In and of itself, I don't see there being a problem with a juror being an old classmate of the judge. The primary consideration for a juror to be seated is whether or not he/she is able to be fair and impartial under the present circumstances. If the juror was an old classmate of the... Read more »

If the convictions stemmed from one succinct criminal transaction and all against the same victim, then the aggravated assault convictions should have merged with the aggravated battery conviction for sentencing purposes. See Regent v. State, 299 Ga. 172, 787 S.E.2d 217 (Ga. 2016). However, note... Read more »

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answered on May 21, 2023

Whether or not the tape would be admissible would depend on why it's being offered. However, generally speaking, the fact that the person on the tape had been drinking would not in itself make it inadmissible.

The best places to find case law is via Google Scholar. It is free. All you need to copy/paste is the case cit. Here is the link:

https://scholar.google.com/scholar?hl=en&as_sdt=4,11

You have 30 days from the date of the order to file a notice of appeal on a probate Judge's decision.

I assume it is an exhibit / affidavit for a motion to dismiss the appeal.

I regret that your question did not contain enough information to formulate an answer. For example, what is the case about? You said you have filed your "arguments"--that still does not give me enough information. And can you appeal--still not enough information...

You should be able to view the entire record, including materials from the other side.

Need more facts to answer this question. The hearsay evidentiary rule excludes out of court statements that are offered to prove the truth of whatever it asserts. If the un-indicted accomplice is available to testify, then he/she can testify, to an extent and subject to many evidentiary objections,... Read more »

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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

You can purchase a transcript of the trial proceedings or a portion of it. The jury instructions would be included.

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

First of all, I am not a GA attorney. That being said, if this was a criminal proceeding, you have 30 days from sentencing. Regardless, it's 30 calendar days not 30 business days for an appeal. You could still file a motion for new trial with trial court, however, that motion --generally--will... Read more »

This will depend on they type of case and what causes you might have for an appeal. Appeals usually have a short time to file so it is best to retain counsel as soon as possible

I'm sorry, but what is your question?

The first and only thing she should do now is secure defense counsel. She should not be speaking with anyone about the situation - period. Only discussions with legal counsel are protected.

Honestly, there are too many moving parts in your situation. It would be best for you to sit down with an attorney to discuss the problems you have individually and more specifically.

Simple assault is a misdemeanor. As such, it carries up to 12 months in jail. I would suggest that you contact an experienced criminal defense attorney for representation. Furthermore, if you have been diagnosed with any kind of mental health disorders, gather that paperwork for your attorney -... Read more »

It depends on whether you were actually the subject of the warrant or you have been mistaken for the person on the warrant. There should be some additional information such as DOB, height, weight, etc. The name issue can be cured by issuing a new warrant with the correct name.

You need to ask your trial lawyer for guidance on the appeal, as you are entitled to at least one level of appeal. http://www.gapubdef.org/ can assist you if the trial attorney is incommunicado.

For private assistance I recommend folks use Adam Hames, Ms. Leighann Webster or Scott Key.

I would always recommend retaining an attorney for any criminal matter. An attorney will be able to draft the proper motion and prepare the proper arguments for retroactively treating your conviction under the First Offender Act.