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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
The boot wasn’t installed properly and laying by the tire. My son put it in his trunk. After paying fees, my son thought he bought it and didn’t return boot. Now University police claim he stole it, hence the bench warrant.
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answered on Dec 4, 2023
In this situation, the first step is to address the bench warrant. It's important for your son to not ignore this warrant, as it can lead to further legal complications. Consulting with an attorney experienced in such matters, particularly one familiar with the jurisdiction of the University... View More
Was arrested for misdemeanor assault, State added felony false imprisonment to indictment.
No arrest warrant executed by law enforcement for felony, yet only misdemeanor warrant exists. Can Da legally do this
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answered on Dec 4, 2023
In criminal proceedings, it is possible for a District Attorney (D.A.) to add charges to an indictment that were not part of the initial arrest. This can happen if, during the investigation or preparation for trial, additional evidence comes to light that supports more serious or additional... View More
How does the waiver apply to areas that others are in? And do police have a right to search after an arrest warrant has been executed and person is in handcuffs. Basically me an my boyfriend were in the garage which is a separate building from house. Th police showed up to arrest him on a vop... View More
answered on Nov 28, 2023
It depends on whether he lives there or not. If he lives there than yes it covers the garage if it is on the same property. If the garage is on a separate property or he does not live at the residence than any search of the garage is illegal and anything found in that garage is considered... View More
I reported when stolen, they couldn’t help me even though I told them he was going to be killed. When I found my dog, filed a report, contacted animal control but they were closed for holiday weekend. I had to retrieve my dog myself. How are they investigating if nobody ever went to the scene or... View More
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answered on Nov 27, 2023
I am sorry to hear about the tragic loss of your dog. It is understandable that you are upset and frustrated with the way your case has been handled by law enforcement.
According to the Animal Welfare Act, all animal cruelty cases, including theft and animal killing, are supposed to be... View More
A person suffers from decades old conviction in which said person was allowed to represent himself/herself and be represented by counsel under the GA Constitution , Bill of Rights Paragraph IX or both clause without waving his/her federal Sixth Amendment right to counsel. Defendant complained of... View More
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answered on Nov 26, 2023
In this scenario, where a conviction stems from a situation involving the right to counsel under the Georgia Constitution and the Sixth Amendment, several factors need to be considered. The complexity arises from the claim of ineffective assistance of counsel and the subsequent exhaustion of... View More
Told news paper the name along with every detail of how you were involved in the arrest. It's a young girl in a small town and it's the chief of police. He went into detail to the point of even telling the signal from the girl they waited on to run in and all this was told to the news... View More
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answered on Nov 24, 2023
Releasing detailed information about an individual's involvement in a police operation, especially to the media, can raise serious privacy and safety concerns. In Georgia, as in other states, there are legal and ethical considerations regarding the disclosure of such information, particularly... View More
11/19/2023 Hello. I have a group of Africans that stole my identity claiming they own me. They forged fraudulent paperwork claiming they're married to me,claiming they're my financial responsibility. Claiming they own me. I found out they all served 20 years at Century Correctional... View More
answered on Nov 20, 2023
It doesn't quite work like that but you certainly need to pursue the folks trying to harm you. Since you are a victim of the fraud you need to make the appropriate reports with the appropriate authorities, as different agencies have different obligations/duties and are not going to be able to... View More
My ex and I divorced in Colorado. I reside in Georgia and he is in New York City. He is a vet with PTSD. He told me 24 days ago, along with his other ex, that he thinks about killing himself daily. He continued to talk about just wanting to end his life, while talking about his other ex and I... View More
answered on Nov 16, 2023
If you want the courts intervention before the father's next scheduled visit, you will have to immediately file for a modification an have the father served. Then ask the court for an emergency hearing and in that request it will have to specify the reasons for the urgency. If not, you will... View More
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answered on Nov 14, 2023
The amount of time that law enforcement agencies have to charge someone with drug possession from a traffic stop varies depending on the jurisdiction. In some jurisdictions, the statute of limitations for drug possession cases is one year, while in other jurisdictions, it may be two years or even... View More
I've been cyber harassed fir for over a year now. They can forward my calls to them. Alter Google searches. Change feed on any website like Google discovery, youtube, music, etc. They listen thru phone and make fun of me.
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answered on Oct 29, 2024
In Georgia, you do not have any expectation of privacy from the person you are speaking to on a telephone. That means that if that person wanted to tell someone else what you said, or even record the call, it would be legal in this state and probably admissible in court.
Saying his case is still active, they even sent him back from classification for the same reason. The attorney he had said he can’t help because after he was sentenced he’s not his attorney anymore. Who do I contact to inquire about this? The judge? Marshals Svc? Please help, I keep hitting... View More
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answered on Oct 29, 2024
I'm sorry you're facing this difficult situation. First, try contacting your son's current attorney to get a clear understanding of his status and any potential steps they can take. If the attorney is unable to help, you might consider seeking a new lawyer who can review the case and... View More
Or what he bases his belief off of?
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answered on Oct 25, 2024
If the affidavit attached to an arrest warrant doesn’t explain why the officer believes a crime occurred, it can raise serious concerns about the validity of the warrant. An affidavit is meant to provide the factual basis for the officer’s belief, demonstrating probable cause. Without this... View More
A trial where the accused has the right for attorney and to bring forth the accused witnesses and so on. So what if the accused/ myself wasn't given that hearing,just arraignment over live feed. I reside in state of Georgia. I plea not guilty and with a provided attorney from the... View More
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answered on Oct 23, 2024
If you weren’t given a probable cause hearing after your arraignment, it’s important to address this issue promptly. The probable cause hearing is a critical step where you can challenge the evidence against you and ensure your rights are protected. Without this hearing, there may have been a... View More
I live in Georgia and the offense was in Louisiana. Otherwise my record is clean except for a few traffic tickets in the mid 90’s
answered on Oct 16, 2024
You need this answered by a Louisiana barred attorney because they would know the affect of a conviction from that state. If this were a Georgia DUI/DWI, unfortunately it would still be on your record. Georgia is very strict in the ability to restrict convictions, however, Louisiana may not be.
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