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Georgia Criminal Law Questions & Answers

1 Answer | Asked in Criminal Law and Juvenile Law for Georgia on

Q: What happens if a child lies to a officer in a statement about something that was recorded on camera

To The Child

Gary Kollin answered on Sep 14, 2019

To the child?

To the case?

1 Answer | Asked in Criminal Law for Georgia on

Q: How can the use of pepper spray be aggravated assault?

Robbie Levin answered on Sep 11, 2019

It is legal to use pepper spray in self defense if justified. If it is used offensively to attack someone it would likely be considered an assault and/or battery case. Aggravated Assault requires a showing that the act was “likely to cause death or serious bodily harm”. That could be tough... Read more »

1 Answer | Asked in Family Law and Criminal Law for Georgia on

Q: HOW DO I GO ABOUT GETTING LEGAL AID FOR MY HUSBAND WHO IS LOCKED UP IN ROCKDALE COUNTY? 2ND DEGREE BATTERY

MY HUSBAND IS INCARCERATED IN ROCKDALE COUNTY JAIL FOR 2ND DEGREE BATTERY. THIS IS HIS 4 FAMILY DOMESTIC. THEY DID NOT GIVE HIM A BOND AND SAID IT COULD BE 6 MONTHS BEFORE HE WENT UP FOR BOND AGAIN UNLESS HE HAD AN ATTORNEY REQUESTING A BOND HEARING. PLEASE HELP

Homer P Jordan IV answered on Sep 9, 2019

You could contact the Legal Aid office, or call the State Bar to see if there are any pro bono attorneys in your area who would take the case. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

1 Answer | Asked in Criminal Law for Georgia on

Q: can a first offender buy a gun in GA after the probation period is over. Has been 40 yrs ago

I was convicted of 3 counts of entering an auto in the state of GA. Sentenced to 3 years first offenders probation and completed the sentence. Was 40 years ago. Can I buy a firearm?

Holly G Chapman answered on Sep 6, 2019

If you were sentenced under the First Offender Act in Georgia and successfully completed it, you were never convicted of a felony. Although people may not possess guns during the pendency of their First Offender sentences, their civil rights and liberties are not impacted by cases discharged under... Read more »

2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Georgia on

Q: How do I explain this on application/says have you ever been convicted of a crime other than minor driving violations

It was categorized as a misdemeanor and not a possession charge. I pled the first offender act Because I Don’t plan on ever getting arrested again.I live in Georgia it’s supposed to be sealed, but I don’t think it is. So I’m just wondering how I approach this question on the application for... Read more »

Brandon Alexander Thomas answered on Sep 5, 2019

A plea under the first offender act is not a conviction, because there is no adjudication of guilt. So you can honestly say you have no convictions.

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2 Answers | Asked in Criminal Law for Georgia on

Q: I have a no contact order and not allowed at my house, the notice of arraignment was sent to my house. is this grounds

for a motion to dismiss

Robbie Levin answered on Sep 5, 2019

No. You should update your address with the court and the bonding company.

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

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1 Answer | Asked in Criminal Law and Traffic Tickets for Georgia on

Q: How do I not go to jail if I missed my 1st court date for a felony alluding charge

I was charged with alluding the police in speeds excess of a 120 miles an hour and I have miss my 1st preliminary court date there is currently a warrant for my arrest how do I avoid going to jail

Robbie Levin answered on Sep 4, 2019

Hire a lawyer. It is possible a lawyer can get the warrant lifted.

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

1 Answer | Asked in Criminal Law for Georgia on

Q: Can or will Georgia extradite me for a fleeting felony charge

Was give a ticket for fleeing and placed on a 5,000 bond

Gary Kollin answered on Sep 4, 2019

There is no eay yo say eith certainty

3 Answers | Asked in Domestic Violence, Criminal Law and Family Law for Georgia on

Q: Can I request a restraining order be removed so my son who was charged with criminal trespassing can come home?

He busted a window at our home and was charged with criminal trespassing.

Regina Irene Edwards answered on Sep 4, 2019

Yes, You can file for a Temporary Protective Order (TPO) in the county where you live.

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1 Answer | Asked in Criminal Law for Georgia on

Q: Can a felony charge be reduced to a misdemeanor charge?

