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COVID-19 Georgia Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Georgia on
Q: If someone was sentenced to the RSAT program but they're not shipping due to COVID can they file a motion for less time

My friend was sentenced to the RSAT program on 10/20 but they're not shipping anyone off due to COVID. He wants to know can he file a motion of modification. Since his time doesn't start until he gets there.

Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Nov 18, 2020

You would need a valid, legal reason to file a motion for modification of sentence. If the reason is that the sentence will be longer than anticipated, it likely will not be granted. There is often a waiting list for RSAT and most people wait for months to get a bed in the program. If the RSAT... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Gov & Administrative Law for Georgia on
Q: If an individual has been in jail for 90 days and hasn't been indicted or granted bond,the judge is in violation of wha?
Jermario L Davis
Jermario L Davis answered on Oct 26, 2020

The statute that you are referring to is o.c.g.a. 17-7-50....if true, the judge would be required to set a reasonable bond upon petition by the Defendant. There are exceptions if the state intends to seek the death penalty. Specifically, the state can seek additional time (90 more days) to... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: I'm interested in knowing how COVID19 can be used in a habeas corpus motion. For an offender who has completed majority.
David Edward Boyle
David Edward Boyle answered on Jun 1, 2020

I am assuming you are trying to obtain release of a inmate based upon the recent COVID pandemic. Habeas is not the correct vehicle to use. If the person is in custody and you are seeking an early release then the parole board would be the entity you would contact to show the health risks that the... Read more »

3 Answers | Asked in Criminal Law and Family Law for Georgia on
Q: Court ordered visitation of my daughter.

I tried to pick up my daughter for my court ordered visitation for Spring Break/Easter. Her mother refused to give her to me, citing the Corona virus. However, she allowed her other child to go with that child’s father. We asked City of Griffin police to step in and help us. They went and talked... Read more »

Michael D. Barber Jr.
Michael D. Barber Jr. answered on Apr 5, 2020

You need to file a motion for contempt with the court. Most courts are still enforcing provisions for custody through the covid 19 infection. You could also file other motions as well. Unfortunately because of the nature of these actions it isn't technically criminal.

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