Georgia Criminal Defense Legal Questions

If your loved one is ineligible for parole - which presumably could be based on his charges or prior criminal convictions - then your option would be pursuing some type of post-conviction relief such as a petition for writ of habeas corpus if it is within four years from his conviction (counted roughly from the date of his last appellate ruling) or an extraordinary motion for new trial. ... Read More

The first things to address are getting him counsel and getting him a bond so he can be released. Then the focus can shift to the validity of the charges and attempting to get those dismissed and/or resovled favorably. Whether the arrest and/or charges stay on his record depends on how the charges are ultimately resolved. A civil lawsuit against the company may be possible and would be a separate matter from the crimianl charges. ... Read More

I think you missed labeled this question. It doesn’t appear to be an immigration question. Unless your fiance is an immigrant with or without a Green Card, you must speak with an immigration attorney ASAP. Most immigration attorneys offer a free consultation, so you should be able to get your questions answered at no charge. You will also need to speak to a criminal law attorney.   Greg Dann, Esq., MBA Immigration Attorney   GAD Legal, LLC www.gadlegal.com Gdann@gadlegal.com Office: (888) 315-4828 Fax: (412) 847-5885... Read More

That depends on whether there interests are in conflict.   If their interests are aligned, yes.  For example, if they were charged in the same altercation and both claim that the other guy attacked them and that they acted together in self-defense. If each is going to be blaming the other, no. ... Read More

Yes.  The government, which would be prosecuting you, made no agreement not to.  However, depending on the circumstances (i.e. the amount of money involved, your record, etc.) and the fact that you paid the money back, there's a good chance that teh government won't want to prosecute, or if it does and you are convicted (difficult if your employer keeps his word and doesn't cooperate), may get a minimal sentence.  If your bosskeeps his/her word, the government may never hear about it.... Read More

The statute of limitations deals with amount of time that the state has to file the charges against you. If you have been to court, then it sounds like the charges were filed. You have a right to a Speedy Trial, but you should have an attorney ready to go to trial on the case before you file that. ... Read More

As long as the case was filed prior to statute of limitations, then the case can be brought back until it is resolved. There are legal and justifiable reasons for a reset, but often the state will ask for a reset for a reason that is not justificed. An attorney may be able to assist stopping all of the resets and getting your case resolved or tried.... Read More

Probably not. The warrant for probation violation has probably been tolled.  Meaning it will not expire, because once tolled, it ceases to accrue time towards completion of the sentence. Wherever they are, they can be picked up, and extradicted back to Georgia. They need to start trying to work on it, from where they are, if possible.  That may involve returning back to Georgia, maybe not, but certainily some fines, fees and again, maybe or maybe not possible jail time. It will not just go away. And if they are in another state, the costs of transporting back to Georgia more than likely, will also be added as a part of their fines owed to the State.   My advice is to have a local attorney in Georgia look into it.  Then you can decide what options are available and how the person wants to proceed.  Depending on the prosecutor and the county, something favorable may or may not be worked out.... Read More

Well, FV is serious, and can be complicated.  Two Misdemeanor FV's will turn into felony.  The State obviously has picked up the case, which means your input about whether or not to press charges means nothing.  The State or prosecutor is handling all decisions.  Although they may treat you friendly, their job as they see it is to prosecute the offender.  If the subpoena is valid, you are obligated to testify.  You may want your own attorney if you are uncomfortable with what is going on.... Read More

In order to solve the problem, your boyfriend's lawyer needs to get an affidavit from you or ask you to make an appointment with the Victim Advocate at the DAs office.  Tell the VA what happened and the lawyer will get this info to the ADA handling the case.  Depending on the county, the case should be dismissed.... Read More