Andrew Brian Margolis's Answers

Is it possible to get probation for an Aggravated assult scharge in Georgia?

With an aggravated assault charge where someone was actually stabbed, it is likely the D.A. will at least initially want jail time. But the law does not require it, and probation may be a possibility if you have a competent, aggressive attorney working with you. I handle these types of cases all the time and would be glad to work with you. Take a look at my firm's website for more information and give me a call if you'd like to talk about this further. Regards, Andrew

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1st time ever getting arrested charged with domestic battery and cruelty to children in Dekalb county Georgia will I go to jail?

I handle a lot of domestic violence cases in DeKalb County, and I can tell you that the prosecutors there handle these cases fairly aggressively. Depending on which judge your case is assigned to and on the facts of your particular case, it's very possible the State could be asking for jail time. I would strongly recommend you let a lawyer who is experienced in defending family violence cases handle your matter. I'd be glad to talk to you further - feel free to give me a call.

Arrested for DUI at a roadblock, how do I obtained the written roadblock procedure prepared by supervisory personnel?

There are several requirements the police must meet in order for their roadblock to be valid. One of the things I always do in every DUI case I defend where a roadblock is involved is to subpoena all paperwork related to the roadblock so I can determine whether or not the police had a right to stop you in the first place. If the officer told you that you were not free to leave and then proceeded to force you to give evidence against yourself, then some or all of that evidence may have been...

I have The chargs of cruelty to children 1ST Two time and aggravated assauit and family violence battery

The fact that you have no prior criminal history is definitely something that will be taken into account. However, there are other factors as well, such as the relative severity of the charges you are convicted of, whether or not the alleged victim is pushing for time, and how reasonable the prosecutor and judge are willing to be. Keep in mind also that sentencing practices vary from county to county, so what might be looked at as lenient in one county might be viewed as harsh in another. As...

Boyfriend in jail arm robbery.... 1st bond hearing denied... waiting on another on... but no court date, he just sitting,

If your boyfriend is charged with armed robbery, the law entitles him to have a bond hearing scheduled within ten days of his lawyer filing the proper motion with the court. Regards, Andrew

Motion for early release of probation

You would need to file a motion for early termination of probation. I have done several of these before, and would be happy to talk to you about it. You would need to have some compelling reason, however, other than "I've done everything I was supposed to do and I just want to get off probation early." For example, I'm representing a client on an early termination petition who, because of his probation, is unable to be hired for a job that wants to hire him but can't, because he's still on...