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I was born in 1971 and experienced mental and physical abuse until age 18. I didn't understand at the time that certain actions were legally considered abuse. I'm now considering civil and criminal claims in Georgia, potentially including compensation through property claims. What is the... View More 
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answered on Apr 20, 2025
Unfortunately because these crimes occurred before 1992, the statute of limitations has probably lapsed for doing anything criminally or civilly long ago. However, these kind of cases are legally complex, and specific circumstances can alter the calculation; you would really need to speak with an... View More
I am currently out on bond for a drug charge (possession), and I was recently arrested for speeding and reckless driving. I haven't received a court date yet for the drug charge, nor have I contacted my bond agent. Will this recent arrest violate my bond conditions?
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answered on Apr 12, 2025
When you bonded out for the drug charges, you should have received an order that spelled out all of the conditions of your release. Without actually having a copy of it to review, yes-a new arrest is probably a violation of your conditions of bond.
I own a Glock 17 with a micro conversion kit and a tax stamp for it. In the event that I am not home, can my wife use it for home defense even though she has no formal firearm training? The firearm is kept in a location accessible to her.
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answered on Apr 12, 2025
If you filled out your Form 1 using a trust, and she's part of the trust, then she would be allowed to use the weapon independent of you being there. Otherwise, no one but you may handle or shoot the weapon outside of your presence.
I'm considering modifying my Glock 17 or Glock 48 with a micro conversion kit for self-defense and training at firing ranges. I heard that the ATF may have regulations regarding putting a stock on such kits and shouldering them. Can you clarify the current legality of this modification under... View More
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answered on Apr 12, 2025
You cannot place a stock on a micro conversion kit for a pistol without first filing a Form 1 with the ATF and paying the $200 tax stamp. Once you get approved and the stamp, you can add the stock to it and shoulder it all you like. Remember though that the instant you attach a stock to a pistol,... View More
I have been denied bond in my case. I hired an attorney and am considering filing a rule nisi for bond reconsideration. How can filing a rule nisi help in this situation, and what factors can influence the reconsideration of my bond, given that I've hired legal representation?
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answered on Apr 10, 2025
A Rule NISI is just a form; the judge's office fills it out with the time and date for your motion, and then sends out a copy to both sides so they know when it's scheduled.
The factors that are considered when deciding on whether or not to grant bond are:
1. risk of... View More
I am part of a church where the secretary has been caught stealing over $15,000, according to the church ledger and bank statements. The theft has been ongoing for over 2 years. Although no formal agreement has been made, she has offered to repay part of the money, expecting that we would drop the... View More
answered on Apr 6, 2025
Whatever has happened just becomes part of the case the State will choose either to bring or not bring.
The Police will definitely take a report, and take that report seriously. These are VERY common issues at churches, schools, Greek life, scouts, etc.
The Police just arrest... View More
I am a resident of Georgia and was convicted of misdemeanor criminal trespass with a domestic violence charge over 10 years ago in Chatham County. I am now living in Cobb County. There have been no changes to my conviction status, and I am not facing any other legal issues. I am looking to obtain a... View More
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answered on Apr 5, 2025
Anyone convicted of a domestic violence charge is banned from owning or possessing a firearm as per the Federal statute 18 U.S.C. § 922(g) (aka"the Lautenberg Amendment.")
As long as you have that conviction, you're not going to be able to have one. There may be a long-shot... View More
I am a resident of Georgia and was convicted of misdemeanor criminal trespass with a domestic violence charge over 10 years ago in Chatham County. I am now living in Cobb County. There have been no changes to my conviction status, and I am not facing any other legal issues. I am looking to obtain a... View More
answered on Apr 6, 2025
Glenn is correct and there are limited pathways to re-obtaining your 2nd amendment rights after a DV conviction.
But its a moving target, for sure.
BEST option is to retain a local Cobb person (like me of many others) to try and amend/change/vacate/void the old conviction.... View More
I have a jury trial scheduled for April 7th in Forsyth County, Georgia, regarding 9 counts of theft by taking related to stealing lottery tickets due to my severe gambling addiction. I feel remorseful and want to apologize to my employer. I've applied for indigent defense but was denied due to... View More
answered on Apr 6, 2025
Forsyth is rather strict with some of their interpretations and do not pull punches with prosecutions.
