Georgia Criminal Law Questions & Answers

Q: My Child is missing and kidnapped by the other parent. I need an attorney who can file a 24 h emergency hearin

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Georgia on
Answered on Mar 23, 2019
Regina Irene Edwards' answer
If the child has actually been kidnapped, then the police should be contacted. If it is a simple custody dispute, you need to contact an attorney.

Q: Son accused of child molestation and has to find an atty. He was granted a continuance. How long does he have?

1 Answer | Asked in Criminal Law for Georgia on
Answered on Mar 17, 2019
Robbie Levin's answer
Normally a continuance is for about a month. You should hire an attorney ASAP so that the attorney has time to prepare.

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

Q: Can you be convicted of driving on suspended license if you were not aware they were suspended?

1 Answer | Asked in Traffic Tickets and Criminal Law for Georgia on
Answered on Mar 14, 2019
Holly G Chapman's answer
In Georgia, to prove driving while license suspended (O.C.G.A. 40-5-121) at trial, the prosecutor do have to show that the accused had actual OR legal notice of the suspension. Although you may not have actually known that your license was suspended, that doesn't mean you didn't have legal notice. You should contact a criminal defense attorney so that they can help you sort through the specific facts that apply in your case to see you if you may have a viable defense.

Q: My aunt has been charged with battery & exploitation with intent to harm an elderly. She says she's innocent

1 Answer | Asked in Criminal Law, Elder Law and Health Care Law for Georgia on
Answered on Mar 13, 2019
Robbie Levin's answer
Contact a criminal defense attorney ASAP. It is probably best to hire one who practices law in or near the county where the charges occurred.

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

Q: What happens If your charged with aggravated assault and the person who pressed the charges no longer want to proceed

1 Answer | Asked in Criminal Law for Georgia on
Answered on Mar 11, 2019
Robbie Levin's answer
It is not up to the victim to decide whether to continue prosecuting you. Aggravated Assault is a very serious charge, and the district attorney is not likely to just dismiss the charge unless there is compelling evidence that you did not commit the offense. You should hire an attorney ASAP.

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

Q: Can police search your home before you are presented with copy or proof search warrant, how long can they detain someone

1 Answer | Asked in Criminal Law for Georgia on
Answered on Mar 11, 2019
Ecleynne Mercy's answer
The notice requirement for a law enforcement officer entering an occupied residence for the purpose of executing a search warrant may be dispensed with by a no-knock provision in the warrant or by the presence of exigent (emergency) circumstances. Police can execute the search warrant at the residence without announcing their presence, when there is a “no-knock” provision.

U.S.C.A. Const.Amend. 4; West's Ga.Code Ann. § 17-5-27.

Poole v. State, 266 Ga. App. 113, 596 S.E.2d...

Q: In the State of Georgia, would having multiple felonies disqualify you from becoming a Medical Assistant?

1 Answer | Asked in Criminal Law for Georgia on
Answered on Mar 11, 2019
Ecleynne Mercy's answer
Generally, individuals who have been found guilty of a felony, pleaded guilty to a felony, or had a professional license, registration, or certification denied, revoked, suspended, or subjected to probationary conditions by a regulatory authority or certification board are not eligible for the CMA (AAMA) Exam. However, the Certifying Board may grant a waiver based upon mitigating circumstances. If you wish to request that the Certifying Board permit you to take the test, you must submit a...

Q: So if I accidentally hit and knocked down my exes mailbox. I knew I bumped something but at 1st thought it was the curb.

1 Answer | Asked in Criminal Law, Car Accidents, Domestic Violence and Federal Crimes for Georgia on
Answered on Mar 11, 2019
Ecleynne Mercy's answer
Accident is a defense to criminal charges but the attorney will need more information to see if that would be a viable defense in your particular case. Now the fact that it's your"exes" mailbox may pose a little bit of an issue (especilly if you don't live close by)

Q: is it legal to buy CBD (Hemp) oil THC FREE online and have it shipped to my home if I live in Georgia?

1 Answer | Asked in Criminal Law, DUI / DWI, Agricultural Law and Environmental for Georgia on
Answered on Mar 8, 2019
Ecleynne Mercy's answer
The Georgia House just approved a bill that would allow medical marijuana oil to be sold to registered patients, giving them a legal way to obtain a drug that they’re already allowed to use.

https://www.ajc.com/news/state--regional-govt--politics/medical-marijuana-dispensaries-bill-passes-georgia-house/TiRIqJOF7ogWvhe8sK0JaO/

Q: How to write a letter to the superior court in Gainesville Ga. To get my rifles back they were seized in a drug related

1 Answer | Asked in Criminal Law for Georgia on
Answered on Mar 8, 2019
Ecleynne Mercy's answer
Get an attorney to make a motion on your behalf. DO NOT WRITE A LETTER!!!! There may be time limit issues and evidence issues that may need to be addressed. An attorney will be able to get your assets and protect you from incriminating yourself.

