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Georgia Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Georgia on
Q: Can you be charged with drug possession if nothing was found on you and the other person claims it

I was charged with possession and intent when I was just at the Scene to receive money I’d given somebody to help them get their lights cut back on they told the officer that the drugs on them when they got to the Scene were there’s they never found anything on me They even wrote out a sworn... Read more »

Jermario L Davis
Jermario L Davis answered on Aug 17, 2021

People are arrested just about every day for being at the wrong place at the wrong time. Based on the facts that you provided, it sounds like you have a valid defense. That being said, specific details surrounding your presence will play a big role in determining whether the state moves forward... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: Officers tried to arrest the wrong person

At a private family gathering, officers approached a family member and with force, tried to arrest him. Without explaining why he was being arrested, he acted in self-defense and hit the officer trying to arrest him. During the incident, the accuser told another officer that was the wrong guy they... Read more »

Jermario L Davis
Jermario L Davis answered on Aug 17, 2021

A suspect does have a legal right to stop an unlawful arrest. He/she is only allowed to use the amount of force being used against them. As such, this becomes a very fact specific argument for the defense. If the amount of force used was more than necessary, then the charge(s) could hold up. In... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: How can you beat this knowing that your innocent and what to do when they charge you two times with the came charge ?
Joshua Schiffer
Joshua Schiffer answered on Aug 17, 2021

Trial is the ultimate answer for wrongful allegations. If the State cannot carry their burden the jury is instructed to acquit. Most of the time the State will drop cases before trial unless they are certain they are gonna win. Get a LOCAL lawyer and they will walk you through how they handle... Read more »

2 Answers | Asked in Criminal Law and Constitutional Law for Georgia on
Q: I am wondering about 4th Amendment rights.

I was stopped for not having on my selt belt. The officer asked for my license which I gave him. He then went to his car and ran my license. It came back expired by one month. He asked if I knew about it I said no and he handed me back my license. He then when to another officer and was speaking to... Read more »

Joshua Schiffer
Joshua Schiffer answered on Aug 17, 2021

Sounds like a standard fishing expedition and you need to get a lawyer to file a motion to suppress.

The cops are allowed to intercept folks if they have probable cause that a crime is occurring (seat belt) and then commonly use that as an entry point for additional investigation. It is...
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1 Answer | Asked in Criminal Law and Personal Injury for Georgia on
Q: Can i press charges on someone who assaulted me while i was pregnant? I have pictures and videos proving it happened

i ended up having my baby at 26 weeks; she stayed in the NICU for 2 months and just came home a week ago.. i couldn’t press charges earlier due to my situation and being back and forth to the hospital but i do have evidence of the fight and a video of them saying they’d kill my baby .. I want... Read more »

Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 16, 2021

It sounds like your primary question is how to start a criminal proceeding against the individual that assaulted you. For that you will just need to call the police and file a report. The criminal proceeding should take off from there.

If you are wanting to start a civil proceeding for...
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2 Answers | Asked in Domestic Violence and Criminal Law for Georgia on
Q: What is a typical bond set for first time offender of battery-FVA?
Joshua Schiffer
Joshua Schiffer answered on Aug 16, 2021

If the person has a clean record, generally a couple thousand. The Special Conditions are what really matter though, as courts generally default to the most "safe" option of "No Further Contact" with the putative victim. That is where the big problems start as it creates a... Read more »

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2 Answers | Asked in Criminal Law and Traffic Tickets for Georgia on
Q: Is the state required to submit all body cam and dash cam evidence in the discovery?

What was categorized as a traffic stop was really an investigation. Allegations of a traffic violation could not be substantiated. Further allegations during the traffic stop stated that drugs were found in plain view but those allegations are unsubstantiated as well. Even during a sentencing... Read more »

Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 10, 2021

If exculpatory evidence exists the prosecutor is under an ethical duty to turn over that evidence.

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1 Answer | Asked in Criminal Law for Georgia on
Q: Does it apply to someone under the influence?

I received obstruction

William Jaksa
William Jaksa answered on Aug 9, 2021

Absolutely. Always. Imagine if that was a defense for all criminal charges?

1 Answer | Asked in Criminal Law and Identity Theft for Georgia on
Q: I have a warrent for identity theft If its my 2nd charge and I'm not on probation can i get a bond

If I pay the card ofd then turn myself in will it help

Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 9, 2021

It will be up to the discretion of a judge if they permit bond. However, your alleged crime is not one that poses substantial risk of physical harm to others, so it is likely they would let you bond out, unless you have prior charges other than identity theft.

With regard to turning...
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1 Answer | Asked in Adoption, Civil Rights, Elder Law and Criminal Law for Georgia on
Q: Can you sue the poor? How do you prove emotional trauma?

