Joshua Mark Geller's Answers

If police are using a confidential informants statement in a methamphetimine case how is it that the defense cannot question him

The identity of confidential informants are generally protected. The short and simple answer is: If the information provided by the CI is the only evidence the State has, then the State must provide the ID of the CI. However, if the CI provides information that is used only to obtain probable cause and further evidence is found after arrest or execution of a search warrant, then the ID should not be disclosed. For example, a CI makes several purchases from a known drug location. Officers...

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Is the affadavit for a search warrant the actual search warrant?

Simply stated, there are 2 parts to a search warrant. The affidavit, which is presented to the judge who determines whether to issue the search warrant. This contains the facts which led the officers to request the search warrant. The other part is the search warrant return, which the lead detective is supposed to file with the clerk of the court which issued the search warrant, which states that the warrant was executed. This is not always done. The affidavit that was provided to you by your...

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I am 18.When I was 16, I was arrested in Walmart for theft.I want to attend college. Do i have to put this on my application/

Err on the side of full disclosure on any education application. You should contact an attorney about your case. It seems like there may be some issues with your case, especially since It seems to have taken 2 years to get to court.

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How do i get a diversion for a misdemeanor in georgia?

You're usually eligible for diversion if you have no prior criminal history. Some courts will permit you to have a misdemeanor or two, but not for the same charge. You get it by having a lawyer request it on your behalf. You should contact an attorney if not having a criminal record is important to you. I'd be happy to discuss your case with you. I offer free consultation.

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There is a hold on my daughter for vop. How long can they make her stay in jail without any type of hearing?

She will most likely have the hold on her until either the Shoplifting charge is resolved or she can either get someone to consent to a bond on the VOP or resolve the VOP. Contact an attorney, if she doesn't already have one, so you can at least try to get the VOP handled quicker than May 31.

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Probation

The paperwork you received when you were sentenced contains your conditions of probation and your probation officer will ultimately let you know if you have violated. You should probably contact an attorney to just run the facts by him/her to see if you're ok. Most attorneys don't charge for an initial consultation.

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JUVENILE TO ADULT COURT

A juvenile can be charged as an adult on capital offenses, i.e. murder, rape, armed robbery (with a firearm), aggravated child molestation, aggravated sodomy, aggravated sexual battery, and voluntary manslaughter. Generally, one rule about evidence is that the testimony of a single witness is sufficient to establish a fact. This means that someone can say, for example, that they were robbed at gunpoint by a 14yr old and that 14yr old could be arrested, charged, and convicted of armed robbery...

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DETECTIVE MOLESTED

I would recommend you complain to the detective's superior about the detective's behavior. And hire a lawyer.

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Can two people be charged with one sack of residue?

Without knowing more, yes, the police can charge more than one person for possession of the same drugs. It's called constructive possession; when two or more have control over something, but are not in actual possession. As for it being residue, as long as the chemist who tests the drugs (to determine what kind of drug, weight, and sometimes purity) can get a positive test, then you can be charged with residue. Again, without knowing more, I would suspect that you may have some issues related...

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Should a copy of the search warrant be in the discovery package?

Yes. The State/Prosecutor is required to turn over the search warrant, affidavit, and search warrant return. These items contain highly beneficial information in evaluating the merits of a case.

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