Q: Is it legal in mobile alabama to have to submit to a DNA sample for a 2nd degree marijuana charge and pistol without

1 Answer | Asked in Criminal Law for Georgia on
Answered on Mar 8, 2019
Ecleynne Mercy's answer
This section is for criminal law questions in Georgia. Please remit this question to the Alabama section to have access to attorneys who primarily practice in that state of Alabama.

Q: How to go about writing a letter to the superior court.under the O.C.G.A 9-16-12

1 Answer | Asked in Criminal Law for Georgia on
Answered on Mar 8, 2019
Ecleynne Mercy's answer
DO NOT WRITE A LETTER!!! You are not an attorney and you may be putting your self in danger of getting more charges or volunteering important information. Please get an attorney and do NOT write a letter please. DO NOT WRITE A LETTER!!!!!!!!

Q: Can state use testimony or statement from protective order to bring criminal charges in later date?

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Answered on Mar 8, 2019
Ecleynne Mercy's answer
Testimony given as a witness at another hearing of the same or a different proceeding, or in a deposition taken in compliance with law in the course of the same or another proceeding, if the party against whom the testimony is now offered, or, in a civil proceeding, a predecessor in interest, had an opportunity and similar motive to develop the testimony by direct, cross, or redirect examination. If deposition testimony is admissible under either the rules stated in Code Section 9-11-32 or this...

Q: If a person was on the first defendant and they violate his probation cuz she sent him to prison for 7 years

1 Answer | Asked in Criminal Law for Georgia on
Answered on Mar 8, 2019
Ecleynne Mercy's answer
I need so much more information to answer this question.

Q: I want to know why is it that a child can be lying and is known thought out the family that she lies,then what

1 Answer | Asked in Criminal Law for Georgia on
Answered on Mar 8, 2019
Ecleynne Mercy's answer
There are ways to address the credibility of child witnesses. The first way is NOT to start off with the statement that this child is LYING. A seasoned attorney has all the information and tools to effectively address the credibility of an alleged victim.

Q: $2,045.34 in rent paid by my debit card. Only had $1,820.28 available-Leaving a deficit of $225.06. Is this criminal?

1 Answer | Asked in Criminal Law, Banking, Collections and Landlord - Tenant for Georgia on
Answered on Mar 8, 2019
Ecleynne Mercy's answer
In Order to answer this Question, the attorney will need to see the actual Lease and any conversations you have with the landlord. It may be in your best interest to talk to an attorney to see what provisions are in your lease.

Q: What would it take to keep my daughter from going prison on theft by deception and prior petty theft all below hundred

1 Answer | Asked in Criminal Law for Georgia on
Answered on Mar 8, 2019
Ecleynne Mercy's answer
You will need so much more information to answer that question. Like Who, What, where, Why, When and How the Prosecutor is charging your daughter. You will need to hire an attorney to decide the steps you want to take.

Q: What would you be looking at for possession of illegal weapon?

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Answered on Mar 8, 2019
Ecleynne Mercy's answer
Possession of Illegal Weapon - TRANSLATION - 1st Time- 5 years in Prison

A person commits the offense of unlawful possession of firearms or weapons when he or she knowingly has in his or her possession any sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer, and, upon conviction thereof, he or she shall be punished by IMPRISONMENT for a period of FIVE years.

OCGA § 16-11-123

Possession with Intent ( Marijuana) TRANSLATION - 1st time - 1-...

Q: A friend was charged with possession. I paid half of his bond. He had probation hold. Can i come off of bond?

1 Answer | Asked in Criminal Law for Georgia on
Answered on Mar 8, 2019
Ecleynne Mercy's answer
To surrender or cancel a bail bond, the co-signer needs to meet with the bail bond company. The company will require documentation to cancel the bond and may ask for the reason behind its surrender. Generally speaking, the primary reasons behind the surrender of most bonds are concerns related to the defendant not showing up for court, as well as the resulting expenses and the cost of the potential forfeiture of the bond.

The paperwork will include the release of any liens placed if...

Q: If I miss my court date, do I have to serve time in jail?

1 Answer | Asked in Criminal Law for Georgia on
Answered on Mar 5, 2019
Robbie Levin's answer
If you missed your court date, it is likely that a bench warrant was issued for your arrest. An attorney may be able to help reset your court date and get the bench warrant rescinded.

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

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