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My bf has been charged with aggravated stalking

Warner Robins, GA |

we have been living together since his stalking charge and did not know about him not being able to be near me. he is in the state of georgia no bond has been posted, he is also on probation for a dui so i dont know if that will affect him. i leave for the military soon and i need him out before i leave.

Attorney Answers 2

Posted

He should not have been charged with aggravated stalking if you consented to the contact.

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Asker

Posted

he was taken away as soon as the cops heard he had signed that paper, i keep calling the jail and they tell me he is not bondable. is there anything i can do? thank you so much for replying

Noah Howard Pines

Noah Howard Pines

Posted

He needs a lawyer immediately.

Asker

Posted

is there a way that i can drop charges from before?

Posted

Consent is a defense to an aggravated stalking charge. Moreover, if this was not a Family Violence TPO that he violated, there is no criminal recourse for violating the order with consent (note: you can be arrested for violating a FV TPO with or without consent). If it was a bond condition on his stalking case, the most they could do is revoke his bond. If it was a condition of his stalking sentence, the most they could do is revoke his probation. However, a new charge is not appropriate under these facts. He needs a lawyer to request a preliminary and bond hearing in this matter. A motion to dismiss can then be made at that hearing once you testify that you were allowing him to live with you. You cannot do this for him since you are not licensed to practice law. Moreover, he cannot effectively do this himself because someone needs to be able to cite the judge to the appropriate caselaw in support of this position. The best thing you can do for him is retain an attorney for him.

Allen R. Knox
125 TownPark Drive, Suite 300
Kennesaw, GA 30144
(678) 334-1399

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Asker

Posted

can he have a public defender in there to request it? they said he needed the superior judge to set his bond and he has not seen one but i dont know how long it would take for him to see one.

Allen Rust Knox

Allen Rust Knox

Posted

Don't expect a public defender to do what I have suggested. They will likely file no additional motions and wait for the bond hearing. They will probably get your boyfriend a bond, but it may not be one that he can actually make. If he does make bond, he won't see or hear from them again until he has been indicted and the case is on an arraignment calendar. You get what you pay for.

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