Legal Question in Criminal Law in Georgia
My girlfriend got charged with assault for throwing a shot glass in a bar when she was pretty drunk back in 2010. The shot glass didn't hit anybody, just a wall. When she appeared before the judge she had said that she was dismissing the charge and that if my girlfriend brought back completed anger management that it would be wiped off her record. Well, long story short she completed the anger management class but never turned it in. Now she got picked up for a failure to appear that was from an arraignment date in 2011 (over a year later) which they have no record of the previous deal or court date that she went to and we never received anything from the courts saying that she had another court date (possibly sent to the wrong address). Beyond that, the charge was changed from assault to battery with visible marks shown which makes no sense at all. This whole thing is insanely confusing and she is supposed to appear in court this Thursday and we have no clue what is going to happen or what is going on. Any advise that you could give us on why this could have happened and what we should do would be greatly appreciated.
3 Answers from Attorneys
Your girlfriend is not telling you all the facts.
When a person receives a deferred disposition and is orrdered to anger management, paperwork is done and she receives a new court date. The deal is simply do what the judge says and get charges dropped, or fail to do so and you lose that benefit and get tried. And if you add to that the foolish step oif not coming to court as ordered, you have a second crime.
When she failed to appear to bring in proof on anger management, a warrant for her arrest was issued.
She needs to have a lawyer when she appears, and she needs to be a lot more honest with the lawyer about what was said in court in 2010 than she has been with you.
What is "insanely confusing" is why your girlfriend, who has been charged with a serious crime, does not have a good criminal lawyer. Is her freedom and criminal record so unimportant that she risks it all on the information her boyfriend gets on the internet? What she should do is the same answer now as it was in 2010 - get a criminal lawyer.
You need to retain an attorney. If all of the facts are true, all your girlfriend had to do is complete anger management and turn in the paperwork, which she DID NOT do. So, her case continues. While I don't know all of the facts, I know that she needs an attorney. See website on how to find the right attorney: www.lawrencelewispc.com
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