Lawyers, Answer Questions  & Get Points Log In
Georgia Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Georgia on
Q: If your at a house that gets raided an they find drugs in the house but not on you are they supposed to arrests you
Jermario L Davis
Jermario L Davis answered on Jul 16, 2021

The short answer is that, presence alone (inside of a house that is raided) is not enough for an arrest. Officers are required to have reason to believe that the defendant had access to and the ability to exercise control over the drugs that were found. As such, the circumstances surrounding the... Read more »

1 Answer | Asked in Civil Litigation and Criminal Law for Georgia on
Q: Where can I find extensive information on writ of habeas corpus. Everything I found so far is directing me to West law

I don't need West law. I need other resources not just scanty information and cases. Thanks

Michael D. Birchmore
Michael D. Birchmore answered on Jul 15, 2021

I'm not really sure what to tell you. Westlaw basically has a monopoly on all written material regarding legal issues. You might try reading the United States Code (Federal statutes). Still, statutes are interpreted by the courts on a daily basis. As courts write opinions (rulings), the... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: What is a typical sentence for a simple 16-8-2 theft under 100 dollars

Would there be a ticket involved or would there be time? I just am curious

Jermario L Davis
Jermario L Davis answered on Jul 14, 2021

Typical depends on which jurisdiction you are charged in and your criminal history. Assuming that you have no history, you could be looking at pretrial diversion. Pretrial diversion might include fines, community service, and a theft seminar. On the other hand, a misdemeanor theft could be... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: Misdemeanor shoplifting from employer who allowed employees to have tab.i quit and got charged .i shouldn't be convicted
Ellaretha Coleman
Ellaretha Coleman answered on Jul 12, 2021

There are not enough facts included in your request to give an accurate response.

3 Answers | Asked in Criminal Law, Divorce and Immigration Law for Georgia on
Q: Can the following message from my wife be considered extortion?

You don't know! This is going to be my lat talk to you, do not ask me any more, I need 2 thousand dollars to pay the hospital and the anesthesia, if you don't guive to me I'm done with you at this I you not look back, think and like I said , I need the money not good talking, only... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jul 6, 2021

No.

View More Answers

1 Answer | Asked in Criminal Law for Georgia on
Q: If my ex girlfriend and her husband want to help me get my aggravated assault charge dismissed what should they do?

I was just charged with aggravated assault battery and elder abuse. The victims were my ex girlfriend who’s is 40 and her husband who is now 78. They both attacked me at once and wouldn’t let me leave the house the police came and arrested me they took pictures of her neck and pictures of her... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jun 23, 2021

Since you have an attorney, you should speak to your attorney about this, or perhaps just copy and paste your post on this site and send it to your attorney. He's representing you, and is responsible for planning your defense---the information you have posted is good information for him and... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: Can a person be charged with shop lifting if they never left the store
Boe Lynn Bowen
Boe Lynn Bowen answered on Jun 16, 2021

Varies by state and judge. In short charged yes, found guilty maybe/depends.

1 Answer | Asked in Criminal Law for Georgia on
Q: If a search warrant return was dated passed ten days doesn't that make the warrant void and eligible for suppression

This a case involving drugs

Jermario L Davis
Jermario L Davis answered on Jun 12, 2021

Search warrants generally have an expiration date. As long as they are executed prior to the expiration date and are carried out within the parameters of the warrant, then they are generally valid.

It sounds like you have some concerns over the warrant and whether it was valid when...
Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: Is walking away from an officer and refusing to identify oneself to an officer obstruction?
Jermario L Davis
Jermario L Davis answered on Jun 12, 2021

These type of cases depend heavily on the totality of the circumstances.

With that said, walking away from an officer is only obstruction if the officer has reasonable articulable suspicion that you are involved in criminal activity. In order words, he must have some specific and...
Read more »

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Georgia on
Q: Police came to my residence w a search warrant I was never shown or given a copy of. Is this legal to do?

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... Read more »

Michael D. Birchmore
Michael D. Birchmore 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... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Georgia on
Q: What will my sentence be for simple assualt it's my second charge and I was intoxicated and mentally manic

Suffocated and drugged to the point I cannot sit up when I was taking the first time to jail. I do not want to go back to jail what can I do

Jermario L Davis
Jermario L Davis answered on Jun 10, 2021

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 »

1 Answer | Asked in Criminal Law for Georgia on
Q: At a preliminary hearing can the victim of the case refuse to testify by pleading the 5th & it still be bound over

To superior court?

