Howard J. Weintraub's Answers

Armed robbery with bb gun $130 taken

This answer assumes that the defendant has been formally charged by way of an Accusation or an Indictment pursuant to O.C.G.A. Section 16-8-41. All pretrial motions, demurrers and special pleas are required to be filed within ten days after the date of arraignment, unless you have the court extend this time for filing. Preliminary discovery motions need to be filed wherein you elect to opt into discovery under O.C.G.A.Section 17-16-2; you request a copy of the Indictment or Accusation and a...

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Failure to obey traffic and headphone prohibited

Take a defensive driving class before you go to court, perform community service for a non-profit organization (I suggest you do no less than 20 hours) and ask the prosecutor to merge the second ticket with the first ticket and tender a plea of nolo contendere to the first ticket. Also try to get the prosecutor to amend the ticket for failure to obey a traffic device to driving too fast for conditions.

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I think my wife may be having an affair.

The answer to your question is both yes and no. Under Georgia law (other states may be different), as well as Federal law, you can legally surreptitiously record conversations on your telephone as long as one of the parties to the conversation is aware of the recording device. What this means is that you can legally secretly record conversations between you and any other person on your telephone, and you do not have to tell this other person that you are recording the conversation,...

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Federal expungement

In my opinion, H.R. 5492 titled "Fresh Start Act of 2010" is a change in our federal criminal procedure that should be enacted. Among other things, this proposed legislation will enable a first time offender convicted of a "nonviolent criminal offense" to have "Any official record relating to the arrest..., the institutuion of criminal proceedings..., or the results thereof (including conviction) for the nonviolent offense" expunged. The order granting expungement "shall restore the individual....

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How much time for aggravated assault false imprisonment and three counts of child endangerment

The crime of aggravated assault carries a maximum penalty of 20 years of imprisonment, unless it involves an assault with intent to rape a child under the age of 14, where the penalty is imprisonment for not less than 25 nor more than 50 years. The crime of false imprisonment carries a maximum penalty of 10 years of imprisonment. Keep in mind that the sentencing and punishment provisions of O.C.G.A. Section 17-10-6.2 will apply if the aggravated assault and/or the false imprisonment are...

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How serious is a complaint filed against a minor by a school resource officer to the juvenile court, charge sexual battery.

I concur completely with the previous answer provided by my esteemed colleague, Phillip Kimbrell.

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3 DUI's within the last 6 yrs. Have completed ALL requirements of first two (fines, probate, community service etc)

This answer assumes that you are holding a Georgia driver's license and that the DUI offense occurred in Georgia.Here are some of the consequences if you are convicted of this third DUI. Since this is your third offense within ten years from your last conviction this DUI is now classified as a High And Aggravated Misdemeanor. Georgia law requires that you be sentenced to at least 120 days in jail. Although the judge can probate a portion of this term of incarceration, the judge must sentence...

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What happens after you enter a plea of not guilty to a DUI charge?

Following your arrest for DUI, you will have what is logically called your "initial court appearance". Depending upon the jurisdiction where you are being prosecuted, the timing of this court appearance varies. For illustrative purposes as to what happens to you during this court proceeding and thereafter, let me discuss the procedure in Atlanta Municipal Court, which is the Court that handles the DUI cases made throughout the neighborhoods of Atlanta, including Buckhead, Midtown and...

The best course of action for a person charged with possession of marijuana; student needs to keep financial aid as well as DL

You need to hire an attorney so that he can advise you whether the State can use the marijuana against you inasmuch as the discovery of the marijuana by law enforcement may have been the product of an illegal search and seizure. In making this determination, several factors need to be reviewed by your attorney: (1) Were the searches authorized by a search warrant or were they based upon the homeowner, you or another person providing consent for the searches and seizures. The basis of the...

I am being charged with Theft by Receiving a firearm .what am i facing. how can i clear this

In order for you to be found guilty of being in possession of stolen property the State has to prove that you knew, or had reason to know, that the property (in your case a firearm) was indeed stolen. The facts of your question indicate no such knowledge on your part. Inasmuch as your story (if such is what actually transpired) demonstrates no culpable knowledge, such veresion of the facts, coupled with your lack of any criminal record, should make valuable points for a presentation by your...