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Georgia Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Georgia on
Q: My fiance was arrested on 1-31 and still hasn't had his case heard before a grand jury. 90 days will be Sunday.

Because of being arrested on these new charges they have also charged him with probation violation. Is he still eligible for a 90 day bond? GA code 17-7-50

Jermario L Davis
Jermario L Davis
answered on Apr 29, 2022

Based on the information that you provided, he would be entitled to a 90-day bond. However, this does not mean that he will automatically be given a bond. His attorney would need to file a petition for bond and argue to the court that he meets the requirements of 17-7-50.

In regards to...
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1 Answer | Asked in Criminal Law for Georgia on
Q: What determines how much time you serve if the sentence is ran concurrent
Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Apr 26, 2022

If you have two sentences running concurrently and one is for a longer period than the other, the longer period is what guides the sentencing . For example, if one charge carries a sentence for 6 months and the other charge carries a sentence for 9 months and the Judge orders them to run... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: Hi I wanted to know how can I get into another program for mental health on felony probation without going to jail
Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Apr 26, 2022

This answer depends on how long you have been on probation, what types of violation(s) you received, as well as the recommendation of the State/Probation Officer. Often, before a Court determines whether a program is a more appropriate placement than jail/prison, they will consider any number of... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: I have a new misdemeanor charge and I am on feliny probation. Will I have to go to jail for an extensive amount of time?
Joshua Schiffer
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Joshua Schiffer
answered on Apr 19, 2022

All going to depend on the circumstances. The mere arrest can be a violation of your probation and that exposes you to a revocation. If it is First Offender probation that adds an additional layer of complexity as you can be resentenced under the original max.

You should acquire a...
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2 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: My wife took out a TPO against me and then contacted me by text..What can I do..??
Joshua Schiffer
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Joshua Schiffer
answered on Apr 19, 2022

Be careful, thats what you can do. Even when she solicits contact, ANY violation of the TPO can justify an arrest or violation. Thats one of the big issues with these orders. No matter her intention, the cops are going to do what the document tells them too.

You need to get a local...
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1 Answer | Asked in Criminal Law and Personal Injury for Georgia on
Q: Can you take photos of physical evidence and don't have the physical evidence to present in trial but use the photos?

Is that considered fabricated evidence? Is that withholding exculpatory evidence by the state?

Tim Akpinar
Tim Akpinar
answered on Apr 18, 2022

A Georgia attorney could advise best, but your question remains open for a week. Your question straddles several major categories, and I can only speak for CIVIL practice, since you include Personal Injury as a category. In civil proceedings, this is commonly done - photographs of vehicle damage... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: I have a new misdemeanor charge and I am on feliny probation. Will I have to go to jail for an extensive amount of time?
Zachary Taylor Beck
Zachary Taylor Beck
answered on Apr 18, 2022

It will depend on the specific facts of your case such as the nature of the new misdemeanor charge, if you had violated your parole at a previous time, etc. The judge will have the discretion to make you serve the remainder of your parole in jail or prison.

1 Answer | Asked in Criminal Law for Georgia on
Q: a guy buys a girl a car for cash and puts it only in her name can he charge her with theft if they breakup?
Zachary Taylor Beck
Zachary Taylor Beck
answered on Apr 14, 2022

Based on the limited information provided, no. If the vehicle title is in the girl's name it is not theft, she is the legal owner. The fact that the guy purchased the vehicle is likely immaterial because he, assuming voluntarily, put it in the girl's name. This transaction seems like a... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Georgia on
Q: We are under investigation by the FBI and department of veteran affairs for fraud - no charges yet - what should we do?

GI BILL program fraud 85/15 rule - business raided this morning and evidence collected - the owner paid a man to be the expert liason for the program which she knew little about and he submitted false documents to her which he assured her was how it was supposed to be done and she signed them and... Read more »

Zachary Taylor Beck
Zachary Taylor Beck
answered on Apr 14, 2022

Hire an experienced criminal defense lawyer and do not answer any of the investigators questions.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: Can a un indicted accomplice who didn't see the actual crime be exempt by the hearsay exemption rule?
Zachary Taylor Beck
Zachary Taylor Beck
answered on Apr 12, 2022

Need more facts to answer this question. The hearsay evidentiary rule excludes out of court statements that are offered to prove the truth of whatever it asserts. If the un-indicted accomplice is available to testify, then he/she can testify, to an extent and subject to many evidentiary objections,... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: If i hire a lawyer in Ga and i feel he isn't doing his job can i fire him and also get my money back?
Zachary Taylor Beck
Zachary Taylor Beck
answered on Apr 12, 2022

Look to the retention agreement between you and your lawyer.