Jermario L Davis
Jermario L Davis answered on Jun 10, 2021

Yes. At a preliminary hearing, hearsay is admissible. This means that the officer can testify to what the victim told him. If the judge believes that the officer's testimony alone is sufficient to meet the probable cause standard, then the case will be bound over.

With that said,...
Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: Can grand larceny of more than $5,000 no more than $10,0000 be expunged off my record

I spent 3 months in countty waiting on grand jury, got 5 suspended 5 years probation and 5 to serve possibly if i violated, well i just got my discharge papers that was signed by judge on 4/21/2021, i got them 2 to 3 weeks ago.. this happened in mississippi

Sam McRae
Sam McRae answered on Jun 9, 2021

You will want to contact an attorney in Mississippi about this one.

1 Answer | Asked in Criminal Law for Georgia on
Q: So in 2019 I got arrested for driving on suspended.well the dropped the charge's and let me out.then at the beginning .

So at the beginning of 2020 they picked it back up and bound it over I need help please talk to me

Sam McRae
Sam McRae answered on Jun 9, 2021

The court has two years to bring the case against you. You may want to call an attorney to consult about your case.

1 Answer | Asked in Criminal Law for Georgia on
Q: My ex- husband and i were driving downtown Atlanta, he got pulled over by a cop for no tag.He purchased a vehicle about

May2021.they locked him up on warrant for child support.i have child support payment portal on my phone.i showed that he has been making some payments.Now he is still in jail from May 30th until present.Now they are saying he has a hold on him for violating his probation ...with no bond.he... Read more »

Sam McRae
Sam McRae answered on Jun 9, 2021

An attorney may be able to contact the court and prosecutor directly to schedule a court date for the probation violation.

1 Answer | Asked in Criminal Law for Georgia on
Q: What happens with 7 shoplifting charges?

My grown daughter (age 28) was caught at the door of Walmart by their security and was arrested for theft by shoplifting. She was accused of swapping price tags and paying a reduced amount for the items. She is currently looking for an attorney. In the meantime, she found out that she is looking at... Read more »

Jermario L Davis
Jermario L Davis answered on May 29, 2021

Without more information, it is difficult to say how this will play out. From an efficiency standpoint, my guess is that the state will charge her on one indictment/accusation and add additional values for any of the 6 charges that they can prove. Assuming that the total loss by Walmart exceeds... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: Can you have an outstanding warrant for disorderly conduct but never received a ticket or a court summons
Robbie Levin
Robbie Levin answered on May 28, 2021

Yes. If you believe such a warrant exists, you should consider hiring an attorney to possibly help you avoid jail time.

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

-Law Office of Robbie M. Levin

1 Answer | Asked in Criminal Law for Georgia on
Q: I have a court date coming up next week on a theft by taking misdemeanor from my previous employer. Do i need legal ?
Jermario L Davis
Jermario L Davis answered on May 24, 2021

Having an attorney represent you, whether private attorney or appointed, places you in a better position to achieve a fair and just outcome. Furthermore, while most misdemeanors are consider minor by the general public, a third or subsequent theft offense can be charged as a felony. You might... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for Georgia on
Q: Can I file suit or bring civil or criminal charges against someone for Parental alienation when my child is an adult?

My adult child is suffering from the parental alienation at the hands of he and Third party alienators. I am mother.

Michael D. Birchmore
Michael D. Birchmore answered on May 19, 2021

No. I am unaware of a cause of action that would allow you to sue for this.

1 Answer | Asked in Criminal Law, Employment Law, Family Law and Domestic Violence for Georgia on
Q: If my dad put a emrgy TPO on me may 3 I went to court yesterday he filed a continuance I askd for a lawyer after he ask

After he asked judge for continuance he asked if the judge could order us to go to counseling? Why would he do all this if he wanted to go to counseling? I've been through and completed counseling/therapy several times and it is not just me that is the problem no matter how many times they... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on May 19, 2021

I’d be happy to answer your question, but I’m not sure what it is. Maybe you would benefit from re-writing it and being more specific to what your question is.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.