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Allen Rust Knox

Allen Knox’s Answers

1,432 total


  • How can a simple battery under family violence case can be won if you're the defendent?

    First time in trouble

    Allen’s Answer

    Every case is won or lost on its own particular facts. You will need to provide some details here. Given that the only details you have given are that this is a family violence case and it is your first time in trouble, there may be a domestic violence intervention program available to you that will result in dismissal of these charges upon successful completion. Other than that, you will need to hire a lawyer and go over the case in detail.

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  • If I do not show up to court for domestic violence case being the victim what happens? Will my boyfriend get jail time at all?

    I am the victim of a domestic violence case have been trying to drop the charges forever court this coming Tuesday my boyfriend cannot afford a lawyer and he doesn't have a violent criminal record

    Allen’s Answer

    Many things could happen if you don't show up for court. First, there is no guarantee that the charges will be dismissed if you don't show up. If you are currently under subpoena to appear in court, the State could ask the judge to have you arrested and brought before the court for contempt. In order to purge your contempt, you will have to testify. If you are not currently under subpoena, the State could be granted a continuance to get you under subpoena. Finally, under certain circumstances, the State may be able to try the case without you. If certain circumstances are present, some or all of your prior statements to the police could be admissible in court even in your absence. Therefore, your boyfriend could be convicted and sentenced to jail even in your absence. You and your boyfriend do not need to bank on you being absent from court to defend him on these charges. He needs a lawyer. Although he may be denied a lawyer at this point because he has waited too long, he can ask for a court appointed lawyer if he cannot afford one.

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  • Trying to drop charges off my baby daddy

    I did the most stupid things in my whole life. I called the police on him for nothing. I did it out of spite just to make him mad but only thing i did was hurt my kids. I sign the alfidaite saying i dont want to press charges but the state still d...

    Allen’s Answer

    The State is most likely refusing to drop the charges for several reasons: (1) domestic violence victims are notorious for making allegations then, after the police have acted, requesting that the charges be dismissed; (2) domestic abusers tend to be repeat offenders who get more violent with each incident; (3) domestic violence victims are also notorious for making false recantations; and (4) this case involves children as well. You need to be careful in this case. If you tell the prosecutors that you made a false report of a crime, you could end up in jail too.

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  • 15 year old, multiple sex partners, pregnant, guys are 20 and older.. Outcome?

    It has been rumored that a 15 year old girl is pregnant by either a 20 or 21 year old. She doesn't know. What is the punishment that they guys could get for engaging and impregnating this girl? Would her history of being promiscuous prevent them f...

    Allen’s Answer

    The child's sexual history with others will not be a factor at all. With a few exceptions, the Rape-Shield law will prohibit any evidence being introduced or considered that relates to the child's sexual history. Moreover, if the defendant is 21 years of age or older, statutory rape carries a minimum 10 year sentence. The maximum sentence is 20 years.

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  • Can a 16 yr old and a 26 yr old legally date and have sex in the state of Georgia.

    I know the age of consent is 16 in georgia so does that mean it is legal. I know there is still the charge of contributing to the delinquency of a minor but what does that really exactly.

    Allen’s Answer

    • Selected as best answer

    16 is the legal age of consent in Georgia. However, as you have pointed out, you can be charged with contributing to the delinquency of a minor if the child's parents do not approve of the relationship. Also, as has already been pointed out to you, you can also be charged with interference with custody. Unless you leave the state with the child, these are misdemeanors and you can get up to a year in jail and a $1000 fine. If you go out of state, interference with custody becomes a felony. You can get up to five years in prison for this offense. Moreover, you may also be charged with felony sexual offenses if you cross into another state. For instance, if you go into a state where the age of consent is 18, you could be charged with offenses such as Enticing a Minor for Indecent Purposes for taking the child to that state for the purpose of engaging in unlawful sexual contact. Finally, if it is illegal to engage in sexual conduct with the minor child in the state to which you travel, you can also be federally charged with Transporting a Minor across State lines, an offense for which you can receive a life sentence.

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  • If your sentenced to a 10 do 3 years in a state prison how long will you actually stay?

    Been in jail since June and did get time served. Charges burglary and theft by taking.

