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Georgia Criminal Law Questions & Answers
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?

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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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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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

1 Answer | Asked in Probate and Criminal Law for Georgia on
Q: My sister was sentenced to RSAT she's been sitting at county for 4 months now, is there some kind of motion she can file

To go to another program like six months at probation detention center

James L. Arrasmith
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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...
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1 Answer | Asked in Criminal Law and Car Accidents for Georgia on
Q: Hello there I was wondering if I am liable for my stolen truck being involved in crime?

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

1 Answer | Asked in Criminal Law for Georgia on
Q: How long can a Georgia county jail hold someone charged with a misdemeanor without giving them Bond or a trial?
Austin Burke Nelson
Austin Burke Nelson
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

2 Answers | Asked in Child Custody, Criminal Law and Family Law for Georgia on
Q: If someone takes a child under 14 out of state mom who has no court ordered custody whats the penelty

Non family member and the older brother took the kids meet the father and then father drove them back across state lines

Alake Colwell Furlow
Alake Colwell Furlow
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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1 Answer | Asked in Criminal Law for Georgia on
Q: What if someone was bribed or forced to take a plea by a sheriff
T. Augustus Claus
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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

1 Answer | Asked in Civil Rights and Criminal Law for Georgia on
Q: Can the first offenders act be used for a felony case? (For over $500 theft)

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

1 Answer | Asked in Civil Rights and Criminal Law for Georgia on
Q: I was locked up and held with no bond, charged with possession of firearm by a convicted felon.

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

James L. Arrasmith
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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...
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