Legal Question in Criminal Law in Georgia

My friend was stopped in Ga in 2003 for weaving in the road (suspicion of DUI). He gave permission for officer to search vehicle, drugs were found, he was charged with possession with intent to distribute. Fast forward, court finally goes to trial in Mar '09. He got 5 years. He thinks that since he was not issued a ticket citation that he has a case for false imprisonment. Also the arresting officer was at a hearing in 2004, but not in 2009, but the original transcripts were used with the officer's testimony, is that legal. One more thing, the first judge that heard the case told the DA that he was gonna do a probable cause case, when he finally went to court in 2009 it was another judge and he just heard the case and sentenced him. Is the second judge bound by whatever it was that the first judge said. I am not sure he is and it seems to me that everything was maybe on the up and up, but he is convinced that he has grounds to sue for false imprisonment. By the way, he is not a Ga resident, he is an Ala resident.


Asked on 2/23/10, 10:50 am

1 Answer from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Surely, since he was charged with a felony, he had a lawyer. I doubt you'll find many if any attorneys who are going to give you much of an answer, since none of us were there, but the first lawyer was and knows way more about the whole situation. Ask him or her.

Read more
Answered on 2/28/10, 11:04 am


Related Questions & Answers

More Criminal Law questions and answers in Georgia