David Bruce Fife’s Answers

David Bruce Fife

Atlanta Criminal Defense Attorney.

Contributor Level 7
  1. Out of bail, charges were dropped.

    Answered almost 2 years ago.

    1. David Bruce Fife
    2. Daniel Ellis Rice
    3. Theodore W. Robinson
    3 lawyer answers

    The bondsman could sue on the contract which was likely drafted to be very favorable to the bondsman. It may contain a right to attorneys fees and court costs as well since it was drafted by them so you could be on the hook for more than the contract amount.

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  2. If I pay my warrant will I still get arrested?

    Answered over 1 year ago.

    1. David Bruce Fife
    2. Allen Rust Knox
    3. Patrick Owen Earl
    3 lawyer answers

    If the warrant is already out for you that means that the probation officer has submitted the request for a warrant and had the warrant signed by a judge which means that the probation officer cannot recall the warrant even if any arrears on the probation fine/fees are paid. You should get an attorney right away however so that the attorney can possibly negotiate something for you as soon as possible to reduce or eliminate any time in jail. This is particularly important in your case because...

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  3. My fiance was just sentenced to 40 years do 10 for burglary. Will he do 90% on recividist?

    Answered over 1 year ago.

    1. Benjamin David Goldberg
    2. David Bruce Fife
    3. John Arnold Steakley
    4. Jesse Cole Kent
    4 lawyer answers

    There is a difference between a judge or prosecutor calling someone a "recidivist" because they have prior felony convictions and someone being sentences "as a recidivist" under the recidivist sentencing statute. If he were to be sentenced under the recidivist statute, notice that recidivist punishment was being sought would have to have been filed by the prosecutor in advance of the plea. But if the defendant had just the two felonies that you mentioned, he would not have been eligible for...

    3 lawyers agreed with this answer

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  4. A written statement given to a retailer regarding theif can it be used against you with police

    Answered over 1 year ago.

    1. William A. Jones Jr.
    2. Robert C. Keller
    3. David Bruce Fife
    4. William Ray Pelger
    5. Francis John Cowhig
    5 lawyer answers

    As long as the statement can be authenticated, it can be admitted at trial or used for other purposes by the prosecution.

    5 lawyers agreed with this answer

  5. Under the new law effective July 1st,2013 ,(HB 1167) is the F.O.A or Conditional Discharge record restricted automatically?

    Answered almost 2 years ago.

    1. David Bruce Fife
    2. Robert M. Gardner Jr.
    3. Daniel Ellis Rice
    3 lawyer answers

    After the effective date of the legislation, criminal records of a defendant who pled guilty under O.C.G.A. 16-13-2 (Drug Conditional Discharge) will be restricted from disclosure to private persons and businesses once the defendant successfully completes the terms and conditions of his probation and the probation is closed. The restriction is effective upon the completion and closing of the probation.

    3 lawyers agreed with this answer

  6. My 14 year old that's been charged with burglary & theft by receiving stolen property (>$500). What should I expect?

    Answered almost 2 years ago.

    1. David Bruce Fife
    2. Rachel Aliza Elovitz
    3. Robert M. Gardner Jr.
    3 lawyer answers

    At her age, she will be handled in Juvenile Court so this won't give her a felony conviction like it would for someone who was 17 or older. Her Juvenile record will be sealed.

    2 lawyers agreed with this answer

  7. What is the minimum sentence for strong arm robbery under $150?

    Answered about 4 years ago.

    1. David Bruce Fife
    2. Michael Jason Rhoades
    3. Phillip Darrell Kimbrell
    3 lawyer answers

    The minimum is one year but the maximum is twenty years, so you want to have an attorney as soon as possible. The amount of money makes no difference (as long as something of value was taken by force or intimidation). The problem is that the prosecution sees this more as a crime of violence than a theft crime. That's why it is important to get an attorney as soon as possible to deal with the district attorney's office in a case like this. Be sure to get an experienced criminal defense...

    1 lawyer agreed with this answer

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  8. My fiancé was charged with trafficking cocaine 28 grams. He was never stop by police they never got any drugs off of him.

    Answered almost 2 years ago.

    1. Benjamin David Goldberg
    2. Noah Howard Pines
    3. David Bruce Fife
    3 lawyer answers

    Without actual possession, the state would have to prove constructive possession which means that they would have to show that your fiance exercised control over it even if he had not possessed it. With trafficking, they could also try to show a party to the crime of trafficking by knowingly assisting in some meaningful way. It sounds like an attorney is absolutely needed in his case since it is a defensible case and he is facing mandatory sentencing for trafficking. Feel free to call my...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  9. In a priliminary hearing of a domestic abuse case may the victim refuse to testify and request an attorney?

    Answered almost 2 years ago.

    1. David M. Stegall
    2. David Bruce Fife
    3. Ryan Michael Davidson
    4. Larry Thomas McMillan
    4 lawyer answers

    Laws related to domestic violence vary from state to state. In Georgia, the girlfriend could refuse to say anything but she could be compelled to take the stand and held in contempt for failing to answer. On January 1, 2013 even married victims of domestic abuse can be compelled to testify because Georgia is doing away with spousal immunity in domestic violence cases.

    3 lawyers agreed with this answer

  10. I am on probation in Georgia for a crime committed in Florida, whose sexual offender statutes and rules must I follow?

    Answered over 1 year ago.

    1. David Bruce Fife
    1 lawyer answer

    If the offense in Florida qualifies as a sexual offense under the Georgia Sexual Offender statute, you will have to comply with the Georgia Sex Offender statute. The sex offender statute in Georgia is strict with many conditions on where you can live, work and move so you should get a clear understanding about your obligations and restrictions under the statute. Violations of the Georgia Sex Offender Registry statute can result in new felony charges in Georgia in addition to potential parole...

    1 lawyer agreed with this answer