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Georgia Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Estate Planning, Family Law and Tax Law for Georgia on
Q: How can I find out if I’m a beneficiary to multi investment accounts from my deceased grandma…

I speculated my grandmas original will was swapped for a forged one reflecting my mom as the sole beneficiary and there’s nothing that I could do unless I had the original will, which I did not…

So my mom never informed the brokerage companies of my grandma death nor put it in probate.... View More

James L. Arrasmith
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answered on Jan 26, 2024

I'm sorry for your difficult situation. There are a few options to determine if you are still a designated beneficiary on any of your deceased grandmother's investment accounts:

1) Contact each investment firm directly (e.g. bank, brokerage, etc) providing copies of the death...
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3 Answers | Asked in Child Custody, Criminal Law and Family Law for Georgia on
Q: Can a GAL, testify in court if he have not completed his investigation or even spoken with the child repenting?

The GAL, was appointed at a contempt hearing. The contempt was not charged, an agreement was made with both parties. Two weeks later the child came forward with allegations of being molested by her father, therefore the mother stopped abiding the new agreement. After 2 months or more with the fact... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 26, 2024

The parties are allowed to cross examine the GAL and ask any questions they think are relevant to said testimony or the case. If you felt like steps were not taken that the GAL should have taken, that was your opportunity to ask those questions and have the Court hear those answers. But yes, the... View More

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1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: "When possession of a firearms is not charged in a indictment for a felony murder case is that a indictment error?

The case is a felony murder that is based on party to the crime not being charged on the indictment with possession of a firearm but the principle defendant was. Can other felonies on the indictment be legit when a essential element is missing from the defendants indictment. The grand jury's... View More

James L. Arrasmith
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answered on Jan 23, 2024

In a criminal case, the specifics of the indictment are critical. In Georgia, for a felony murder charge, the indictment needs to detail the underlying felony that led to the murder. If the underlying felony involves the use of a firearm, this typically needs to be specified in the indictment,... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Georgia on
Q: How do you move for a dismissal in Georgia? There are a ton of reasons why my case should be dismissed...but no motion?

Reasons for dismissal include the fact that there wasn't sufficient grounds to bound over the charges to begin with, fabricated, and falsified police reports glaringly ovbious in the inconsistencies, officer lied in the police repiort, said he checked cameras but store owner testimony is that... View More

James L. Arrasmith
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answered on Jan 21, 2024

To move for a dismissal in Georgia, you need to file a motion to dismiss in the court where your case is being heard. This motion should clearly outline the legal and factual reasons why you believe the case against you should be dismissed. Given the complexities you've described, including... View More

1 Answer | Asked in Family Law, Domestic Violence, Federal Crimes, White Collar Crime and Criminal Law for Georgia on
Q: I saw pattern organized crime from now ex boyfriend & his dad. They targeted, recruit, drug dealers, White cc/ embezzle

Hx of killing, stealing, play victim social psycho criminal narc. Locked me up as escapgoat, to throw sherriff off them I witness to much. My now ex boyfriend threatened to kill me and his son. I was told my ex boyfriend is reason; his son in prison and my (ex boyfr) threatening to kill his son... View More

James L. Arrasmith
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answered on Jan 21, 2024

I understand that you're in a difficult and potentially dangerous situation involving organized crime and threats. If you have credible information about criminal activities, your safety and the safety of others are of utmost importance.

