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Georgia Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Georgia on
Q: If you are licensed to carry in ga and you point a gun at someone and they take a warrant do you automatically do time
Cory D. Raines
Cory D. Raines answered on Oct 12, 2021

This question is vague and without more cannot be adequately answered. However, licensed or not you do have the right to protect yourself from imminent threats of harm or danger posed by others. Specifically, under Georgia law, you may stand your ground and use reasonable force to defend yourself... Read more »

3 Answers | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Georgia on
Q: My husband is keeping our son from me. He kicked me out. I'm worried. He is an addict and criminal with records of both.

My husband and I are looking to get divorced. I am being told that I am kicked out of the house I have been in with him for 8 years now and that he is not allowing me to take our son. My husband is a very bad person who has been in trouble with the law his entire life. He is an addict meth. He has... Read more »

Joshua Schiffer
Joshua Schiffer answered on Oct 12, 2021

I am so sorry to hear about your struggle, and luckily the pathway has an easy first step. Rather than a Criminal Defense lawyer you need to make an appointment with a qualified Family Lawyer to start the separation/divorce process. There are tools in that process to specifically address the... Read more »

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1 Answer | Asked in Criminal Law and DUI / DWI for Georgia on
Q: How do I get alcohol test results from my case . before court .
Anthony Kozycki
Anthony Kozycki answered on Sep 30, 2021

Your attorney needs to file a discovery request.

1 Answer | Asked in Criminal Law for Georgia on
Q: Somebody is texting me saying I've done something and they've talked to a detective... I think I need a lawyer
Joshua Schiffer
Joshua Schiffer answered on Sep 27, 2021

Well... there are lots of scams as well. Local law enforcement can assist you in getting the bottom of if this is a scam or not. We see "fakers" try to manipulate people all the time by trying to scare them. Dont be a victim! Legit law enforcement generally has a dim view of folks... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: Can arrested still be on records even if it was dismissed and still after two years???

I was once arrested in Fort Stewart, GA but the case was dismissed. I have 3 background checks currently pending, my Secret clearance, Security G license, and to background for my weapon. Is this possible after two years to be on my records?

Jermario L Davis
Jermario L Davis answered on Sep 24, 2021

The short answer is yes. Often times when this happens, you must file a petition to restrict/expunge the arrest. Now that the laws have been changed, when a case is dismissed, the restriction is usually automatic. However, if you have an older arrest from several years ago, it may still show.

1 Answer | Asked in Criminal Law for Georgia on
Q: If on felony probation and I get a new charge, can I get a bond?
Jermario L Davis
Jermario L Davis answered on Sep 24, 2021

There is no law that states that you may not receive a bond if on felony probation at the time of the new charge. In my experience, many judges will place emphasis on the new charge. Specifically, whether it is a felony or misdemeanor. Also, many magistrates will deny bond as a matter of course... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Would't this be a simple way of saying the child was stolen by father and he has paid some very powerful people?
Joshua Schiffer
Joshua Schiffer answered on Sep 20, 2021

I am sorry, but it appears some of your question was cut off. Please resubmit.

1 Answer | Asked in Criminal Law, Business Law and White Collar Crime for Georgia on
Q: Is it legal for A to sign B's name (in A's handwriting) on a legally significant document & without permission from B?

Later, B is held accountable for the accounting errors in the letter, even though A crafted and signed, and sent the letter without B's permission or knowledge.

Is the significance of the offense increased if this behavior is repeated over and over without permission or knowledge of B?

Joseph Abrams
Joseph Abrams answered on Sep 17, 2021

What you describe would be considered forgery in most jurisdictions, which often can be filed as either a misdemeanor or felony. Yes, generally speaking, repeated conduct can result in additional counts and/or be considered an aggravating sentencing factor.

- Law Office of Joseph Abrams,...
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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Georgia on
Q: My lawyer didn't tell me I had ten days to motion for reconsideration with the appeal court.

he said I need to get another attorney cause he doesn't like losing I only had two days left after he informed me that he wouldn't be handling my case cause he doesn't have time, I found out online that my case had been affirmed.

Charles William Michaels
Charles William Michaels answered on Sep 15, 2021

I'm sorry, but what is your question?

1 Answer | Asked in Criminal Law and Juvenile Law for Georgia on
Q: 16 year old is being accused of being an accessory to armed robbery. Is there any way we can get her out of county?

She was accused to be with a boy that is 18 and committed armed robbery. She was taken to Fulton county juvenile detention center, they may try her as an adult and we are unsure of what to do.

Robbie Levin
Robbie Levin answered on Sep 8, 2021

It may be possible to get her a bond. You need to hire an attorney ASAP.

