My previous attorney is no longer practicing and the person I have been corresponding with via email in this office is not giving me any details. Only that she reached out to the ADA. I completed my requirements but Community Service is not releasing me from probation. I'm being told by the PO... View More 
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answered on Sep 27, 2023
I think you need a copy of your case disposition. If your original sentence was that your probation was to be suspended upon completion of those terms, that should be spelled out on the sentence sheet. Your probation officer should have a copy of that document in your file, but if not--you can go... View More
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answered on Sep 27, 2023
First, public defenders are lawyers, the same as private counsel. That being said, unfortunately many public defender officers are under-funded and overwhelmed with work. Your public defender will give your case the minimum amount of attention the law requires, but more than that? That depends... View More
Incarcerated and held for 7 days before Miranda rights were read to him, was walking out of a store when arrested so entrapment Co defendant released by his po because he stated was a wrongful arrest
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answered on Sep 27, 2023
Miranda only applies if the police question you. If you are arrested and they don't mirandaize you before questioning you, then You can challenge the admissibility of those statements.
If you are held for 90 days without indictment, you can file a motion with the court for bond and the... View More
Husband was arrested for aggravated assault/family violence x 4 and Child Cruelty 1st degree x 2 in Georgia. He's 33 and has a small record when it comes to violence. His record was expunged, but i know they can still access those charges. He was arrested for Battery 5 years ago and has a... View More
answered on Sep 25, 2023
A lawyer with mitigation experience and an understanding of DV is going to be able to tell that story well, and that is the key to obtaining the best results. He also has defenses regarding you, his wife, that need to be explored as the State is not going to take it easy on anyone with a prior... View More
My fiancé and I got into a domestic dispute and they arrested me and charged me with battery and put an order of protection in place both of us are ignorant on the law and want the case dismissed we shouldn’t have called the police they just made our already extremely stressful lives so much... View More
answered on Sep 24, 2023
This is a regular and routine issue. The State insists on taking actions against a couple over objection and without having full context.
They are trying to fulfill their mandate of protecting but as is so often the case the Government is not fully appraised of the situation.
Bite... View More
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answered on Sep 23, 2023
When you enter into a negotiated plea on a criminal case, you give up a lot of rights, including the right to contest the charges. You can file an appeal, but appeals are only granted when the petitioner can sufficiently show the court that the plea was either not actually knowingly and... View More
There was a complaint against me for following who I didn’t know was a minor in my neighborhood to find out where they live so the HOA (I was the VP of the board) can issue a violation because they continuously let their dog poop on lawns in the subdivision. It was posted on our community board... View More
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answered on Sep 23, 2023
Can you be charged? Sure. Your situation proved that much. It's also probably enough for a conviction too; obstruction can be proven by showing that an individual willfully ignored a lawful order given by an officer in the course of their conducting of an investigation. Sounds like... View More
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answered on Sep 20, 2023
In Georgia, the Fourth Amendment of the U.S. Constitution ensures protections against unreasonable searches and seizures, which extends to one's home. Police can enter a home to make an arrest under specific conditions. If they possess an arrest warrant and reasonably believe the person is... View More
Can schedule of bonds be used to grant bail for restricted offense? Also, does a judge HAVE to place special conditions in place to protect crime victim? Or is that just a recommendation/suggestion?
answered on Sep 20, 2023
Lots of possibilities, and the answer is Yes. But it ALL Depends on the actual judge involved as that judge can make their own policies regarding what they feel is best when it comes to this issue. Many judges do not trust the sheriffs to pass along info or other notices to defendants, so they... View More
answered on Sep 20, 2023
Prosecutors have immunity for basically everything they do in most states, as long as it is somewhat associated with their job. It is a blank check, in my opinion, and I have as many folks asking how to FORCE the state to charge someone as I do folks wanting the State to Dismiss something.... View More
How likely will i get jail time for contributing to the delinquency of a minor?