2 Answers | Asked in Criminal Law for Georgia on
Q: Is there a statchue of limitations in GA for crossing guard lines
Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Apr 12, 2022

There is a statute of limitations on most crimes in Georgia. However, in order to determine the exact date, the statute runs, a person would need more information to fully answer this question.

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1 Answer | Asked in Criminal Law and DUI / DWI for Georgia on
Q: Can an ROR bond that is correctly followed keep me from going to jail after my court date?
Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Apr 12, 2022

It is always helpful to show the Court that you have been compliant with previous bond conditions, however, jail time is usually related to a person's criminal history, the severity of the charges, and whether a victim is involved.

1 Answer | Asked in Criminal Law for Georgia on
Q: Can the responding officer file a criminal trespass charge for the victims after they have written their statements

The victims were under the influence that they had filed the charges with the officers

Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Apr 12, 2022

Yes, an officer can always seek out warrants or arrest someone for any charge he/she believes there is a probable cause.

1 Answer | Asked in Criminal Law for Georgia on
Q: Can you go to jail in Gainesville GA for pan handling
Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Apr 12, 2022

Panhandling is considered a misdemeanor and can be charged as a state offense, county ordinance, or city ordinance, depending on where a person receives the citation. Yes, a person can be incarcerated for panhandling, however, the maximum sentence is twelve months in jail.

1 Answer | Asked in Criminal Law for Georgia on
Q: If my case shows closed and inactive why am I on probation still In Georgia

Also after going thru my files it said I did a 310B guilty plea what is that and also my last revocation wasn’t scanned like previous sentences

Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Apr 12, 2022

You need to contact your probation officer. Often, clients think their case is closed because "time ran out", however, if you did not pay all fines/fees, complete special conditions, or got new charges, your probation officer could have asked the court to pause the time on your case. That... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: My criminal defense attorney has just been appointed as district attorney. Trying to find out what I need to do now.
Zachary Taylor Beck
Zachary Taylor Beck
answered on Apr 5, 2022

If the case(s) the newly appointed D.A. represented you in is still pending, then you need to hire a new attorney and file a motion for the newly appointed D.A. to recuse himself/herself from participation in prosecuting your case. Further, If the new attorney can argue that recusal is insufficient... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: What does accusation/indictment warrant mean
Zachary Taylor Beck
Zachary Taylor Beck
answered on Apr 1, 2022

An accusation is when the prosecutor, after an arrest by an officer who believed probable cause existed for said arrest, reviews the facts and determines if the officer was correct that probable cause existed for arrest of the specific crime(s) the officer thought appropriate. At that point, the... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: If I got incorrect dates on the search warrant, and the case notes that officer turn is that a ground for reverses
Zachary Taylor Beck
Zachary Taylor Beck
answered on Mar 31, 2022

Generally, if the officer merely got the dates wrong that would not be grounds for invalidating the search warrant. Without knowing all the facts of your specific case, generally the wrong date will likely be deemed a "typographical error" and the warrant will be valid. While Georgia does... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: Hello, my son was questioned by police/investigator on sending nude pics on snap chat to a 16 year old. My son is 31.

This was a year and a half ago. He did not intimidate her pursue her in anyway. She also sent pictures. They let him go and did not arrest him. Will they make a case and arrest him in the future?

Zachary Taylor Beck
Zachary Taylor Beck
answered on Mar 31, 2022

The short answer is the D.A. could pursue charges in the future. Generally speaking, less serious crimes against minors have a statute of limitations of 7 years from the date of the commission of the crime. Thus, count 7 years from the last time your son sent a nude photo of himself to the 16 year... Read more »

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