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Will a warrant also be issued for the victim for an aggravated stalking charge?
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answered on Sep 26, 2024
No, with a "no contact order," the victim is not under any legal order of the court. So, when a defendant is under a "no contact" order, even if the victim approaches them or contacts them, it is still that defendant's duty to avoid the contact or face consequences from the... View More 
aggravated assault(x2) , criminal street gang , terroristic threats & altered serial number weapon charge. I haven’t been formally charged on anything / Indicted on any of those charges what can I do to get those charges dismissed so I can return back to my active duty
answered on Sep 25, 2024
Your charges are felonies, so the District Attorney has some time before they are required to indict your matter before you are eligible for dismissal based on lack of prosecution. If you desire to return to military service, occasionally, an attorney can convince the DA to look at the matter... View More
This was a year ago and the person got 5 years probation a fine and of course no contact with the other person. The lawyer did ask this person if they could please nolo but they said no because they didn't know that you could do it after they had before but that's been 30 years ago.
answered on Sep 8, 2024
You need to get a second opinion from a local criminal lawyer as generally you can move to amend or clarify sentences on a motion, but no guarantees. Failure to use all your remedies is an appellate issue and can be ineffective assistance of counsel, but there is a lot of strategy at play the... View More
answered on Sep 8, 2024
In short, yes. Generally sentencing happens AT PLEA in GA, so I am a bit confused by your situation, and talking with the Public Defender or a private lawyer is a good idea as that sounds strange.
BY law, you have the right to move for a withdrawal of your plea within the current term of... View More
answered on Sep 8, 2024
Misdemeanors are generally not subject to interstate extradition, although they can result in other impacts such as on your driving record.
If the charge is IN Georgia, the locals will generally arrest and hold the person with the warrant and make them available to the jurisdiction with... View More
I was placed on probation for pretrial diversion in GA. I’ve completed community service and my classes but don’t have the admin fee to turn in before my probation is up. My PO said he will have to send it back to court because I didn’t complete it all. What should I expect?
answered on Sep 8, 2024
Get with the program coordinator, DOCUMENT YOUR EFFORTS IN WRITING, and stay compliant with EVERYTHING possible outside the money. Courts do not like incarcerating folks for legitimate financial hardships (theoretically illegal) and while it may get bumpy, you should be in good shape. Try to pay... View More
Let me explain, my friend got charged with battery and terroristic threats the other day, I am the one who bonded him out last night. He went to first appearance yesterday and in court the judge read details of the case and announced the victim named in the case. Both the details and the victims... View More
answered on Sep 8, 2024
Act fast and try to nip this one in the bud!
Mistaken identity arrests DO happen, and your friend will want to talk with a criminal defense attorney with experience in Civil Rights to ensure that the case gets dismissed AND any/all issues are preserved if there is any kind of claim against... View More
I plead guilty to a felony crime because the lawyer wouldn't help in any just kept telling me it would be best to plead guilty a blind plea then when he handed the judge the paper work he said I also put on here he could not withdraw his plea does a lawyer have that kind of say
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answered on Sep 5, 2024
In Georgia, if a Defendant enter a blind plea, that is a plea that is not based on a recommendation from the State, then the Defendant has no right to withdraw their plea if they are given a sentence that they are unhappy with. When you plea under a negotiated plea, one with a recommendation, if... View More
I am waiting for a trial date that was moved from Gwinnett to Fayette County. I believe I've been a victim of Probate Fraud. The executor and his lawyer got me to sign a " no administration required" early on. Theses were meant to be used in small estates worth $15,000.00 or less.... View More
answered on Sep 3, 2024
There is no monetary limit on a No Administration Necessary filing. The only requirements are:
1. All heirs must agree to the distribution of the assets of the estate.
2. There are no debts of the estate.
3. If there are debts of the estate all creditors have consented to... View More
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
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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
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
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... View More
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
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
And is it retroactive for inmates in prison right now?
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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
can i do something about also the DAHas false statements on my crimenal back ground
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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
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
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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
If this is my first offense how long will I be charged for $200
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
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?
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
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
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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
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?
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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
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