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Ask Roger Your Own Question

Roger
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 26578
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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can I ask a question please

Resolved Question:

can I ask a question please
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Roger replied 10 months ago.

Roger :

Hi - my name is XXXXX XXXXX I'm a Criminal Law litigation attorney. Thanks for your question.

Roger :

I'll be glad to assist.

Roger :

What's your question?

Customer:

Sir,

Customer:

I was on Fort Stewart, GA. I am a retired military member

Customer:

I have an anti-Obama sticker on my car

Customer:

I was told by two off duty MP's I could not have that sticker

Customer:

I informed them I was a civilian and under the 1st Amendment could have it

Customer:

It turned into an argument. they called on duty MP's

Customer:

subsequently I was apprehended. I was given a citation to appear in Federal Magistrate Court for the offense of simple assault

Customer:

I touched no one

Customer:

I am retired from the army as a CID (Criminal Investigations Special Agent). I was informed by friends at the MP station that this incident was overreacted and may be terminated

Customer:

I no this is a misdemeanor in GA

Customer:

what is the likely punishment if found guilty

Roger :

It sounds like the MP's were the aggressors in the matter as they never should have said anything to you about your vehicle sticker.

Customer:

correct

Customer:

there is no policy on the installation and they were so informed after the fact

Customer:

the fact is they got in an argument and lost and then called the on duty MP's. Then lied when about me touchjing one

Customer:

they also refused to take a statement from my wife who watched the incident but took one from another Soldier who witnessed the event

Roger :

You have the right to defend yourself against these charges, and you should consider consulting a local defense attorney to do so.

Customer:

I also no the area was covered by the PX surveillance camera's

Roger :

Give me a moment and let me look up the Ga. Statute for Simple Assault.

Customer:

16-5-20

Customer:

Code 120

Roger :

I saw that. I was looking up the penalty.....

Customer:

thanks

Roger :

Simple assault is a misdemeanor as you mentioned, and the maximum penalty for any misdemeanor is $1000 fine and up to 12 months in jail. Here's the statute: http://www.sodomy.org/laws/georgia/misdemeanors.html

Customer:

what is the likelihood for jail in a incident like this

Roger :

However, this is the most extreme outcome. It would be very unlikely that you would receive any jail time for something like this - - especially if no one was injured.

Customer:

no

Roger :

The most likely outcome would be probation and a fine of $300-$500.

Customer:

going to Federal Magistrate you are not required an attorney

Customer:

should I get one?

Customer:

under the GA first offenders act can this we dismissed?

Roger :

It would be best to hire a local attorney to try and work out a deal with the prosecutor so you know what you're going to do before you get to court.

Roger :

Your attorney could try to reach a deal where you could receive deferred adjudication or pre-trial diversion so you can serve probation and have the charge dismissed from your record.

Customer:

ok thank you for your assistance. I appreciate all the help

Customer:

thanks again

Roger :

These are possible options, but you would really need an attorney to try to work such a deal with the prosecutor before your court date.

Customer:

ok

Customer:

thanks

Roger :

No problem. Thank you for allowing me to assist, and I wish you luck with this.

Roger :

If you need anything further, please let me know.

Customer:

thank you have a good one

Customer:

I will

Roger :

If you need assistance with finding a local attorney, you can visit www.martindale.com and find an attorney by area of practice and location.

Customer:

ok

Roger :

Have a good day!

Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 26578
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 9 other Criminal Law Specialists are ready to help you

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