In cases where someone in prison faces threats,...
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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Georgia on
Q: Is a judge allowed to force me to represent myself pro se even though I am indigent because my appointed lawyer quit

codef repsntd by PD's office, i was conflicted out- great relationship, negotiated agreement w/ DA- dismissal if codef admit ownership at plea entry. 5mos past and discovery was not made available. eventually attny withdraw b/c state failed to pay for services. -11mos no new appointed attny.... View More

James L. Arrasmith
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answered on Jan 21, 2024

You have the right to legal representation, especially if you are indigent and facing criminal charges. If your appointed attorney quits, the court is generally responsible for appointing a new attorney to represent you. It's unusual and potentially a violation of your rights for a judge to... View More

1 Answer | Asked in Constitutional Law and Criminal Law for Georgia on
Q: If it is proven that an officer lies in their police report, what can that mean for the asst charges/search/evidence?

a crash the officer said if they could find any survalievce that showed we were lying they would put out a warrant for our arrest (i was a licensed driver and not at fault, but the person who ws actually driving had a suspended license) i left the parking lot and before the light turned green they... View More

James L. Arrasmith
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answered on Jan 21, 2024

In Georgia, if it's proven that an officer lied in their police report, this can have significant implications for your case. The credibility of the officer becomes a critical issue, and it could lead to challenges against the charges, the search, and the admissibility of any evidence obtained... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: How long can a person be held in a county jail on an out if state warrant. No charges in current state being held.
James L. Arrasmith
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answered on Jan 14, 2024

The duration for which a person can be held in a county jail on an out-of-state warrant depends on several factors, including the nature of the warrant and the policies of the states involved. Generally, the holding period is intended to allow enough time for the requesting state to initiate... View More

1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: If someone gets arrested in Gwinnett county, Georgia and Thay get arrested for attempting to cash a check that apparentl

Wasn’t a good check how can they give 6 fraud in 3rd- degree felony charges and 3 criminal attempt to cash felony charges for one time incident how does that happen? A total of 9 felonies was issued, and the person wasn’t aware that the check was fraudulent or not. But once again, that’s one... View More

James L. Arrasmith
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answered on Jan 13, 2024

In criminal law, it's not uncommon for multiple charges to arise from a single incident. Each charge represents a different aspect of the alleged offense. In the case of attempting to cash a fraudulent check, different charges could stem from various legal interpretations of the act.... View More

2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for Georgia on
Q: If I was arrested in Gwinnett county and I checked In with a cell phone the officers asked me my screen lock and

Searched my phone and then once bailed it was not returned to me nor was any warrant issued. Wouldn’t that be theft?

Glenn T. Stern
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answered on Jan 11, 2024

It sounds more like the police believe there is evidence of a crime on your phone, and they are holding it to potentially use it against you (or another) for that reason in court. Unless the prosecutors make a motion to forfeit the phone-it should be returned to you at the conclusion of your case.... View More

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2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for Georgia on
Q: If I was arrested in Gwinnett county and I checked In with a cell phone the officers asked me my screen lock and

Searched my phone and then once bailed it was not returned to me nor was any warrant issued. Wouldn’t that be theft?

James L. Arrasmith
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answered on Jan 11, 2024

In your situation, where your cell phone was taken by the police during an arrest and not returned, several legal issues are raised. First, it's important to understand that law enforcement has certain protocols for seizing property during an arrest. However, there should be a clear process... View More

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1 Answer | Asked in Criminal Law for Georgia on
Q: (Subpoena for Attendance of Witnesses) 1) Can you decline a subpoena in Georgia? 2) Can you testify in secret?

If a person is afraid because of possible retaliation can they testify outside of the visibility of the people in the courtroom?

The concern is because of the type of issue, offense and people involved.

Lynne Fleming
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answered on Jan 10, 2024

No, you cannot disregard a subpoena. The court can and will hold a witness in contempt for violating a court order or subpoena to attend.

Also, pursuant to the Constitution, a defendant has the right confront or to look a testifying witness in the eye and cross exam him or her, so no you...
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2 Answers | Asked in Criminal Law and Civil Rights for Georgia on
Q: How long can a county hold you in jail for a FTA warrent?