My niece was fighting another minor and a video caught me having an argument and i was charged for being there on the scene before the minors started fighting. I never had a charge before
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answered on Sep 13, 2023
Whether or not someone receives jail time for a conviction depends on a variety of conditions, including (but not limited to) the defendant's prior criminal history, the nature of the offense, whether there were injuries to the victims, and if so-the extent of those injuries, the county the... View More
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answered on Sep 11, 2023
In Georgia, the statute of limitations for terroristic threats varies depending on whether the offense is charged as a misdemeanor or a felony. For misdemeanor terroristic threats, the statute of limitations generally extends for two years, meaning charges must be filed within that timeframe.... View More
I had got a fake 100 dollar bill back in change didn't know it until at my work until I payed for my food and 6 days later loss prevention came and forced my in to saying I did it and then had me arrested but I didnt know i was allowed to have a lawyer present because there was no cop present... View More
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answered on Sep 11, 2023
In your case, you found yourself being questioned by loss prevention personnel, not police officers. It is essential to note that loss prevention employees do not have the same obligations as law enforcement officers to inform you of your rights, including your right to an attorney, before... View More
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answered on Sep 10, 2023
That answer depends on several factors. A first time offense is between 2 to 30 years in prison, although that may be probated. Sentencing factors include prior criminal history and which county you are charged in. Criminal sentences can vary substantially from county to county for the same... View More
I was told by the “advocate” at my local solicitor generals office that the solicitor does not have the power to change/add charges. My ex is being tried for FV Simple Battery with previous conviction of FV Battery amongst other violent felonies. Due to him bonding out with no conditions to... View More
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answered on Sep 9, 2023
The solicitor's office does have the authority to add, remove, or modify charges as they see appropriate. It happens all the time.
Furthermore, if they believe a charge should be a felony (such a domestic violence charge for someone who has a prior conviction for domestic violence)-The... View More
My ex filed a false TPO on me , I immediately filed for divorce but the Process and the TPO had my funds frozen forcing me to the verge of bankruptcy...
I didnt have the financial strength to fight her, so i accepted the unfair terms of her lawyers.
The divorce was concluded 2 years... View More
answered on Sep 5, 2023
Your claims against your ex spouse were likely extinguished with the settlement of your divorce case. Typically, marital settlement agreements will explicitly state that it resolves all issues resulting during the marriage between the parties.
My fiance is locked up in fannin county jail. They will not give him a bond
answered on Sep 5, 2023
It appears he has been in for a mintue, and that causes problems as he needs to get in front of the right judge with the right "stuff" having happened in the background. He is due a bond at 90 days if he has not been inicted yet, and if he is indicted he should file with the trial court... View More
Their charges are 16-13-30j and 16-13-32.2
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answered on Sep 3, 2023
Under OCGA 17-4-26, the arresting law enforcement officer has 72 hours to bring the person before a judge for first appearance-assuming the resting officer has a warrant. The 72 hour rule applies even if the arresting officer obtained the warrant after the arrest. It's likely that a charge... View More
Do the penalties get worse for repeat offenses?
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answered on Aug 31, 2023
The Georgia Code says that "no horn or other warning device shall emit an unreasonably loud or harsh sound or a whistle." It does not offer a specific decibel output limit, so it would be up to the judge (or jury) to ultimately decide if the horn is "unreasonably loud or... View More
Convicted of FV Battery 2016
Charged FV Battery 2018- bonded out without appearing in front of superior court judge, no orders put in place to protect victim
Charged FV Simple Battery 2021- same instance as 2018.
(All same victim)
The offender is also on felony... View More
answered on Aug 31, 2023
I would love the answer to make sense, but it wont.
Bonding procedures in Georgia are downright arbitrary, and it seems that the most innocent folks are always being overdetained while the bad folks get cut loose without a care in the world. Its infuriating!!
Have you or the... View More
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