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James Wrixam McIlvaine's Answers
- 61 Legal Answers
- 0 Legal Guides
1
Attorney answers:
Can I get a restraining order against someone who is constanly blackmailing/harassing me
Yes. You should go to your local Magistrate Court and seek a restraining order against this person. Even though the individual is located outside the State of Georgia, they are subject to Georgia law because they are blackmailing/harassing a citizen of Georgia in Georgia. Should they violate a valid restraining order from having contact with you - they will have committed the felony offense of Aggravated Stalking subjecting them to arrest and prosecution. If a warrant issues for...
9 people marked this answer as helpful
4
Attorney answers:
Check fraud
It depends on the nature of the charges. If the charge is based on a forged check, i.e. forgery, that charge carries a prison sentence between 1 and 10 years. However, forgery sentences can be probated. Therefore, if it is your first forgery, and you have no prior felony record, than you are likely to be offerred a probated sentence from the District Attorney's office. However, each case is different and there is not guarantee what your offer would be. If you take it to trial and lose...
6 people marked this answer as helpful
3
Attorney answers:
I have a forgery in the first degree charge for money orders that i did nto know was fake what should i do?
People are charged with crimes they did not commit everyday. I take it that you are out on bond so the first thing you need to do is relax and reflect on everything that has occurred surrounding the money orders. Write out a time-line of everything that has occurred...dates, conversations, actions taken, what was said and by whom. You need to print out and save all of the emails on regarding the money orders. Do not erase them from your computer. You will need to hire a Criminal...
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1
Attorney answers:
SIMPLE BATTERY CHARGE IN GA.
Simple Battery is a misdemeanor offense in Georgia that carries up to one year in the county jail upon conviction. However, the sentencing range for a first offense is generally probation for a year with a minimal jail sentence. Much depends on your particular situation and the posture of the victim, the arresting officer and/or prosecutor. In simple battery situations, the alleged victim's input can often sway a prosecutor either to drop the charges or increase the sentencing range that...
4 people marked this answer as helpful
3
Attorney answers:
Can a person be arrested and held in county jail for aggravated assault when no physical contact was made?
Threatening someone with an object that, if used offensively, could cause serious bodily injury or death is an aggravated assault. It is never necessary to actually use the weapon offensively. The Fulton County district attorney does not have to drop the charges, even if your boyfriend's family doesn't want him prosecuted. This is often referred to on the street as, "The State picking up the charges" from the victim. In any case, committing an aggravated assault is an offense not only...
4 people marked this answer as helpful
2
Attorney answers:
Time in a Georgia Adult Probation Detention Center
The amount of time an adult probationer will spend in a probation detention center is set either by a Judge or plea agreement between the criminal defendant and the State. In the case of an agreement between the State and the Defendant - the Judge must approve and accept the agreement before sentencing. If there is no agreement, the Judge will hear from probation, defense counsel and the prosecution for any reccomendations as to sentence. He will consider each probationer on a case by case...
4 people marked this answer as helpful
2
Attorney answers:
Under GA criminal procedure can a minor be charged as an adult
It depends on the time frame involved and the charges alleged. A 17-year-old defendant is treated as an adult in Georgia. Jurisdiction vests in Superior Court (adult court) for any child aged 13-17 who is accused of Murder, Voluntary Manslaughter, Rape, Armed Robbery w/ Firearm, Aggravated Child Molestation, Aggravated Sodomy, or Aggravated Sexual Battery. This means that if a child is accused of any of these offenses - they will be prosecuted as an adult unless the case is transferred...
3 people marked this answer as helpful
5
Attorney answers:
Georgia Probation Detention Centers
The amount of time an adult probationer will spend in a probation detention center is set either by a Judge or plea agreement between the criminal defendant and the State. Any PDC sentence must be indeterminate (meaning it has a range of months to serve). For example, a common PDC sentence is 300-365 days; whereas a probationer who has no violations at the detention facility (such as fighting, etc...) will be released after 300 days. Should that probationer accrue violations at the facility -...
3 people marked this answer as helpful
1
Attorney answers:
Probation violation, missed calendar call court date
If he is supposed to be in court and he does not show up, it is very likely that a bench warrant will issue for his arrest. Additionally, if he is on felony probation in Georgia and he moved to Texas without transferring the probation there via an interstate-compact agreement - he may be subject to a felony probation warrant. On the bench warrant front - should he have a legitimate excuse approved by the court and Ok'd through his attorney to miss court - it should not be a problem....
2 people marked this answer as helpful
4
Attorney answers:
Sentenced to Probation Detention Center but Sent to State Maximum Security Prison
When someone is convicted of a felony and sentenced to Georgia state probation - they are committed to the department of corrections for a period of time but are allowed to serve their prison sentence in the outside world with certain specified conditions of probation. In other words - someone who is on probation is serving prison time outside of prison. If a probationer commits technical violations, such as failing to report to the probation office, they are subject to being revoked up to...
2 people marked this answer as helpful