You need to re-apply for indigent defense and document the process thoroughly
There are also a variety of legal service providers for different income levels, and you would be... View More
I paid for a bounced check on March 7, but I have received a mandatory court appearance notice. Why do I still need to appear in court, and what could be the possible legal implications or charges involved?
answered on Mar 25, 2025
It depends what type of summons you received. There could be civil or criminal hearing. Civil just means they want more money. If you already paid everything back then you don't have anything to worry about. Criminal hearing could be a fine, probation, or jail time. It just depends on the... View More
My son is being accused of a crime committed when he was a teenager. Recently, at age 19, he was brought in by police for questioning. He informed the detective that he would not speak without his lawyer present, and his lawyer was already in contact with the office. Regardless, the officer claimed... View More
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answered on Mar 25, 2025
It very well could be. If the questioning and the demanding of the cell phone password occurred after your son invoked his right to counsel, then it's potentially a violation of his 5th and 6th Amendment rights. However, an experienced attorney would need to review the evidence before drawing... View More
I was a passenger in a vehicle that was pulled over for reckless driving. During a search, drugs were found under the driver's seat, but I had no knowledge of them. Both the driver and I were charged with possession and trafficking after the driver refused to claim ownership. I was detained... View More
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answered on Mar 24, 2025
I want to be straight with you--this isn't something you should be asking questions on the web about and then trying to navigate yourself. This is serious, serious business! Trafficking sentences carry mandatory jail time, and it cannot be suspended-that means the judge HAS to send you to... View More
I am scheduled for my first court appearance next week for a DUI, hit and run, and failure to maintain lane charges. I received a notice saying the case will be called for a Motion to Nolle Prosequi, and I have the option to waive my appearance. What does this motion mean for my case, and what... View More
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answered on Mar 24, 2025
A "Motion to Nolle Prosequi" is the fancy legal term for the state moving to dismiss your case. It means that they don't intend to pursue the charges against you. They have to put it down for hearing, because it gives you the opportunity to object if you wanted to (for some reason.)... View More
I am trying to file a civil claim related to an assault by a coworker in Fulton County, GA, with the intention of pressing charges. A police report has already been filed, and I know the coworker's full name and place of employment, but I do not have their date of birth or address. How can I... View More
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answered on Mar 6, 2025
You need to go down to the Fulton County courthouse and fill out a "Warrant Application Form." The fee is $20. The office is file the form is located in the Carnes Building, 160 Pryor Street, Room J150. You have to fill out the form, then go next door to the accounting office in the... View More
I am involved in a criminal case where the judge, who has continued the case for three years with no end in sight, is friends with the opposing side. We have pictures of them together at a Braves game. Formal motions for recusal have been filed, and there is a hearing scheduled for tomorrow. How... View More
answered on Mar 3, 2025
Judges are to ensure fairness and stay away from the appearance of impropriety. If you are the defendant and you feel like the Judge's behavior has been unfairly prejudicial, you are right to raise the concern. However, most lawyers and judges know each other and often know each other very... View More
Is it legal for me, as a 20-year-old, to have a handgun that is legally registered to my 22-year-old spouse in our car if we live in the same household in Georgia, and the gun will remain in the vehicle when in use?
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answered on Feb 27, 2025
No, unless perhaps the gun is secured in a locked safe that you do not have access to. While you are driving a motor vehicle, under the law you have possession, access and control of any items also found in that car. So while you may not "own" the gun, you are "possessing" it... View More
I am still in love with my husband but his infidelity has caused us to move forward in separation and divorce, his mistress have been recording mine and my husbands conversations and she is helping him to build a case against me. There is nothing that I did to end this marriage except for not... View More
answered on Mar 3, 2025
Before a court will award you the marital residence they will consider if you can afford the mortgage, if there is a mortgage or a loan on the home, and if there is no mortgage, they will consider all relevant factors to determine whether to award you the residence, including the length of the... View More
answered on Feb 7, 2025
You need to reach out to the GCIC department over at the GBI and get them to correct the inaccuracies. https://gbi.georgia.gov/georgia-crime-information-center
Erroneous information will cause major headaches for the rest of your life as Authorities basically "trust" the GCIC... View More
Family member is having severe pains, unable to use the bathroom properly and he has reached out for help but no help.
answered on Feb 7, 2025
The BEST thing you can do is advocate with the prison as well as the GA DOC and your local elected representatives until you get a response. BE SURE to record as much as possible and communicate in WRITING. The Prison has duties and they sadly only fulfull them when there is a record showing how... View More
The accused has been charged since the initial bail hearing but does not have a court date. Can his lawyer file a motion for a second hearing?
answered on Feb 7, 2025
Depending on the charge, the First Appearance Judge may not have had the ability to grant a bond, or they could have just declined.
Regardless, the lawyer should be able to file for the proper hearing in front of then proper judge immediately, and then it is all about getting the person on... View More
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