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case # begins PRE- open(pending) Would it be listed as prefile?
answered on Oct 13, 2024
All depends on the jurisdiction, as the registry entries are different from circuit to circuit, and even sometimes clerk to clerk.
The best way is to verify specifically with the clerk in writing. EVERYTHING needs to be in writing if at all possible.
The above case is similar to mines jeopardy attached to my case just like in Herrington's case during my first trial I had a mistrial the state investigator got on the stand and the judge declared a mistrial similar to herrington's.on retrial the state added charges as well like... View More 
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answered on Oct 9, 2024
In your situation, the principle of double jeopardy is central. Once jeopardy attaches during your first trial, the government is limited in how it can proceed if a mistrial occurs. When the state investigator testified and the judge declared a mistrial, jeopardy attached, preventing the state from... View More
Person was wrongfully arrested. Officers did not do Justice by making an arrest. Person was experiencing a mental crisis, officers offered no assistance helping with that fact, even after the family pleaded to allow them to go back to the mental health facility or another family members home.... View More
answered on Oct 8, 2024
You can file a Motion for Bond Modification. I would suggest hiring a criminal defense attorney to help you fo this.
www.LevinLawyerGa.com
While in court the da stated I gave consent to search my truck, I don't give consent no matter what. The facts are,, the officer said he could smell weed, I don't smoke nor carry weed, and after his statement he proceeds to open my door and pull me from truck, needless to say he found no... View More
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answered on Oct 2, 2024
I'm sorry you're going through this difficult situation. It's important to take immediate steps to protect your rights. Consider finding a new attorney who can review the details of your case and provide a strong defense based on the facts you’ve shared.
Document everything... View More
The city is refusing production of evidence and the city court clerk is refusing subpoenas for witnesses and video evidence known to exist.
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answered on Oct 2, 2024
I'm sorry you're facing these challenges with the city court. Violations of statutes like Title 24-13-20 through 24-13-24 can potentially be prosecuted if there's enough evidence and legal basis.
If the court is denying your requests to subpoena witnesses or access video... View More
We have sought medical attention
answered on Sep 30, 2024
If this is a result of a work related injury it is compensable.
How long does it take for it to be sealed? And is there anything I need to do? How will I know? My probation officer basically just told me the date my probation would be completed and I never heard from him again.
answered on Sep 25, 2024
This depends on your case's jurisdiction (the Court from where your matter was discharged). Some courts have their administration track the matters and automatically proceed with record restriction. Others notate the file and await the Defendant's request for record restriction.
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answered on Sep 23, 2024
Sounds like theft by taking to me. If there is a payment dispute, the remedy for the subcontractor is to file suit in civil court, not take it upon themselves and seize valuable collateral as compensation.
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answered on Sep 16, 2024
In Georgia, waiving an arraignment means you are choosing to skip the formal court appearance where charges are read, and you enter a plea. To waive an arraignment, you generally need to submit a written waiver to the court, often with the assistance of your attorney. This waiver indicates that you... View More
Her 21 yr old boyfriend which she didn't I have messages from him saying she didn't kidnap him Georgia Police did the pit maneuver and made them flip the car twice he her boyfriend would hurt seriously and she was hurt also she was the only one charged in the incident he wasn't... View More
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answered on Sep 11, 2024
It sounds like you are in a very difficult and confusing situation with your daughter being held in Twiggs County Jail. The first thing you should consider is contacting a criminal defense attorney who can work in Georgia and has experience with cases involving minors and serious charges like... View More
answered on Sep 8, 2024
In short, no. Lots more details are needed for a full analysis, but 17 is an adult in Georgia and law enforcement will take advantage of the persons youth to elicit whatever they are looking for. GET A LAWYER before talking to the police. ALWAYS!!!
My former brother-in-law, who is a convicted felon, stole multiple items from my home including two firearms. I have a recorded phone call where he listed every item he stole from me including guns. I took it to police and they told me it was a civil matter. He has had multiple arrests for heroin... View More
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answered on Sep 7, 2024
It can be incredibly frustrating when the police don't take action, especially when you have solid evidence of a crime. In your case, the theft of firearms by a convicted felon is a serious offense that should generally be pursued. Sometimes, police may label something a civil matter if they... View More
Would this not make the search warrant flawed? Also, the judge signed off on this warrant, after placing an eight (8) in the time slot only to scribble through the eight (8) and write a three (3) above the scribbled out eight (8). The document does not look professional, seems like checks and... View More
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answered on Sep 7, 2024
A search warrant must be clear, specific, and accurate to be valid. If a warrant lists an incorrect statute, like stating OCGA 16-5-24 (aggravated assault) instead of the correct one, it could be grounds for challenging the warrant's validity. Any inaccuracies, even clerical errors like... View More
Been having debate with friends with this question because when of our other friend is currently in trouble for that reason
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answered on Sep 5, 2024
If you were pulled over with a pipe containing methamphetamine residue, you could face charges for possession of methamphetamine as well as possession of drug-related objects. Both charges are possible because having methamphetamine residue in the pipe shows that you had possession of the drug, and... View More
Can you make any recommendations?
answered on Sep 1, 2024
Many cities or counties have legal aid or other organizations that provide pro bono (free) legal advice and services.
The State Bar shows resources here: https://www.gabar.org/forthepublic/legalaid.cfm ▪
My husband has been in jail for 21 days, and has yet to be served a warrant within the first 72 hours of incarceration. Who do I need to speak with?
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answered on Aug 31, 2024
You need to contact an attorney who handles civil rights cases, particularly those involving jail conditions or unlawful detention. Your husband's rights may have been violated if he wasn't served a warrant within 72 hours of being incarcerated. This situation could potentially involve a... View More
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answered on Aug 31, 2024
It sounds like you’re dealing with a complex legal situation involving past incarcerations and possibly a banishment order, which you might not fully recall. If you were expedited or banned, there could be documentation that explains these actions, possibly linked to specific legal proceedings or... View More
Is has to be a violation can I get this thrown out my sentence was 15/10 and my sentence is almost over
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answered on Aug 31, 2024
A delay of eight years in holding a hearing for your motion to withdraw a guilty plea can be considered a significant issue regarding due process. The Constitution guarantees the right to a speedy trial and a prompt resolution of post-conviction matters, and such an extensive delay could... View More
at trial on armed robbery, kidnapping, home invasion charges, but found guilty on criminal intent to commit a felony. He's been locked up for 58 months and just recently offered time to serve for a guilty plea on appeal for the criminal intent charge, which he declined because the state... View More
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answered on Aug 31, 2024
In your situation, it's crucial to seek an experienced civil attorney who can help you navigate the complexities of a malicious prosecution case. The fact that the state admitted to wrongdoing is significant and could play a pivotal role in your case. It's important to act quickly, as... View More
Breaking into my house and taking thousands of dollars of property and creeping into my room when I am sleeping and compromised my email accounts, social media, online banking etc
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answered on Aug 19, 2024
If someone has stolen your personal documents and compromised your accounts, the first step is to secure your safety. Change all your passwords and use two-factor authentication on your accounts. Notify your bank immediately to freeze or monitor any transactions, and contact the Social Security... View More
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