Parag Yogesh Shah's Answers

Under GA criminal code what are the statute of limitations on a child cruelty charges

Prosecution for felonies other than those specified in subsections (a), (b), and (c.1) of this Code section must be commenced within four years after the commission of the crime, provided that prosecution for felonies committed against victims who are at the time of the commission of the offense under the age of 18 years must be commenced within seven years after the commission of the crime. O.C.G.A. 17-3-1. Therefore, because cruelty to children in the 1st and 2nd degree is committed...

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Traffic citation for Failure to yield in turning lane while turning left.

I'm not sure what statute they cited in your ticket, but if I am understanding you correctly then I think they cited you with O.C.G.A. 40-6-126. That statute says, "Whenever a highway or roadway has a central lane in which traffic may enter from either direction for the purposes of making a left turn, no vehicle shall be driven into such central lane except for the purpose of making a left turn, and no vehicle shall enter into such central lane at a location which is more than 300 feet from...

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Georgia criminal code, consequences for drug possession with intent to distribute

Possession with intent to distribute a schedule II drug carries a sentence of 5 years up to 30 years for the first offense. Georgia has two statutes that allow you to keep this felony off of your record. If you have no prior felony convictions, then you are eligible for first offender status under O.C.G.A. 42-8-60. If you have no prior drug felony convictions, then you are eligible for drug first offender status under O.C.G.A. 16-13-2. There are a number of ways the case can be resolved...

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Consequences for felony probation

If you have not been reporting (assuming that you are not on non-reporting status) to probation in Texas, then it is possible that they have already (or will soon) place a warrant out for you for violating your probation. You may want to consult an attorney as to what your next course of action should be. If you are picked up on a warrant, then you will be entitled to a probation revocation hearing at which time if you can not afford an attorney, an attorney will be provided for you.

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Speeding ticket in Rental car

You have a number of options. 1) If you decide you want to fight it and take it to trial then I suggest you get an attorney. There are a number of ways to challege a speeding charge that is done with a radar. An attorney can let you know of those ways and let you know if it would be successful in your case. 2) You can pay the ticket and just chalk it up to a bad week. You can call your insurance company to see if the points will affect your premium, but I highly doubt it. 3) You go...

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About restitution payoff.

Here is a case from the United States Supreme Court that might be of some help: In Bearden v. Georgia, 461 U.S. 660 (1983), the Court addressed the due process and equal protection concerns of imprisoning an individual for nonpayment of a fine or restitution. The Court recognized that differential treatment of indigent defendants in revoking probation may violate the equal protection clause and that the fundamental unfairness of revoking probation based on an indigent's failure to pay a...

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Was arrested for simple possesion of marjuana.how long before statute of limitations runs out?

Statute of limitations for felony possession is 4 years and for misdemeanore possession is 2 years (NOTE - there are exceptions, but this is the general rule). I don't understand your question regarding postponing trial. The statute of limitations means the amount of time the State has to file an accusation or indictment in your case.

How long does the state have to indicte.

Most felonies must be indicted within 4 years. If your brother's case was not indicted within 90 days, then he would be entitled to a bond as a matter of law, if he is being held without bond.

Person charged with felony theft, indictment says burglary already sentenced does the court have to remove count on indictment?

If I understand your question correctly, the person you are speaking of was indicted for Burglary, but pled guilty to a different type of theft charge (possibly theft by taking). Although he eventually pled guilty to a charge different from Burglary, the indictment will not be changed to reflect that unless the defense attorney wrote on the indictment, "pleading guilty to reduced charge of theft by taking." The way to confirm the sentence and the charge is to get a certified copy of the...

Can I be charged for shoplifting if the store owner says he does not want to

I'm assuming from your question that there is no prosecutor (or solicitor) involved due to the type of court you are in. If there is a prosecutor (or solicitor), then they can continue the charges against you despite whether the owner or the cop want to prosecute. Now if there is no prosecutor (or solicitor) and it is just the cop who is the opposing party, then the same would be true. The cop can continue to bring the charges even though the owner does not want to prosecute. In a situation...