I was arrested on the 16th of this month for 3 counts of identity theft fraud. A bond was set for me before I was even booked into the jail and I was out the next day. The people who filed the police report (family) have hired an attorney on my behalf, because of what they heard my sentence could... Read more »

Gary Kollin answered on Sep 3, 2019

You have an attorney to consult with

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Litigation for Georgia on

Q: Can I file a claim for being incarcerated for a fraudulent indictment

Will a attorney take my case if I have strong grounds for a law suit claim

Gary Kollin answered on Aug 31, 2019

Only one way to find out. Consult a lawyer directly

1 Answer | Asked in Criminal Law for Georgia on

Q: Is it legal for a parol officer in Georgia to put a person in jail without reading the miranda rights nor handcuffed

Gary Kollin answered on Aug 30, 2019

The necessity of reading Miranda is an urban legend. Miranda only has to be read if the arrested is questioned

2 Answers | Asked in Criminal Law, Family Law, Civil Rights and Domestic Violence for Georgia on

Q: Good Morning, I have questions about facebook messages I have been receiving from an unwanted source.

This person has been texting me on Facebook messenger for several weeks. I have asked them to leave me alone and it has not stopped. This person is also reaching out to my spouse with the intentions on creating havoc in our household. She calls his job, text his phone, and also reaching out to... Read more »

Regina Irene Edwards answered on Aug 28, 2019

You can block people on facebook. If your husband feels he is being stalked, he can apply for a protective order.

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2 Answers | Asked in Criminal Law for Georgia on

Q: I was requested to come speak to an investigator about an allegation that I may have assaulted someone. Should I speak

To them without an attorney present. If I go up there and then choose to not answer any questions they will arrest me anyway I feel. I have not been charged there is no warrant yet.

Gary Kollin answered on Aug 27, 2019

Never walk into the den of the lion without a lawyer

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1 Answer | Asked in Criminal Law for Georgia on

Q: My husband lawyer is ignoring all communication. He is paid in full. Has not seen my husband in 5 months?

He will not return calls. My husband was scheduled for court on the 23rd. And his lawyer did not let him know his case was passed what can I do. He is a paid in full attorney?

Robbie Levin answered on Aug 27, 2019

If you can’t get your current lawyer to respond, you should hire a different lawyer. Send your lawyer a certified letter to dismiss him, and ask him to return any unearned portion of money paid.

Then hire another lawyer because it is likely that a warrant has been issued if no one...
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1 Answer | Asked in Criminal Law for Georgia on

Q: Terroristic threats is level 3 in georgia. Is it considered a voilent crime?

Brandon Alexander Thomas answered on Aug 25, 2019

In Georgia, terroristic threats is a felony.

2 Answers | Asked in Criminal Law for Georgia on

Q: I have a question about breaking and entering an automobile

Gary Kollin answered on Aug 24, 2019

Thank you for sharing about your curiosity

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1 Answer | Asked in Criminal Law and DUI / DWI for Georgia on

Q: Will I serve jail time for a felony warrant driving while intoxicated 12 years ago?

I have a felony warrant issued for failure to appear in Lake County court Indiana in 2007. I just found out three weeks ago. It was driving while intoxicated and I was doing community service and a bench warrant was issued for failure to appear after I moved back to Ga. I thought my community... Read more »

Ecleynne Mercy answered on Aug 23, 2019

You need to seek help from an attorney licensed in Indiana.

1 Answer | Asked in Criminal Law for Georgia on

Q: is it a felony to give false information to police officer to avoid being served with a prior warrant?

Served four days in jail for criminal impersonation in 2009. Was living in Tennessee at the time and failed to appear

Ecleynne Mercy answered on Aug 23, 2019

A person who gives a false name, address, or date of birth to a law enforcement officer in the lawful discharge of his official duties with the intent of misleading the officer as to his identity or birthdate is guilty of a misdemeanor.

Ga. Code Ann. § 16-10-25

1 Answer | Asked in Criminal Law for Georgia on

Q: Fiance was convicted of theft by rec stolen property, bought at pawn shop. How can he be convicted when he didnt know

Fiance was convicted of theft by rec stolen property, that he bought at a local pawn shop. How can he be convicted when he didnt know it was stolen? It was purchased from a place of business. He was already on parole for a prior conviction.

Ecleynne Mercy answered on Aug 23, 2019

He needs to fight the case.

Proof of possession, alone, of recently stolen property, is not sufficient to establish the essential element of the offense of theft by receiving stolen property that the possessor knew or should have known that the property was stolen. West's Ga.Code Ann. §...
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