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Was I a victim of false imprisonment?

Commerce, GA |

My husband is testifying against a woman he had an affair with. The woman's niece works with my husband and has been giving him angry looks at work. I received 5 phone calls in a row one evening asking if my son (saying his name) was in bed. We feared it was this niece. My husband confronted her at work. Later that afternoon I saw her and pulled along side her and yelled out my vehicle window that I couldn't believe she was threatening my family. I followed her for a short distance and turned around. Later drove to find her house to see the vehicles they drove in case I saw them driving by my home. I was on a public road when she and her husband pulled in front of and behind me so I could not continue move. I never entered their property at any time. I was arrested for stalking.

Attorney Answers 5


  1. Perhaps what you have described may fit a fact pattern. However, as you were the one arrested, it is unlikely any officer would swear out a warrant for them for false imprisonment. Better to get an attorney to avoid this charge, as it will lead to provisions in your bond or a sentence which would give these people the key to have you arrested any time you came near them, and given the facts you have mentioned, this could get very ugly for you.

    The above information is general in nature. In order to obtain more specific and legal advice upon which to base your important decisions, please contact our office directly for a free phone or in person consultation. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP hmgrmg@yahoo.com 53 W. Candler St. Or 718 Oak St. Winder, Ga. 30680 Gainesville, Georgia (770) 307-4899 (770) 538-0555 gadebtlaw.com hicksmasseyandgardner.com serving metro Atlanta and all of Northeast Georgia Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation


  2. As a matter of general information, you have a right against self incrimination under the 5th Amendment, and you should exercise that right by remaining silent in the face of pending criminal charges. Hire the best lawyer you can afford, as soon as possible, and follow that lawyer's advice. If you are indigent, apply for the public defender to be appointed to represent you.

    Answers to questions on this web site are for informational purposes only and do not constitute legal advice. Unless you and Troy W. Marsh, Jr. have signed a written contract, Troy W. Marsh, Jr. is not your attorney, and you are not his client. www.marshlaw1.com troy@marshlaw1.com


  3. Based on the very limited facts you have provided, it doesn't sound like there is much of a case for false imprisonment. However, it does sound like a fairly decent case against you for stalking. Hire an attorney.

    Potter Sieg, LLC Phone: 404-270-9289 Fax: 404-935-9308 psieg@pottersieg.com Paul J. Sieg is a criminal defense and entertainment law attorney licensed to practice law in the State of Georgia. All information provided is based on Georgia law and federal law, where applicable, and is not necessarily directly applicable to any other jurisdictions, states, or districts. This response is not legal advice and does not create an attorney/client relationship. Rather, this response is in the form of legal education, and is intended to provide general information. Any specific concerns should be directed to an attorney who is licensed to practice law in your respective jurisdiction.


  4. Stop trying to play Columbo and do your own detective work. Retain an experienced local criminal litigator to help you with this matter.

    There is no confidentiality online. Do not talk to the police without an attorney. You are presumed innocent until proven guilty beyond a reasonable doubt. The likelihood of a positive outcome- exoneration or a mitigated sentence- is increased with the help of an experienced criminal litigator. Seek out an experienced criminal litigator for a free consultation. If you cannot find one on Avvo, search at the National Association of Criminal Defense Lawyers (NACDL.org) Speak to several attorneys and hire the one that makes you feel confident and comfortable. NACDL local members: http://tinyurl.com/8ru8wtv

    Go to Trial: Crash the Justice System
    http://www.nytimes.com/2012/03/11/opinion/sunday/go-to-trial-crash-the-justice-system.html?_r=0

    Good Luck,

    JR

    James Regan, LL.M*, Esq.
    *Master of Intercultural Human Rights Law
    jreganllm@gmail.com

    https://twitter.com/JReganLLM
    https://www.facebook.com/defendme.net (Visit us on Facebook)

    Educational purposes answer. | FACDL.org | NACDL.org | Defendme.net | twitter.com/JReganLLM | Non-privileged answer.


  5. By whom? The police?
    Your more pressing issue is hiring a lawyer to represent you for the stalking case. That should be your main concern.

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