice until they have reviewed your paperwork and the court's file.
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Q: What is a typical sentence for affray and battery in Georgia for a first time offender

1 Answer | Asked in Criminal Law for Georgia on
Answered on May 28, 2017

Too many variables. Usually we see assault and battery, not affray. The Court, the assigned judge, the defendant's prior criminal history, and the seriousness of the confrontation all have a bearing on a potential sentence.

Look for criminal defense attorneys near your court location, and then compare credentials. This link may assist you:

https://bubbahead.com/dui-lawyer/

WCH
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Q: My car was parked on private property in a parking lot off the main road, some people were fishing on this man's propert

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Criminal Law for Georgia on
Answered on May 28, 2017

It does not seem that he is trying to extort anything from you. He simply was getting payback for you trespassing.

Do not talk to police without an attorney. The police can possibly charge you with drug possession, under a theory of constructive possession. But, if you TELL them is was your weed, they have a stronger case against you.

Even if it is a public defender, get a lawyer ASAP.
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Q: What if an adult knowing is hiding a teenager against the instructions of said minors parent?

1 Answer | Asked in Criminal Law and Juvenile Law for Georgia on
Answered on May 28, 2017

Almost certainly, yes. And, this can be a felony, depending on the circumstances.
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Q: Will a bond be available for a person who is arrested for a misdemeanor simple assault?

1 Answer | Asked in Criminal Law for Georgia on
Answered on May 28, 2017

Almost always, unless the person arrested is on probation, or is a clear threat to do more harm, or has a prior conviction history of similar physical altercations.
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Q: How do I start a child support modification? Is it free?

1 Answer | Asked in Child Support for Georgia on
Answered on May 28, 2017

Asking for a modification through Superior Court is not free. Child support enforcement will do it for free, but they can take up to six months. Before muddying the waters, as you call it, you should have a consultation with an attorney who can listen to the income, expenses, insurance, parenting time and all other factors that factor into child support to determine whether it is worth it to file for a modification.
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Q: my ex and daughter moved out of Georgia 2 months ago. I was unable to have her served for legitation. does GA have juri?

1 Answer | Asked in Family Law for Georgia on
Answered on May 27, 2017

Yes, Georgia will have jurisdiction. However, your case can't proceed until she is served. I recommend you hire an attorney to help you because Georgia's jurisdiction will expire in 4 months.
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Q: Was this search illegal or legal?

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Answered on May 27, 2017

No simple answer exists to this question. Stopping a moving vehicle, for a felony takedown requires RELIABLE information that a crime has been committed or is in the process of being completed.

Something seems "fishy" about this question, such as missing information. Usually a "citizen" only gets involved in such deals if they are a SNITCH, trying to get their own crime or crimes mitigated by helping out the police.

The person needs to hire an attorney to file motions to compel...
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Q: Can I report a car stolen if the title is not in my name

1 Answer | Asked in Criminal Law for Georgia on
Answered on May 27, 2017

Yes, but you better KNOW that the car was stolen, and not loaned out to the person whom you are about to have arrested.
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Q: In criminal with one on probation what is the statues of limitation to bring charges against them in processing a case?

1 Answer | Asked in Criminal Law for Georgia on
Answered on May 27, 2017

Your question is not clear, but I will try to give you some information.

You are MIXING two different questions.

First, if a person is already on probation, and gets a new arrest, this person is subject to being SANCTIONED by the Judge in the prior case. This can mean jail time, etc.

Statutes of limitation are not controlled by whether a person is already on probation. These statutes only delineate how long after a crime has been completed, that the Prosecutor has to...
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Q: How do I get a mandatory interlocking device required through the state of Georgia waived?

1 Answer | Asked in DUI / DWI for Georgia on
Answered on May 27, 2017

Your best bet is to hire a DUI specialist for this question. Getting a waiver requires the person to have completed all conditions EXCEPT interlock, and then have waited the requisite time for reinstatement.

Larry Kohn is one lawyer who will know how to unravel your dilemma, if your existing lawyers does not.

404-567-5515

Tell him you got this answer on Justia
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Q: How long can you serve in jail for dui with pot? They are saying 2 yrs. Is this correct

2 Answers | Asked in DUI / DWI for Georgia on
Answered on May 27, 2017

This depends on the amount, the criminal record of the offender and the county prosecutor.

Obviously, this person needs an excellent criminal defense attorney.
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Q: My boyfriend has been asked to talk a lie detector test due to our daughter making up a story about him touching her

1 Answer | Asked in Sexual Harassment and Criminal Law for Georgia on
Answered on May 27, 2017

This man should hire an attorney. A criminal defendant cannot use a polygraph (lie detector) to help get OUT of trouble, since the Georgia Legislature changed this important law over three decades ago. So, why would ANYONE trust a lie detector, to exonerate them?

I top criminal defense lawyer can guide the boyfriend to a PRIVATE polygraph operator, for taking a private polygraph. If he passes that, then MAYBE, so long as the private polygrapher gets to oversee the GBI or other...
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Q: Are brass knuckle belt buckles illegal

1 Answer | Asked in Criminal Law for Georgia on
Answered on May 27, 2017

Brass knuckles have been ruled to be a weapon, in several GA cases. Example: taking brass knuckles into a school. When in doubt, about anything that can be used as a weapon, don't take it.

If you do, hire an excellent criminal defense attorney.
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Q: I can't get a license in Florida because of a Georgia DUI - what do I do?

1 Answer | Asked in DUI / DWI for Georgia on
Answered on May 26, 2017

Much more information will be needed. You should call an attorney who handles DUI as a legal specialty.

Call 404-567-5515 and ask for Larry Kohn.

William C. Head
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Q: Dad died, left a simple will naming my mother as executor and the recipient, basically just a house in the estate.

1 Answer | Asked in Probate for Georgia on
Answered on May 26, 2017

Unless the house was owned by your father and mother as joint tenants with right of survivorship, and all other property was owned so that it passed directly to your mother (e.g., a joint bank account), then a probate proceeding would be necessary to transfer the property owned solely by your father to your mother. There are at least a couple of options as to what type of probate proceeding should be used. I recommend that your mother consult with a qualified probate attorney to determine...
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Q: Can a married mother with no court order leave the state to move to another state or would that be kid knapping?

1 Answer | Asked in Family Law for Georgia on
Answered on May 26, 2017

It is not kidnapping. Both parties have equal rights to children while married. Either parent can move with the children. However, it is not a good idea and it's probably pretty bad co-parenting. If the spouse left behind files for divorce, they have an increased chance of getting custody because the other parent made a unilateral decision to move the children, which does not look good in the Court's eyes. An attorney should be consulted before any potential move to avoid issues in the...
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