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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 
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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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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
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
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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... View More
Misdemeanor haven't been delt with
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
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
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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
Prayerfully he didn’t go through with anything, but can I still sue the person who instigated, knowing our history?
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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
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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
To go to another program like six months at probation detention center
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answered on Jan 1, 2024
In Georgia, if your sister is currently waiting to be placed in the Residential Substance Abuse Treatment (RSAT) program but wishes to explore alternatives like a Probation Detention Center, there are legal steps that can be taken.
First, it's important to consult with her attorney or... View More
I called the police, but he didn't file stolen car report, he only gave me case number as it was stolen by the mechanic, and I think the officer thinks of it as civil case. So I cancelled the registration, and insurance, since I worry what crime might occur with my name to the truck. Will I... View More
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answered on Jan 1, 2024
If your truck was stolen, and you reported it to the police by obtaining a case number, you have taken the appropriate steps to notify law enforcement about the theft. Canceling the registration and insurance on the stolen vehicle may be a responsible action to take, as it prevents any potential... View More
answered on Dec 30, 2023
This depends on a variety of factors. All persons arrested on a misdemeanor in Georgia must be brought before a judge for a bail determination within 48 hours after a warrantless arrest or 72 hours after arrest on a warrant. There are situations in which bail may be revoked, such as a situations... View More
Non family member and the older brother took the kids meet the father and then father drove them back across state lines
answered on Jan 2, 2024
The facts you have stated are confusing as the mother always has sole legal and physical custody of a child until the father legitimizes, if the parties were not married when the child was born. Yet, if the mother lost custody, your facts don't state who has custody for there to be any issue... View More
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answered on Dec 28, 2023
If someone was coerced, forced, or bribed to take a plea deal by a sheriff, it raises serious ethical and legal concerns. Coerced pleas are considered violations of due process and can undermine the integrity of the criminal justice system. Individuals have the constitutional right to make... View More
Case was shoplifting at Walmart in Cobb county in aug 2023. The defendant had over $500 in goods which is why it’s considered a felony. The defendant has no prior convictions and is technically a state resident although he is from Michigan. He has no previous convictions in Michigan as well.
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answered on Dec 23, 2023
In Georgia, the First Offender Act can indeed be applied to certain felony cases, including cases of theft over $500. The Act allows a defendant, who has not previously been convicted of a felony, to plead guilty or be found guilty without having a felony conviction formally entered into their... View More
I’m not a felon, I did first offender and completed it in 2012. My firearm which I purchased from a pawnshop was taken from me and I was detained
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answered on Dec 23, 2023
In Georgia, if you have completed a first offender program successfully, your rights should be restored, including the right to possess a firearm. However, misunderstandings or errors in legal records can occur, leading to situations like the one you're facing.
It's important to... View More
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answered on Dec 20, 2023
In Georgia, a defendant generally cannot file a motion for dismissal at a motion for a new trial hearing. The motion for a new trial is typically focused on challenging the verdict or judgment based on errors that occurred during the trial, such as legal errors, newly discovered evidence, or juror... View More
Victim in criminal indictment filed waiver of rights to clerk office, district attorney office and judge
Indicating Victim wishes not to proceed with prosecution as part of official record, does this mean prosecution must end
answered on Dec 12, 2023
The eventual charging decision rests solely with the State, as much as that kind of prospective evidence makes actually carrying the charge more difficult. A good lawyer will do you well in this kind of situation as the change in allegations can create new avenues for state prosecution. Travel... View More
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answered on Dec 7, 2023
Possession of drug-related objects is a misdemeanor, meeting the maximum punishment of 12 months in jail and $1,000 fine. As to what sentence one might expect to receive, that would depend on the defendants prior record, any additional charges that may be brought along with the charge, and other... View More
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answered on Dec 7, 2023
There are actually several scenarios in which police can search your car without a warrant or your permission. One example would include an inventory search, where the driver is being arrested and the car is going to be towed. If the officer observed contraband in plain sight, that would be a... View More
The searched my car and found schedule 2 pills I told them no they couldn't search n they got the dog the pills was dropped by a friend I picked them up n put n a bottle intending on throwing them away weeks ago and forgot can I get it dismissed based on the original reason they stopped me he... View More
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answered on Dec 5, 2023
In Georgia, if you received a citation for non-working brake or tail lights but believe this was incorrect because your lights were functioning, this could potentially be a basis to challenge the traffic stop. However, the subsequent discovery of schedule 2 pills during the search adds complexity... View More
I had a refund check for my bail and they released it without my signature. I have requested a copy of the back of the check and they will not respond
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answered on Dec 5, 2023
In Georgia, if you have a complaint against a bail bondsman, you should contact the Georgia Department of Insurance. This department oversees the licensing and regulation of bail bondsmen in the state. They have the authority to investigate complaints and enforce regulations.
To file a... View More
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