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Georgia Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: felony probation and arrested for family violence simple battery bond out and then go to jail for vop. PO took 60 days

Will I get the 2 for 1 days at the county jail that offers this aminety. How do I make sure I am getting thr 2 for 1

Joshua Schiffer
Joshua Schiffer
answered on Aug 30, 2024

2 for 1 on county time is 100% up to the sheriff, and they can basically do what they want within reason as Glenn said. Most counties follow the general rule and WILL NOT commit themselves to anything in writing so they can retain flexibility.

That being said, a good lawyer can ensure...
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2 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: felony probation and arrested for family violence simple battery bond out and then go to jail for vop. PO took 60 days

Will I get the 2 for 1 days at the county jail that offers this aminety. How do I make sure I am getting thr 2 for 1

Glenn T. Stern
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answered on Aug 29, 2024

There is no statewide or statutory role that people get two for one credit at a local jail. What does that happens is entirely up to the sheriff's department. You can always call the jail and ask them what their policy is, but it is unlikely that they will commit themselves by telling you... View More

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2 Answers | Asked in Criminal Law and Constitutional Law for Georgia on
Q: Is there a difference if I were charged with 16-5-70(a) but indicated on 16-5-70(b)
John Kim
John Kim
answered on Aug 15, 2024

Yes, legally there is a difference, since (a) and (b) under the statute have different elements for cruelty to children in the first degree. Once you are arrested, the prosecutor evaluates the evidence to determine how and what charges you are indicted for. Afterwards, the indictment is the formal... View More

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1 Answer | Asked in Criminal Law for Georgia on
Q: I was sentenced to No Early Termination of Probation in Georgia. Is that set in stone? Or is there still a chance
John Kim
John Kim
answered on Aug 15, 2024

It depends. You can always petition/motion the Court to terminate your probation early. The chances of prevailing will depend on several factors, including the circumstances that led to your "no early termination" condition (i.e., was it a "standard" condition outlined in your... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: The Paul Erlinger vs the United States case involving Armed Career Criminals case , How does it help a person in prison

And is it retroactive for inmates in prison right now?

James L. Arrasmith
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answered on Jul 21, 2024

The Paul Erlinger vs. the United States case is significant for inmates because it addresses the application of the Armed Career Criminal Act (ACCA). If the court rules in favor of Erlinger, it could mean a re-evaluation of what qualifies as a prior violent felony under the ACCA. This might reduce... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Georgia on
Q: the police came in my house said he had a serch warrant i never saw i went to the clerk she said none on file can i su

can i do something about also the DAHas false statements on my crimenal back ground

James L. Arrasmith
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answered on Jul 21, 2024

If the police entered your house without showing a search warrant, you may have grounds to challenge the legality of their actions. Start by documenting everything that happened, including the names of the officers, the date, and the time of the incident. Visit the clerk’s office again to confirm... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Georgia on
Q: I need to file a lawsuit against a police officer for illegal search and seisure

He came in my door didn't knock had his gun pointed at me ànd told me to put my hands behind my back so I did he said he had a search warrant but I never saw one so when I got out of jail i. Went to the clerk of court and ask for a copy of it she said there were none on file

James L. Arrasmith
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answered on Jul 21, 2024

You have the right to seek legal action against the police officer for an illegal search and seizure. If the officer did not present a search warrant, and the clerk of court confirmed there is no record of one, this could indicate a violation of your Fourth Amendment rights. Document every detail... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: I refunded $600 worth of money from my job I paid $400 back but if I don’t have $200 by Friday they will issue a warrant

If this is my first offense how long will I be charged for $200

Jermario L Davis
Jermario L Davis
answered on Jun 26, 2024

Assuming you are charged with something (not enough information to say), and this is your first offense, with the assistance of counsel, you would likely avoid jail time and could possibly have the charge(s) dismissed. Theft charges are typically misdemeanors if the value of the item allegedly... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: The Judge in ...County jail the prosecuting atty reduced felony to misdemeanor and set bond $1000 but Bond is $1300

All agreed to reduce Bond to $1000 from $2630, felony reduce to misdemeanor. When paperwork came through Bond is $1300 and felony second degree still on record, what happened?

Jermario L Davis
Jermario L Davis
answered on Jun 25, 2024

You may want to speak with the attorneys involved in the matter. All answers on this cite will be guesswork. Here's my take: The $1300 likely represents the $1000 bond plus surcharges which typically hover around 30%. As such, $1300 would be the correct amount. In terms of the reduced... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: Will I go to jail the same day I refuse to sign probation documents if I wanted some time before signing?

If I wanted to consider the documents I will be signing and put off signing for a week, will those in charge of my probation refuse to allow that? They won't permit me to see the documents I will sign ahead of time so I'm going in there blind. Will they just throw me in jail? If so, will... View More

Glenn T. Stern
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answered on Jun 16, 2024

You didn't say what the nature of the documents are, but it sounds like you are already on probation; you must remember that probation is an alternative to incarceration that the court has granted you-you aren't entitled to it, and it can be revoked and they can just send you to jail.... View More

1 Answer | Asked in Civil Rights and Criminal Law for Georgia on
Q: Can police issue a search warrant on you (home, vehicle, person, anything) for a positive drug test?

