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I was sentenced as a GA first offender in 1996 and completed it in 2006. I also have a misdemeanor in 2004 and pled to 1year probation. it was an obstruction of officer. I have nothing else since 2005.
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answered on Mar 2, 2023
Under federal law, a person who has been convicted of a felony or certain misdemeanor crimes of domestic violence is prohibited from owning or possessing a firearm. However, a GA First Offender on your record does not constitute a conviction and therefore does not automatically disqualify you from... View More 
My attorney for my state charge told me this has to be brought to federal court after the conclusion of the State's charges. Is this correct?
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answered on Mar 2, 2023
It is possible to raise violations of constitutional rights as a defense in a criminal case in Georgia Superior Court, but it ultimately depends on the specific facts and circumstances of your case. If your constitutional rights have been violated, your attorney can raise those issues as part of... View More
If Im traveling my privately owned automobile for personal reasons, and not a vehicle for commercial use, do the codes and statues not apply to me?
answered on Dec 4, 2022
A Georgia attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a Georgia attorney for definitive guidance per applicable vehicle & traffic laws or insurance laws, as a general matter, "vehicle" usually means a mechanically or... View More
answered on Sep 30, 2022
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... View More
I was approached by a deputy while standing in a hotel parking lot and charged with obstruction for failure to ID, arrested and put in jail in Georgia.
answered on Aug 18, 2022
You do not have to provide ID unless you are driving a car or the officer has probable cause to suspect a crime was being committed. Thus, if the officer had probable cause to believe you were committing a crime, then any civil suit would fail. Further, suing police officers for conduct committed... View More
LEO's opened my gate because they suspected that a person they had an arrest warrant for was there. Which they weren't there. Did they have the right to just unlatch my gate (that has a no trespassing sign on it) and open them up, and proceeded onto my property looking for said suspect?
answered on Jul 1, 2022
Yes, if the police relied upon reasonable, articulable facts that the person they had a valid arrest warrant was on the property. It does not matter if the person was actually on the property if the above standard was met. However, the police will be limited to only search the property for where a... View 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... View 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.
answered on Jan 6, 2022
It should, but you should check with the clerk of the court that sentenced you to first offender probation to be sure.
The police arrived to my home and stated to us that they were charging her with criminal trespass (family violence) which didn’t make sense . We questioned them howeever they booked her into the jail for smash and grab burglary , purchase of alcohol being a minor , and possession of marijuana... View More
answered on Oct 12, 2021
She will have to either hire a private attorney or be assigned a public defender to help defend these serious charges, which could and should have been avoided by not calling the police in the first place. Whether you want press charges or not against your daughter is out of your hands because now... View More
I was stopped for not having on my selt belt. The officer asked for my license which I gave him. He then went to his car and ran my license. It came back expired by one month. He asked if I knew about it I said no and he handed me back my license. He then when to another officer and was speaking to... View More
answered on Aug 17, 2021
Sounds like a standard fishing expedition and you need to get a lawyer to file a motion to suppress.
The cops are allowed to intercept folks if they have probable cause that a crime is occurring (seat belt) and then commonly use that as an entry point for additional investigation. It is... View More
They kept her in room without lunch all day instead of going to class
answered on Aug 17, 2021
There should be some sort of written reason offered by the school. You need to schedule a meeting with the administration and get to the bottom of the disparate treatment.
The residence in question has a different address than what they said was on the warrant. So this is 2 part questions. Are they required to show u the warrant and hand u a copy. And 2. The residence they seized drugs in was different than one on the warrant I never saw. Are these things legal and... View More
answered on Jun 11, 2021
These are questions that your defense attorney will address with you. I believe I know what you are thinking and why you are asking this question. If I am right, then the arguments that will need to be made will be argued later, down the road. The many facts that are so important are not known... View More
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answered on May 18, 2021
Yes. It usually requires some intricacies and it is best to have an attorney assist you with this action.
answered on Feb 8, 2021
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.
The question relates to my arrest after I had placed a call to 911 requesting police to respond to a domestic violence assault against me. The other party was also arrested charged and ultimately plead guilty but I was arrested and accused of charging at the other party. But in reality I was pulled... View More
answered on Dec 30, 2020
Felony obstruction is a serious charge. Unlike the misdemeanor variety, the felony obstruction indicates that you did violence or offered to do violence to the officer.... You should definitely consult "directly" with an attorney and not try to resolve this on your own.
Officers... View More
Georgia made a decision in Davis v. State affirming his conviction due to star decisis in Hines v. State, 249 Ga. 257 (1982), concerning Brady. Since that decision the US Supreme Court have stated that impeaching evidence which must include evidence that the police did not turn over to the... View More
answered on Dec 17, 2020
You would file a petition for cert with the U.S. Supreme Court challenging the ruling of the Ga. Supreme Court. It is discretionary with the US Supreme Court to take the case.
medical treatment ordered by the jails doctor
answered on Dec 5, 2020
A Georgia attorney could advise best, but your question remains open for three weeks. As a general matter, it could depend on the health care system in place. In some states, inmate medical care is covered by state or municipal health agencies. In others, it could be covered by third-party private... View More
answered on Nov 5, 2020
You can call the local nonemergency line or take it to your local precinct. Leave it in your vehicle prior to entering and let them know you found the firearm and where. They can run the serial number to see if it is registered. They will also need to take "test fires" to compare... View More
I was pulled over after just getting my car back October 2nd, the reason for the stop was they had claimed my paper temporary tag was flapping in the wind but the plastic tag cover I bought pretty much tells me that was a lie. They search my vehicle without my consent and all of a sudden a tiny bag... View More
answered on Oct 27, 2020
You should hire an attorney as soon as possible. There are notices and deadlines that have to be met in order for the seizure and potential forfeiture to be valid. In any case, do not delay taking action to get your property back.
As far as the charge itself, there appear to be multiple... View More
The guy claims he didn’t know who she was, But she clearly has postal magnets on her vehicle also a strobe light on top of the car because she makes frequent stops and to top it off she was wearing a USPS shirt
answered on Jul 15, 2020
Your circumstances are unfortunate. Given the information provided, your wife should contact the police department and file a complaint with them.
We wish you well.
-The Upshaw Law Firm, (770) 240-0922.
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