Get free answers to your Criminal Law legal questions from lawyers in your area.
Arrested again and bond revoked.
answered on May 24, 2024
It sounds like the DA directly indicted you on additional charges (i.e., you were not arrested on those charges but they are new charges arising out of the same incident). Unfortunately, in that situation, you can be arrested on those new charges. Unless the DA had a specific reason/basis to seek... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 20, 2024
You have to pair your own motion (i.e. a written request), file one with the court, and then serve a copy upon the prosecutor's office. If you have an attorney, your attorney should be doing that for you. If you are representing yourself, you might want to go to the law library and read up on... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 19, 2024
I wouldn't say it's a "clear" violation. There are many reasons why a witness would not be permitted to testify. For example, if the court determined that that they had no evidence to offer that was legally relevant to the elements of the charges before the judge or jury, that... View More
Case law supports my claims, the Court of Appeals will remand for resentencing. 4 of my 5 sentences are void, will the appellate court vacate them all because they were part of the same judgment?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 19, 2024
If your sentences are found to be void and the Court of Appeals remands for resentencing, it is possible that you could receive more prison time, but this depends on various factors. The appellate court typically vacates all sentences that are part of the same judgment if they are intertwined.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 18, 2024
Yes, a witness statement alone can be sufficient for a conviction if the judge injury find the witness to be credible. It's would not be enough just to say "he did it" without more. They would need to be able to explain how they know he did it, but if the explanation was convincing,... View More
Is an indictment that charges Arm robbery without charging a weapon fatally defective
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 16, 2024
The answer is maybe. It's not a question that's easily answered without actually being able to read the indictment or knowing the actual facts of the case. But, for example, in Georgia a person can be convicted of armed robbery if the victim reasonably believed that the person did in... View More
And be released. Process?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2024
In order to obtain retroactive first offender, a convicted person must show that at the time of sentencing they were eligible to receive first offender and they did not know they could have been sentenced under first offender. Additionally, the prosecution's office must consent to the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2024
Absolutely. A BB gun is considered an "object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury," so firing one at another person can be charged as an aggravated assault.
I was passenger in car with the driver and one more person they let me and the other passenger go after searching but found out month later I have warrant for drugs when the initially didn’t find drugs
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2024
If police search a car and find drugs, any and all passengers could be accused of "constructively" possessing them, even if the drugs were not found on their person or, in this case-released before the drugs were actually located. The burden of proof for "probable cause" is... View More
The person breaking up the fight was injured unintentionally by a knife. Is that aggravated assault.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 12, 2024
It certainly could be. Under the doctrine of "transferred intent," if the person with the knife unlawfully intended to injure someone, but inadvertently hurt another victim-that intent to gets transferred to the victim he actually hurt. The actor doesn't get a pass because the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 9, 2024
Possession of a drug-related object (a pipe, for example) is a misdemeanor in Georgia. However, if there was meth residue in the pipe that was enough for them to test-you could also be charged with possession of methamphetamine, which is a felony.
My boyfriend was arrested on 05/03/2024 and he was sent to Clayton County Jail but I bonded him out on 05/06/2024. He was then sent to Henry County Jail. I have been trying to contact his probation officer but she hasn't been answering my phone calls or emails.
answered on May 9, 2024
A defendant could legally spend the remaining term of their probation incarcerated, though that rarely happens. Probation doesnt usually speak to family or friends. If he can somehow get Probation to agree to a stipulation that will reinstate his probation or terminate his case then he can be... View More
My boyfriend was arrested on 05/03/2024 and he was sent to Clayton County Jail but I bonded him out on 05/06/2024. He was then sent to Henry County Jail. I have been trying to contact his probation officer but she hasn't been answering my phone calls or emails.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 9, 2024
Potentially, on a second probation violation, a probationer could have the balance of whatever is left on the probated sentence revoked. Depending on how long is left on the sentence, that could be weeks or months. What is alleged to have occurred that violated probation is also a factor. It is not... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 4, 2024
Yes. You must file a notice of appeal within 30 days after entry of the judgment of conviction and sentence.
You can also file a motion to withdraw a guilty plea. A motion to withdraw a plea of guilty must be filed before the end of the term of court in which the plea is entered. Your... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 4, 2024
After the state provides sufficient notice, OCGA § 17-10-7 requires that a trial court sentence a defendant to the maximum under subsection (a) if the defendant already has a felony conviction and commits a new felony while incarcerated, or (c) on a subsequent felony conviction after a defendant... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 2, 2024
Under Georgia law, an active first offender case generally cannot be used to enhance a sentence under the 17-10-7 statute. The First Offender Act is designed to give individuals a second chance by not considering the first offense as a conviction, provided they comply with the terms of their... View More
The court reporter failed to create record of plea hearing. Later, the prosecutor sent a proposed transcript to defendant. Defendant was given no certain time by which to respond. Nor was defendant made aware that the proposed transcript would become the true and official transcript if he did not... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 30, 2024
Under Georgia law, reconstructed transcripts are governed by OCGA §5-6-41(g), which states
"Where a trial is not reported as referred to in subsections (b) and (c) of this Code section or where for any other reason the transcript of the proceedings is not obtainable and a transcript... View More
I had an appointment with a physician who utilized a website that does not display her name. I have been a patient for a specific practice for over a decade. I phoned that practice to schedule a visit with a physician who is part of that specific team. I received the appointment in April, 2024/... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 21, 2024
Based on what you've described, I'm not sure who you would talk to-or even if you have a legitimate claim. In order to bring a valid lawsuit against someone, you first have to be able to establish that you actually suffered some sort of damages as a result of what happened. Feeling... View More
i have a partner, whom we share the lease with that we had residents living in there, until my partner didn't follow all of the rules and regulations, so the APS came out again and arrested me with a warrant. how can i get these dropped?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024
I'm sorry to hear about your legal troubles. It sounds like a difficult and stressful situation. A few thoughts:
First and foremost, given the seriousness of felony charges, I strongly recommend consulting with a criminal defense attorney who can review the specifics of your case and... View More
Said we would settle for half because he knew the lady in charge of that. But the trial came and we were never spoke on it. $17,500 in Dekalb County I was pulled over in a car. I had nothing on me accept cash a friend had a couple grams of coke on him they later got a warrant and found a couple... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 14, 2024
Based on the information you provided, it seems that the authorities seized your money ($17,500) during a traffic stop and subsequent search of your home, which led to drug-related charges and a conviction. If the authorities did not follow proper legal procedures regarding the seizure and... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