I’m a 20 yr old adult looking to sue my biological family for manipulating and controlling my adoptive mother along with the emotional trauma they have caused. It’s gotten to the point where her marriage is in danger and she often chooses my biological family over us. They’ve become so... Read more »

Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 6, 2021

There is a lot to unpack in this question. First, you are not able to bring a lawsuit on behalf of another unless they are a minor over which you have custody, or they are incompetent to bring a suit on their own for some other reason and you are the guardian, custodian, or have a power of attorney... Read more »

1 Answer | Asked in Criminal Law and Animal / Dog Law for Georgia on
Q: Predator chased 2 horses, jumped fence ran into highway, killed, no injury , moderste auto damage what's my best options

Gates were locked. Fence made from approved height specs for horses. Added electric was up and secure across top food water hay available. Ran in front of car killed one injured euthanized other. No bodily injury to driver, moderate vehicle damage . Cited 2 counts of animal at large. Whitfield... Read more »

Joshua Schiffer
Joshua Schiffer answered on Jul 31, 2021

I advise working out restitution with the owner of the damaged property and then asking them to support you in requesting. dismissal of the charges. You appeared to act reasonably and accidents happen. At the same time there is strict liability in most animal ownership issues. I imagine,... Read more »

2 Answers | Asked in Family Law and Criminal Law for Georgia on
Q: Can a defendant’s testimony be null and void if the defendant is under guardianship due to actions before court

I recently testified in court for a restraining order on late July and got the order extended due to admitting guilt. The guardianship was recommended by the police to my mother on early May due to many encounters with them. My parents are now planning to file guardianship over me and my question... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jul 29, 2021

There are too many moving parts to your question which prevents us from providing a satisfactory response for you. It sounds like you will need to speak with a criminal defense attorney or just wait and see what your situation is after the guardianship question has been decided.

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1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: My son is 30. He was accused by his girl friend of terroristic threats and he had a firearm when he was arrested.

He is a convicted felon. He has a prior conviction of battery or domestic violence. What should I expect? He is in custody in Alpharetta, GA.

Joshua Schiffer
Joshua Schiffer answered on Jul 27, 2021

Big time gonna need a lawyer. Is he still in the Alpharetta annex or did they transfer him to the Rice Street Jail? He is going to likely get a bond but the Poss of Firearm by Conv Felon is arguably worse than the new Terroristic Threats. Much stiffer penalty.

My direct email is...
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1 Answer | Asked in Criminal Law for Georgia on
Q: If your at a house that gets raided an they find drugs in the house but not on you are they supposed to arrests you
Jermario L Davis
Jermario L Davis answered on Jul 16, 2021

The short answer is that, presence alone (inside of a house that is raided) is not enough for an arrest. Officers are required to have reason to believe that the defendant had access to and the ability to exercise control over the drugs that were found. As such, the circumstances surrounding the... Read more »

1 Answer | Asked in Civil Litigation and Criminal Law for Georgia on
Q: Where can I find extensive information on writ of habeas corpus. Everything I found so far is directing me to West law

I don't need West law. I need other resources not just scanty information and cases. Thanks

Michael D. Birchmore
Michael D. Birchmore answered on Jul 15, 2021

I'm not really sure what to tell you. Westlaw basically has a monopoly on all written material regarding legal issues. You might try reading the United States Code (Federal statutes). Still, statutes are interpreted by the courts on a daily basis. As courts write opinions (rulings), the... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: What is a typical sentence for a simple 16-8-2 theft under 100 dollars

Would there be a ticket involved or would there be time? I just am curious

Jermario L Davis
Jermario L Davis answered on Jul 14, 2021

Typical depends on which jurisdiction you are charged in and your criminal history. Assuming that you have no history, you could be looking at pretrial diversion. Pretrial diversion might include fines, community service, and a theft seminar. On the other hand, a misdemeanor theft could be... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: Misdemeanor shoplifting from employer who allowed employees to have tab.i quit and got charged .i shouldn't be convicted
Ellaretha Coleman
Ellaretha Coleman answered on Jul 12, 2021

There are not enough facts included in your request to give an accurate response.

3 Answers | Asked in Criminal Law, Divorce and Immigration Law for Georgia on
Q: Can the following message from my wife be considered extortion?

You don't know! This is going to be my lat talk to you, do not ask me any more, I need 2 thousand dollars to pay the hospital and the anesthesia, if you don't guive to me I'm done with you at this I you not look back, think and like I said , I need the money not good talking, only... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jul 6, 2021

No.

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1 Answer | Asked in Criminal Law for Georgia on
Q: If my ex girlfriend and her husband want to help me get my aggravated assault charge dismissed what should they do?

I was just charged with aggravated assault battery and elder abuse. The victims were my ex girlfriend who’s is 40 and her husband who is now 78. They both attacked me at once and wouldn’t let me leave the house the police came and arrested me they took pictures of her neck and pictures of her... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jun 23, 2021

Since you have an attorney, you should speak to your attorney about this, or perhaps just copy and paste your post on this site and send it to your attorney. He's representing you, and is responsible for planning your defense---the information you have posted is good information for him and... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: Can a person be charged with shop lifting if they never left the store
Boe Lynn Bowen
Boe Lynn Bowen answered on Jun 16, 2021

Varies by state and judge. In short charged yes, found guilty maybe/depends.

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