Georgia Criminal Law Questions & Answers

Q: After being convicted of theft by deception can I obtain a firearm

1 Answer | Asked in Criminal Law for Georgia on
Answered on Jan 16, 2019
David Edward Boyle's answer
Not if the theft was a felony.

Q: can an old case from almost 14 years ago be use in a new felony case?

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Answered on Jan 16, 2019
Alexia Dawn Davis' answer
Evidence from old cases can sometimes be used to establish certain elements in a current case. The rules of evidence related to similar transactions or prior bad acts are very specific. The guidance of a knowledgeable attorney is important to ensure that the evidence is not improperly admitted before a jury.

Q: How should I plead to criminal trespassing busted-up girlfriends windshield and worth the severity of it

1 Answer | Asked in Criminal Law for Georgia on
Answered on Jan 14, 2019
David Edward Boyle's answer
Criminal trespass is a misdemeanor offense. It involves damaging someone else's property in an amount less than $500.

Q: I have a question if my husband is convicted of child malestation, sexual battery of a minor under 16 what would be the

1 Answer | Asked in Criminal Law for Georgia on
Answered on Jan 14, 2019
David Edward Boyle's answer
You did not finish your question. Child molestation is a felony punishable from 5- 20 years, Sexual battery upon a person under 16 years of age is a felony punishable up to 5 years.

Q: If you are charged with 3 possession charges & only plead guilty to 2 are they able to be combined as one plea?

2 Answers | Asked in Criminal Law and Federal Crimes for Georgia on
Answered on Jan 14, 2019
David Edward Boyle's answer
You can often resolve guilty pleas on multiple cases to run concurrent, that is at the same time, to avoid additional confinement time. I would encourage him to hire a lawyer.

Q: Is affray a crime of moral turpitude?

1 Answer | Asked in Criminal Law for Georgia on
Answered on Jan 14, 2019
David Edward Boyle's answer
No, affray is a not a crime involving moral turpitude.

Q: Is publics asstiance fraud a felony

1 Answer | Asked in Small Claims and Criminal Law for Georgia on
Answered on Jan 14, 2019
David Edward Boyle's answer
It can be depending on how much money has been unlawfully taken.

Q: I want to become a private detective, but it says I must have no misdemeanors that involve moral turpitude?

1 Answer | Asked in Criminal Law for Georgia on
Answered on Jan 14, 2019
David Edward Boyle's answer
Affray is not a crime involving moral turpitude (think lying, deceit, and dishonest type crimes), you should be fine.

Q: Should I have an attorney present on a shoplifting case and how much would it be?

1 Answer | Asked in Criminal Law for Georgia on
Answered on Jan 14, 2019
David Edward Boyle's answer
If facing criminal charges you should have a lawyer. Most criminal defense lawyers will provide a free consultation to discuss your case, review any defenses and to explain ways to keep this off your record. Once it is on your record it never goes away.

Q: Is affray a crime of moral turpitude?

1 Answer | Asked in Criminal Law for Georgia on
Answered on Jan 13, 2019
Kelli Y Allen's answer
"Crime of moral turpitude" (CIMT) is an immigration law concept. While the immigration statutes give examples of offenses that constitute CIMTs, it requires an examination of the specific criminal statute under which someone is charged. An affray statute could be written so that it is basically the equivalent of simple assault, In that case, it is probably not CIMT. If it is the equivalent of stalking, or a serious assault, it well could be considered a CIMT. If you have been charged with...

Q: I busted my girls windshield police came arrested me for criminal trespassing would like some advice

1 Answer | Asked in Criminal Law for Georgia on
Answered on Jan 10, 2019
David Edward Boyle's answer
I would suggest paying the restitution for the windshield and hoping the prosecutor will dismiss or offer pretrial diversion.

Q: If a jailer is caught with contraband inside of a county jail what could be the outcome for that jailer?

1 Answer | Asked in Criminal Law for Georgia on
Answered on Jan 9, 2019
David Edward Boyle's answer
Felony violation of oath of office. Loss of job and loss of POST certification.

Q: If someone was pulled over for invalid insurance and the car is searched is it in miscible if there was insurance on it.

1 Answer | Asked in Criminal Law for Georgia on
Answered on Jan 8, 2019
David Edward Boyle's answer
I am not sure of your question. Is the fact that the car had insurance admissible? Of course if you are charged with no insurance you can present evidence of actual insurance as a defense to the charge by obtaining proof from your insurance provider.

Q: I was charged with and when the cops came he still had the gun in his hands told me was his but he charged me how can he

1 Answer | Asked in Criminal Law for Georgia on
Answered on Jan 8, 2019
David Edward Boyle's answer
You did not mention what you were charged with. If it involved a firearm I would strongly encourage you to hire a lawyer to represent you.

Q: Does the Supreme Court of Georgia view a motion to dismiss for speedy trial as cutting off the right to full discovery?

1 Answer | Asked in Criminal Law for Georgia on
Answered on Jan 8, 2019
David Edward Boyle's answer
No, filing of speedy trial demand does not suspend the accused right to obtain discovery.

Q: if your charged w/ guns & drugs found in a vehicle which you are not in nor belongs to you, what’s your best defense?

1 Answer | Asked in Criminal Law for Georgia on
Answered on Jan 8, 2019
David Edward Boyle's answer
A question like this is difficult to answer with that limited amount of information. If the search of the vehicle was unlawful then the guns and drugs would be suppressed and there would be no evidence ce to convict either of them. I would encourage you to hire an attorney to fully investigate the case on his behalf.

Q: My daughter had a gun point at her with a threat to kill her

2 Answers | Asked in Criminal Law and Civil Rights for Georgia on
Answered on Jan 7, 2019
Robbie Levin's answer
Scary... hope she’s ok!

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

Q: When an officer put the blue light on you and you are afraid to stop until you feel safe,but you are only going 20mph.

1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Answered on Jan 6, 2019
David Edward Boyle's answer
They can charge you but that does not mean there is evidence to convict you. Hire a lawyer.

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