Legal Question in Criminal Law in Georgia

My husband was under the first offender act when he fired his firearm to scare off someone that was trying to steal our neighbors car. He was arrested and charged with possession of firearm by convicted felon under first offender. This took place in Feb 2011, since then he has maxed out on probation and awaiting court. He haven't been into any more trouble the entire five years he's been on probation. Neighbors have getting statements about also seeing suspicious people in the neighborhood. Even the neighbor's whose car was in jeopardy gave a statement of some damages to his door. What's the chances that he could receive more probation from this and no jail time?


Asked on 7/22/11, 5:07 pm

2 Answers from Attorneys
Lawrence Lewis Lawrence Lewis, P.C.

He wasn't charged with possession of a firearm by a convicted felon, he was charged with possession of a firearm by a 1st offender probationer. Whether or not he gets jail time is a function of many things: (1) the offense that put him on 1st offender probation; (2) the judge; (3) the evidence in the case; (4) the prosecutor; (5) the experience of his defense attorney. See my website for factors making up plea offer: www.lawrencelewispc.com And my podcast on why the offer is sooo high. Good luck.

Lawrence

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Answered on 7/22/11, 5:17 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

He needs a very good attorney and he should probably expect a probability of some jail time and loss of his first offender status. How bad it gets depends on what you didn't tell us (the original offense, the judge, the evidence, etc) and partly on how good his lawyer is and how fact he gets counsel. The fact there is crime in the neighborhood is not going to help when he knowingly gets a gun he isn't allowed to have because he simply cannot have one.

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Answered on 7/22/11, 5:51 pm


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