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

-Law Office of Robbie M. Levin

Robbie@LevinLawyerGa.com

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Municipal Law for Georgia on
Q: She got into a altercation with a minor wasn't aware of her age no injuries we're sustained but it's a possible video

Don't know if the parents are pressing charges & for the moment she is in jail and bond is posted and already had a court appearance but asked for a court appointed lawyer & he hasn't showed nor called her & the charges she have is Aggravated assault (Felony) Cruelty to... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Sep 7, 2021

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.

1 Answer | Asked in Criminal Law for Georgia on
Q: I got a 7 year old felony fleeing and eluding charge i got in Michigan im in Georgia and i want to own guns to hunt

And teach my kids how to protect them selfs i was 18 and just young and dumb

Joshua Schiffer
Joshua Schiffer answered on Aug 26, 2021

Reach out to Matt Kilgo, he does a lot of that kind of work. Tell him I sent you please.

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Georgia on
Q: Can I ask to see the evidence on my first court appearance?

The officer claims he found 6 roaches in my floor board, however I asked to see WHAT he found but he only explained WHERE he found them. I know for sure I vacuumed my vehicle out the previous day.

Joshua Schiffer
Joshua Schiffer answered on Aug 26, 2021

Not really as First Appearance is VERY limited in scope. You get to see the charges as presented to the court through the initial warrant or UTC. They check your criminal history, confirm some stuff, and can set a bond on many charges (not all). There is not a place for you to contest anything... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: I was arrested for criminal trespassing and am out on bond. I don't want to go back to jail, what is going to happen?

I broke the windshield of my exs car from the inside, I had my feet up on dash and was in pain due to a tooth infection, we were sitting in front of an urgent care. She was yelling in my ear and out of frustration and desperation I kicked the windshield without thought I had no intention of... Read more »

Joshua Schiffer
Joshua Schiffer answered on Aug 26, 2021

Good news is that if the putative vicim is cooperative and the restitution has been made, I bet most prosecutors will work this out. As long as you follow the rules of bond you should be in good shape. Dont hesitate to ask for the public defender if you want some guidance, as the State may be... Read more »

2 Answers | Asked in Criminal Law, Legal Malpractice and Municipal Law for Georgia on
Q: how much would it cost me if you got my dads case file?
Robbie Levin
Robbie Levin answered on Aug 26, 2021

I'm not sure what you mean by getting your dad's case file. Is it hidden somewhere, and you need someone to find it? Please give additional information as to what you are trying to accomplish.

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

-Law Office of...
Read more »

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2 Answers | Asked in Criminal Law and Civil Litigation for Georgia on
Q: My son (14 yrs) got an Xbox from a friend of his. I got rid of it. I'm I going to jail?

Xbox is not allowed at my house. I gave my son everyday for a week to give it back or get rid of it. He refused and 1st said he bought it then it was given to him. I contacted the police they said I had the right to get rid of anything that I feel is not good for my child. When he plays he gets... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Aug 25, 2021

It seems like the child gave your child a gift and you threw it away. However, hiring an attorney is more expensive than an xbox, so if you want the problem over and behind you, buy a new xbox and give it to the child's mother.

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1 Answer | Asked in Criminal Law for Georgia on
Q: No-contact TPO and Bond condition with the petitioner. The petitioner vacated the order, can I file a bond modification

If the defendant has a No-contact TPO and a no-contact bond order, and if the petitioner successfully vacated the TPO, would it also affect the Bond conditions and if not, can I file a motion to modify to remove the no-contact bond order based solely on the vacated TPO?

Jermario L Davis
Jermario L Davis answered on Aug 21, 2021

The TPO and the bond order are separate and stand on their own. As such, even if the TPO is vacated, the bond order would still be applicable. You can request a bond modification but I would recommend that you produce more evidence/argument in favor of the modification. Simply basing the... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: A wife finds a video and her husband’s password Protected email account. Is that admissible in a criminal trial?

This is a criminal offense

Anthony Kozycki
Anthony Kozycki answered on Aug 19, 2021

There are specific protections that relate to married couples providing testimony against their spouse in criminal trails. From your question, it appears your are asking about evidence that was discovered by the spouse, and not necessarily testimony. It would be best to call an attorney to go over... Read more »

1 Answer | Asked in Criminal Law and Libel & Slander for Georgia on
Q: If someone comes on my property with intent to harm after sending death threats online to me, my S.O. and my mother,

Is it legal to shoot them on my property.

Be informed also that they've harassed me for 6+ years, stalked me by befriending my friends to gain info on me, and have taken to slandering my name.

Anthony Kozycki
Anthony Kozycki answered on Aug 19, 2021

I would recommend seeking a protective order. The legal system has affirmative ways you can protect yourself and your family.

1 Answer | Asked in Criminal Law for Georgia on
Q: Why did they tolled my time then months later they reactivated my probated sentence so what should I do
Anthony Kozycki
Anthony Kozycki answered on Aug 19, 2021

Unfortunately, this will depend on the specifics of your case. Give an criminal defense attorney a call so you can go over the details and determine what your options are.

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