Can police issue a search warrant on you (home, vehicle, person, anything) for a positive drug test?

As another question, can they search if you admit to using drugs in the past or are proven to be high?

James L. Arrasmith
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answered on Jun 15, 2024

For the police to issue a search warrant for your home, vehicle, or person, they generally need probable cause. A positive drug test alone may not be sufficient to obtain a search warrant. Probable cause requires more substantial evidence that suggests illegal activity is occurring or that evidence... View More

2 Answers | Asked in Criminal Law and Family Law for Georgia on
Q: Does a judge read the discovery papers on a case.
Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 14, 2024

No, discovery responses are to be served on the party who sent them to you. The judge never goes through discovery in a case. You may be able to introduce things you obtained in discovery before the Court, provided you follow the rules of evidence. But discovery is never produced to the judge... View More

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1 Answer | Asked in Criminal Law for Georgia on
Q: So I have a friend that was arrested for two convicted felon with a fire arm and meth charge can he get a bond
Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Jun 12, 2024

While the initial judge may not give your friend a bond based on his criminal record, an attorney can petition the court to reconsider whether to grant bond. His new charges are eligible for bond, it will just take the right lawyer to convince to prosecutor to arrive at a bond agreement or the... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: A Friend was recently charged with possession of methamphetamines, but not drug related object so I was just curious

Would you be charged with possession of methamphetamines or drug related object if meth pipe is found in your possession with meth inside the bowl? not residue

Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Jun 12, 2024

Hi, the officer always has discretion as to the type of charges he or she wants to bring, so in the situation you described, it sounds like your friend was charged with the more serious offense (possession of methamphetamines) and not the misdemeanor (use or possession of drug related objects).

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Georgia on
Q: If someone gets re-arrested and already has a recent mugshot that still is accurate, do you have to take a new mugshot?

If a criminal who has had a prior mugshot recently, and has underwent no change in physical appearance, gets arrested, do you have to take a new mugshot? Or can they use a previous mugshot if the person looks the same?

James L. Arrasmith
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answered on Jun 10, 2024

When someone is re-arrested, it is standard procedure to take a new mugshot, even if their appearance has not changed since the last arrest. This ensures that the most recent and accurate photograph is on file for identification and legal records.

Mugshots are part of the booking process...
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1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: If you are given a promissory note, and pay the agreed amount within the given time, what will happen?

Someone was accused of "stealing" at the company that they worked for, when in reality, they did not know that what they were doing was considered stealing. They were exchanging items, by returning one previously bought item and obtaining another item. They got caught and received a... View More

James L. Arrasmith
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answered on Jun 3, 2024

If you pay the agreed amount on a promissory note within the given time, it typically means you have fulfilled your obligation. Once the payment is made, the matter should be resolved from a financial standpoint. Make sure to get a receipt or confirmation that the payment was received to avoid any... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: In Georgia (Bartow County) can someone be arrested ONE WEEK after the crime?!?!
Glenn T. Stern
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answered on May 29, 2024

Absolutely!

For misdemeanors, the state has up to two years from the date of the offense to charge someone with a crime. For felonies (depending on the nature of the crime) that timeline can be anywhere from 4 years from the date of the event to forever. Some charges (like murder) can...
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1 Answer | Asked in Criminal Law for Georgia on
Q: Can someone be arrested a week later for a crime someone else is already in jail for?!?!?

Someone was arrested in my aunt's house for meth, they had it on them but once police entered the home they threw onto floor in my cousin's room. That person was arrested for prior charges and that meth charge, exactly a week later they return to my aunt's home and arrest my cousin... View More

Glenn T. Stern
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answered on May 29, 2024

Yes two different people could be arrested for one amount of drugs. The police only need probable cause to arrest someone, which is a very low standard of proof. Whether or not there is enough evidence to convict your cousin for possessing the meth is an entirely different matter. To do that, the... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: Is it considering a terroristic threat or a threat if you tell someone you will put voodoo on them or their family
James L. Arrasmith
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answered on May 28, 2024

Making a statement about putting voodoo on someone or their family can be considered a threat, depending on the context and how the recipient perceives it. If the person feels genuinely afraid or intimidated, it could potentially be seen as a threat.

It's important to understand that...
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1 Answer | Asked in DUI / DWI and Criminal Law for Georgia on
Q: i got a citation for my coworker's weed that he had in his car and his bowl. is there anyway to avoid punishment?

on the ticket it says i was a passenger, and the owner of the weed is not going to be at the court date. its less than an ounce of marijuana. what should i do in this situation? i just got my car running and i dont wanna get my license suspended or serve probation. it was a running car parked in... View More

John Kim
John Kim
answered on May 24, 2024

This is a question best asked to a criminal defense attorney, who can investigate further into the specific details of your case. Possession of marijuana (less than an ounce) is a misdemeanor in Georgia, punishable up to 12 months in jail and/or $1,000 fine. In addition, it can trigger an automatic... View More

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