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Georgia Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Georgia on
Q: Bond vs probation officer

family member was arrested for DUI. She was on probation for a previous offense (DUI) although it was reduced to reckless driving. Does the probation officer ultimately make the decision on whether the individual is released or not?

Morris  Margulis
Morris Margulis answered on Jan 25, 2022

These are two cases, the new DUI and the old one, and each case gives the government an independent, though related, claim on holding your family member in custody.

On the new DUI, the probation officer cannot prevent a bond from being granted.

On the old DUI/reckless, the probation...
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1 Answer | Asked in Criminal Law and Car Accidents for Georgia on
Q: The person permitted to drive my vehicle was unlicensed and got into an accident. What is the punishment for § 40-5-122?
Morris  Margulis
Morris Margulis answered on Jan 25, 2022

It is a misdemeanor offense, punishable by a maximum of 12 months in custody and a $1,000 fine.

Beyond the criminal penalties, you are also exposed to civil tort liability (a lawsuit) for any injuries or property damage caused by the unlicensed person you permitted to drive your vehicle....
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2 Answers | Asked in Criminal Law for Georgia on
Q: can i be arrested for criminal trespass at my house for beaking a chair because my wife had her boyfriend there.

I came home her boyfriend was there I broke a chair he called the cops and left they arrested me for criminal trespass

Robbie Levin
Robbie Levin answered on Jan 22, 2022

You have asked if you can be arrested for something when you’ve already been arrested for it. So clearly the answer is yes. The real concern is whether you can be convicted. I would need to know more facts about the case, but it sounds like a winnable case for you.

I’d recommend...
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1 Answer | Asked in Criminal Law for Georgia on
Q: I was pulled over with my boyfriend and there was drugs in the car we both went to jail I bonded out will I go to prison
Morris  Margulis
Morris Margulis answered on Jan 14, 2022

If this is your first offense, you are likely not facing prison time, unless there are other aggravating circumstances, such as weapons or significant quantities of the drugs. If you do have some criminal history, the answer will turn on the details of that history - what your past charges were,... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Georgia on
Q: My s/o was picked up on a false warrant ,never had his Miranda rights read to him until after speaking with the d.a

He was also given paperwork to sign without counsel present under the assumption that it was the statement he had just made, but really he had unknowingly signed away his rights... He was incarcerated on 12/30/2021 where he has been held without bond( no bail hearing given) , or evidence,.. the... Read more »

Morris  Margulis
Morris Margulis answered on Jan 14, 2022

He needs to act fast to get Habeas Corpus relief. If he can get out of custody, he will be in a much better position to pursue his other claims involving this experience.

1 Answer | Asked in Criminal Law for Georgia on
Q: how many working lights do you need to on your vehicle?

I had 3 working light, 3 out of 4. I was pulled over for this. is it possible that this was not probable cause to be pulled over

Morris  Margulis
Morris Margulis answered on Jan 13, 2022

Assuming you were not driving a motorcycle, you need at least two working headlights (OCGA 40-8-22) and two working taillights (OCGA 40-8-23).

By driving your vehicle on the roads in violation of these statutes, you are subject to prosecution as a misdemeanor criminal defendant (OCGA...
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2 Answers | Asked in Criminal Law for Georgia on
Q: A person throws a wadded piece of paper striking another in the face. Is that a crime?
William Jaksa
William Jaksa answered on Jan 9, 2022

Its an assault. A simple assault.

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1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Georgia on
Q: If I'm off probation and completed my 1st offenders sentencing successfully does that mean I was discharged by a judge?
Morris  Margulis
Morris Margulis answered on Jan 6, 2022

It should, but you should check with the clerk of the court that sentenced you to first offender probation to be sure.

1 Answer | Asked in Criminal Law for Georgia on
Q: Can probation be reinstated for a probation violation if the pending charges get dismissed?

My husband was arrested last March for family domestic violence, the case was modified and still pending in Murray County. However, he has been a productive citizen, working everyday and doesn't use drugs. However, I am trying to find out how to get him out of Catoosa County jail. His... Read more »

Morris  Margulis
Morris Margulis answered on Jan 6, 2022

As I understand the situation, he was on probation in Catoosa County when he was subsequently charged with criminal conduct in Murray County, and he is now in Catoosa County custody on a probation warrant pending a probation revocation hearing.

If he admits the criminal conduct in Murray...
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2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Georgia on
Q: Its been 32 days since my trial. Can i still file an appeal or motion for new trial? Is it 30 Business days or just 30
Charles William Michaels
Charles William Michaels answered on Jan 5, 2022

First of all, I am not a GA attorney. That being said, if this was a criminal proceeding, you have 30 days from sentencing. Regardless, it's 30 calendar days not 30 business days for an appeal. You could still file a motion for new trial with trial court, however, that motion --generally--will... Read more »

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1 Answer | Asked in Criminal Law for Georgia on
Q: Hi. I have a question... where would be the best place to go and report repeated calling from someone who is harassing?
Morris  Margulis
Morris Margulis answered on Jan 5, 2022

Depending on the severity of the harassment, you can hire an attorney prepare a Cease & Desist, you can file for a restraining order, or you can contact the police.

