Benjamin A. Davis Jr.’s Answers

Benjamin A. Davis Jr.

Atlanta Criminal Defense Attorney.

Contributor Level 7
  1. Under GA criminal code what are the statute of limitations on a child cruelty charges

    Answered over 5 years ago.

    1. Benjamin A. Davis Jr.
    2. Parag Yogesh Shah
    2 lawyer answers

    The question presented is whether a cruelty to children case can be indicted after 6 years? The answer is as of July 1, 2002, the State would have as a general matter seven years from the date of the commission of the crime ... pursuant to O.C.G.A. §17-3-1( c). However, before July 1, 2002, the seven year statute of limitations only applied to victims who were at the time of the commission of the offense under the age of 14. Accordingly, if the crime occurred before said date,...

    10 people marked this answer as helpful

  2. Did not receive warrant hearing.

    Answered over 5 years ago.

    1. Benjamin A. Davis Jr.
    1 lawyer answer

    The question presented is whether a warrant can be quashed because the person taking out the warrant mislead the Court by submitting a false address for the person whose arrest was sought? The answer is it depends on whether there existed probable cause for the arrest despite the fact that the person whose arrest was sought was never notified? While it is true that pursuant to O.C.G.A. §17-4-40(b)(2) that a warrant application hearing shall be conducted only after attempting to notify...

    4 people marked this answer as helpful

  3. Restraining order for emailing?

    Answered over 5 years ago.

    1. Benjamin A. Davis Jr.
    1 lawyer answer

    The issue presented is whether contacting another person via e-mail constitutes sufficient grounds for said person to obtain a protective order? The answer is that it would be up to the Judge who hears your case. As a general mater, pursuant to O.C.G.A. §16-5-94(a) A person who is not a minor who alleges stalking by another person may seek a restraining order by filing a petition alleging conduct constituting stalking as defined in Code Section 16-5-90. O.C.G.A. §16-5-90(a)(1)...

    3 people marked this answer as helpful