My friend has been in jail since the 19th of Dec for a FTA warrent he didn't know he had, so he was arrested and taken to clinch county, due to the storm yesterday they canceled court, and now they won't see anyone until Feb. He also has a hold for another county for probation violation... View More

James L. Arrasmith
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answered on Jan 10, 2024

It's concerning to hear about your friend's situation. In the United States, the length of time a county can hold someone in jail for a Failure to Appear (FTA) warrant varies based on local laws and the specifics of the case. However, it is generally expected that an individual should be... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Georgia on
Q: How long can a county hold you in jail for a FTA warrent?

My friend has been in jail since the 19th of Dec for a FTA warrent he didn't know he had, so he was arrested and taken to clinch county, due to the storm yesterday they canceled court, and now they won't see anyone until Feb. He also has a hold for another county for probation violation... View More

T. Augustus Claus
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answered on Jan 10, 2024

In Georgia, the time a person can be held in jail without seeing a judge after an arrest varies. While there is a general expectation that an individual should be brought before a judge within 48 hours of arrest, certain circumstances, such as court closures or delays, can extend this period. In... View More

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1 Answer | Asked in Criminal Law for Georgia on
Q: I'm waiting to be sentenced but my attorney filed a rule nisi does that mean the judge approved the motion for new trial
Glenn T. Stern
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answered on Jan 8, 2024

A rule NISI filed by your attorney is a basically a request where your attorney (in this case, who filed it) is asking for a hearing on whatever motion accompanied the rule NISI (a motion for new trial, in this case.) If the judge set a date for it-that just means that a hearing has been... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: How likely is the defendant to get Probation?

My son's father stabbed my multiple times two years ago he has four felony charges and one misdemeanor from the incident. But he has a clean record. The case has been moving slow as they only told me about one plea deal. Which was given at his arraignment trial. He has been out on bond for... View More

Lynne Fleming
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answered on Jan 7, 2024

In order to completely answer this question, I would need to know exactly what the charges are. However, I can tell you that there are mandatory minimum terms of incarceration for certain types of aggravated assault. That means , he would not be eligible for probation if convicted.

For...
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1 Answer | Asked in Criminal Law for Georgia on
Q: Can a probation officer ask for jail time on a misdemeanor charge while on felony probation if the charges for the

Misdemeanor haven't been delt with

Austin Burke Nelson
Austin Burke Nelson
answered on Jan 5, 2024

Probation comes with a variety of conditions and these conditions can vary from person to person. However, a prohibition against committing a new criminal offense is usually a standard condition of probation. If it is proven that a person violated the terms of probation, this can open them up to... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Georgia on
Q: OK I’m Gwinnett county Georgia, I drove my Roommate to cash a check. They denied it and kept the check so I went inside

Asked if I could get his check back for him they denied it call the police I called the police. Also the police cited with her the lady and whoever she was talking on the phone wanted to press charges they arrested my roommate this is 15 December, and last night I seen the cop at the gas station.... View More

James L. Arrasmith
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answered on Jan 4, 2024

In your situation, it's important to understand your rights, especially regarding interactions with law enforcement. A police officer can approach and talk to you in public places like a gas station, but you are not obligated to answer their questions without legal representation present,... View More

1 Answer | Asked in Criminal Law, Civil Rights and Civil Litigation for Georgia on
Q: Can I press charges against someone who incited my abusive ex to threaten me and my child? Can I also sue this person?

Prayerfully he didn’t go through with anything, but can I still sue the person who instigated, knowing our history?

James L. Arrasmith
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answered on Jan 2, 2024

In Georgia, as in many states, pressing criminal charges is typically the responsibility of law enforcement and the prosecutor's office. If someone incited your ex to threaten you and your child, you can certainly report this to the police. The police can investigate, and the prosecutor can... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: What would the statute of limitations be on unauthorized intercepted texts between two other people without concent
T. Augustus Claus
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answered on Jan 2, 2024

The statute of limitations for unauthorized interception of texts would generally fall under the state's general two-year statute of limitations for personal injury actions. This would mean that a lawsuit or criminal charges related to the interception of texts without consent should be... View More

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