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answered on Feb 15, 2024
It could be either, depending on the facts and circumstances of the rental and why it wasn't returned. It would be up to the attorneys on both sides (and perhaps, ultimately-a fact-finding jury or judge at trial) to determine whether there was any criminal intent behind the failure to return... View More 
I understand that a second FV Battery is enhanced to a felony but cant find any information for a second FV conviction if the subsequent conviction is Simple battery and not Battery.
His sentence for the FV Battery he was 120 days jail time.
As a repeat offender I expected some sort... View More
answered on Feb 7, 2024
Prior convictions under Georgia's Family Violence Act involving the same putative victim should result in mandatory felony charges for new DV arrests, however it is not so simple due to the overwhelming demands currently placed on the prosecuting agencies in GA.
Lots of reasons why the... View More
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answered on Feb 6, 2024
In Georgia, facing a first-time shoplifting charge for merchandise valued under $25 is considered a relatively minor offense, but it can still have significant legal consequences. While the law may allow for penalties that seem minor for such a low-value item, the implications of having a criminal... View More
answered on Feb 12, 2024
Of course. The truth of the matter is that the cards, even inactive ones, have value. That value may be low but there is still a value there. Without the cards, the owner/store is unable to sell and activate the cards for potential buyers.
If a victim was asked to turn over phone records to the prosecutor when asked and did not , is that the victim’s right or must the victim comply with what the state asked?
answered on Feb 5, 2024
Victims have specific and individual rights conveyed by statute additionally, and as a general matter, no one can be forced to voluntarily give evidence to the State whether that is testimony or physical evidence. If the State wants to obtain items of evidence of a physical nature they have access... View More
If I have a clear name, will my fingerprints also be clear? I.e., criminal background check is clear on my name. Would my fingerprints also be clear during a background check?
answered on Feb 5, 2024
If your name legally matches your fingerprint record and your social security number and NCIC data then your criminal history should be consistent. If you have a "clean record" then it should be clean. The best way to determine this in Georgia is to have your local law enforcement agency... View More
hires bail Recovery person 2 return inmate. Recovery man gets inmate 2 jail & releases inmate or let's inmate escape, has he fulfilled his obligation or broken contract. He took $ as if he completed job. Was that illegal?
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answered on Feb 5, 2024
In this situation, if a person initially pays a cash bond to release an inmate and later changes their mind, they may seek the services of a bail recovery agent to return the inmate to custody. The bail recovery agent's responsibility is to locate and return the inmate to jail, not to... View More
The new lawyer can’t obtain it neither the defendant. We are trying to draft up a Habeas Corpus of ineffective council on a Capital Case. Can we subpoena it’s? Or what’s other steps can we take, also the habeas has to be filed by July of 24’ this year. This is a Malice case, that was... View More
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answered on Feb 4, 2024
In a capital case, obtaining the discovery package is crucial for preparing a habeas corpus petition alleging ineffective counsel. If the current attorney is unable to obtain the discovery through regular channels, there are several steps that can be taken.
Firstly, the attorney should... View More
My boyfriend made false allegations & narratives {I didn't live with him but another girl suddenly did. Boyfriend had me arrested 2 nights after he spent night with Mom & me at our house. My father had passed so, I stayed with mom & still lived 13 years at my boyfriend's... View More
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answered on Jan 31, 2024
In your situation, it seems there were significant issues with the legal representation you received. If your attorney failed to effectively use crucial evidence and witness testimonies, or did not represent your interests adequately, especially considering the seriousness of your case, you may... View More
A coworker borrowed in excess of forty thousand dollars more than eighteen months ago offering fraudulent excuses for needing the money and lying about how/when she would repay. There has never been any attempt on her part to repay even a portion of the money, and today I learned she has now filed... View More
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answered on Feb 4, 2024
In this situation, it's advisable to consult with a consumer law attorney. They can help you understand your legal rights and options for pursuing the repayment of the borrowed funds. While bankruptcy may affect the outcome, consulting a consumer law attorney is a good first step. They can... View More
A coworker borrowed in excess of forty thousand dollars more than eighteen months ago offering fraudulent excuses for needing the money and lying about how/when she would repay. There has never been any attempt on her part to repay even a portion of the money, and today I learned she has now filed... View More
answered on Jan 30, 2024
Creditors not listed by the debtor on a bankruptcy Petition and Schedules may not have their claims discharged, UNLESS they have reason to know about the bankruptcy filing.
If the bankruptcy case is known, a Proof of Claim, at least, should be filed.
There are other alternatives.... View More
In chattooga county Someone that is caught up with a dui, speeding, and distribution at 21 allow to use youthful offenders?
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answered on Jan 28, 2024
In Chattooga County, as in other parts of Georgia, the availability of the Youthful Offender status typically depends on the age of the individual at the time of the offense and the nature of the charges. The Youthful Offender status is generally reserved for those who commit certain crimes while... View More
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answered on Jan 26, 2024
Yes, individuals who are out on bail can request a speedy trial. The right to a speedy trial is a constitutional right, and it applies to individuals who have been accused of a crime. If you are out on bail and wish to expedite the trial process, you can discuss this with your attorney. They can... View More
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
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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... View More
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
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
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
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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
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
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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
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
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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,... View More
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
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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
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
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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
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