If the calls are not threatening but merely annoying, consider simply blocking the calls -...
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1 Answer | Asked in Criminal Law for Georgia on
Q: Does my girlfriend need a lawyer and is she going to have to do more jail time?

My girlfriend was intoxicated and arrested for a disorderly conduct charge. She went to jail and was released after her breathalyzer was below the legal limit (4 hours). They handed her a sheet of paper and told her she has to go to court. Now we are just nervous.

Robbie Levin
Robbie Levin answered on Jan 2, 2022

When charged with a crime is it always a good idea to have legal representation. Although the charge may not seem serious, any conviction on your record could cause future problems when trying to get a job or on any type of background check. An attorney may be able help keep your record clean.... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: In jail,, no bond.. Can attorney get judge to grant bond before next hearing

My boyfriend has been in jail for 15 days judge set no bond. We hired an attorney and I was wondering if the attorney could get a judge to grant bond although he previously denied it BEFORE the next hearing or even if the judge would change his mind, Does it have to wait until the next bond hearing

Morris  Margulis
Morris Margulis answered on Dec 30, 2021

The attorney can file either a Motion For Reconsideration or an appeal of the bond decision through Habeas Corpus.

The best approach to take is very fact specific.

1 Answer | Asked in Criminal Law for Georgia on
Q: i have a court with theft y shoplifting on Walmart, i need a good help

actually on process to get a good job

Robbie Levin
Robbie Levin answered on Dec 23, 2021

If your record is relatively clean, a good lawyer can likely keep this off your record as well.

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

2 Answers | Asked in Criminal Law, Domestic Violence, Family Law and Federal Crimes for Georgia on
Q: Can simple battery stop you from owning gun. Not sure if simple battery and domestic battery is the same charge.

I took a plea for simple battery with an ex but not sure it its classified as domestic does the actual word domestic show if its a domestic charge?

Joshua Schiffer
Joshua Schiffer answered on Dec 16, 2021

This is going to require some factual investigation, as the details are SUPER important in this analysis.

IF the conviction was under the Georgia Family Violence Act then a prohibition applies. This does not need to be explicit, however, and, as the prohibition is based on Federal law...
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1 Answer | Asked in Criminal Law and Family Law for Georgia on
Q: Can a magistrate judge file a warrant for me using printed fb comments my wife printed from a fake profile she saidimade

She applied for a warrant and had printed comments from fb that she said I had made during the hearing with no proofimadeit

John Kim
John Kim answered on Dec 15, 2021

If your wife filed for a private warrant application, then you should receive notice of the hearing, where you will have an opportunity to cross-examine any witnesses, view/challenge any evidence, and defend yourself. It is very important that you attend, otherwise it is likely the Court will only... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: How can I get my case,dockets number in Lowndes County so I can file a out of time habeas corpus
John Kim
John Kim answered on Dec 15, 2021

Your best option is to contact either your attorney (if you were represented) or the clerk's office, who can provide you with that information. However, if the statute of limitations has expired, unfortunately, you likely have little recourse to file your writ of habeas corpus. Best of luck.

2 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Can you purchase a firearm with a domestic misdemeanor charge?
John Kim
John Kim answered on Dec 15, 2021

Unfortunately, no. While Georgia law does not explicitly prohibit it, federal law prohibits you for purchasing, possessing, or transporting firearms if you have been convicted of a family violence/domestic misdemeanor. A remedy you may pursue is to seek a pardon from the Georgia Board of Pardons... Read more »

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1 Answer | Asked in Criminal Law for Georgia on
Q: Will you go to jail on theft of property in the fourth degree second offense

Second offense

John Kim
John Kim answered on Dec 15, 2021

If there is an active warrant out for a theft charge, then yes, you will be arrested and booked into the jail. There are many different theft charges in Georgia, both misdemeanors and felonies. There will likewise be many different considerations on whether or not you will have a bond (i.e., if... Read more »

1 Answer | Asked in Criminal Law and White Collar Crime for Georgia on
Q: In Georgia, under OCGA 42-8-38, does Probation begin when a motion challenging the Probationary Sentence is pending?

After servicing the imprisonment portion of the sentence and never reported?

Morris  Margulis
Morris Margulis answered on Dec 15, 2021

A pending motion to modify a criminal sentence (whether in custody or on probation) will not automatically pause that sentence.

You can ask for a supersedeas bond to relieve you of your probation obligations while your motion is pending, but absent relatively extreme circumstances, you are...
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