    Allen’s Answer

    How much time an inmate will actually do in prison is impossible to determine. If this person has not already been transferred from the jail, they will within the next few months (actually nobody can predict exactly how long this will even take). Once transferred, this individual will likely go to the Georgia Diagnostics and Classification Prison in Jackson, GA (Butts County). There the individual will undergo an evaluation to determine his likelihood of success if paroled. The results of this evaluation will then be factored into a grid system that accounts for the severity of the offenses for which he has been convicted. The inmate will then be given a tentative parole month. This does not mean that the inmate will absolutely parole out of prison at that time. It only means that the person will be considered for parole at that time. You will just have to be patient and wait to see when the tentative parole month will be. There is a good chance that the inmate will get parole at that time.

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  • Is asking for drugs/illegal guns & cars illegal? Even without possession before the act?

    I pretended to be a buyer because I met a dealer, I told him I smoke weed, and was hoping to buy 10 glocks from him. It felt really real and I was curious of what was gonna happen so I played along. He then said something about my IP being tracked...

    Allen’s Answer

    It is possible (but unlikely) that you were chatting with an undercover officer online. Officers do go undercover on the internet frequently to conduct sting operations on child predators and child porn distributors. Moreover, they can track these individuals via their IP addresses. However, it would be very unusual for a narcotics officer to conduct an internet operation concerning marijuana purchases. Moreover, I have never heard of an undercover officer blowing his cover on the very first conversation by saying something like "Your IP address is being tracked." They don't want to scare you off; they want to keep you talking to build a case on you. Therefore, it is unlikely that this was anybody other than a prankster online.

    If this was an undercover officer chatting with you on the internet, you could be charged with either Criminal Solicitation or Use of A Communication Facility to Facilitate a violation of the Georgia Controlled Substances Act. Neither of these crimes requires that you complete the transaction (or even take further steps to complete it). All you have to do is solicit a sale/purchase of marijuana from another person with the intent to get them to commit the act. Moreover, the fact that you are talking to an undercover agent and not somebody that would actually complete the crime is not a defense. Although you deny that you had the actual intent to commit the crime, that would be a matter for a jury to decide. Therefore, you could be arrested simply for having this discussion online.

    The possibility that this was an undercover officer is very slim given what you have described. Moreover, if they are going to arrest you, there is nothing that you can do to stop that now. If they have your IP address, they can find you. Therefore, there is no sense in worrying about this now. It was either someone pranking you online or it is out of control anyway. Just don't conduct any further "illegal" chats online.

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  • Police Search House After Smelling Burning Marijuana

    Officer parks car at street 40 yards from house. House has all doors and windows closed. Officer says can smell burning marijuana coming from house where he parked. No one in house smells anything but kids in back of house were smoking. Magistrate...

    Allen’s Answer

    There are cases in the court of appeals that would uphold this search; there are also cases that would say that probable cause was lacking. This will all depend upon how the evidence develops at a motion to suppress and, more particularly, how the officer worded the allegation in his affidavit for the search warrant. You will need an experienced lawyer to represent you in this matter.

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  • If the lab report says that the evidence was not properly sealed can a lawyer challenge the evidence being admissable?

    was stopped by police and they searched the car found some mariujana and the lab report says it was not properly sealed when they recieved it.

    Allen’s Answer

    An unsealed evidence bag can be an issue. However, it is not absolutely required that the bag be sealed in order for the evidence and the test results to be admitted into evidence against your son. The State has other ways of establishing the reasonable assurances necessary to show that the marijuana that was seized from the car was actually the marijuana that was tested. With that said, this is a strong point for a lawyer to make when plea negotiating and at trial.

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  • My daughter was charged with reckless conduct. This is her first time being charged with a crime. Does she need an attorney?

    She knows that she was a little irresponsible. She was at a park letting her child play at an unreasonable hour. She took her eyes off him for a minute and he disappeared. She was looking for him when police showed up and found him in her car. H...

    Allen’s Answer

    She is subject to punishment for up to a year (12 months) in jail for this offense. Moreover, judges are generally harsh when sentencing people who have been found guilty of an offense which is considered to be child abuse. Therefore, there is a real possibility that she could do jail time in this case. There is also the possibility that the judge would order that she not have contact with her child, or that she not reside with her child, during the term of her sentence. All these things have actually happened in the past. That means DFACS could get involved in this case later, even if they aren't involved now. So, the answer to your question is YES, your daughter absolutely needs a lawyer.

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