Does anybody know what the punishment is for a misdemeanor concealed weapon in Georgia?
My friends brother carries his gun for protection, he comes back home, and steps out of his car and sees a few of his friends that start talking to him, so him not thinking stayed out there..without going back into the house to put his gun back up, and apparently before he came the police had been called on the other guys(my friends brother of course didn't know this) so the police show up, and ask them if they have any weapons on them..and my friends brother says yes(while his hands are up) and says its in my pants, and he also tells him this gun is registered in my name..all you have to do is run the numbers, but the cop arrests him anyway.(mainly because he didn't have a license to conceal..only a license to carry). What do you think the punishment will be when he goes to court? He has a full time job, and has never been in any trouble before? He can't afford an attorney .. but when he wanted a court appointed attorney..they said he didn't qualify.
Answers:
Go to georgiadefenders.com to find out more information. On that website, you'll see a general question about misdemeanors - most are usually punishable by up to 12 months in jail. There's also a 'First Offender' law in Georgia which is explained on that same website.
hopefully jail time
Punishment.just like the title from a 1987 book by Judge Bruce Wright - Black Robes, White Justice: Why Our Legal System Doesn't Work For Blacks.
Probation...if he has a good lawyer, he could probably get it thrown out...
The maximum punishment for a misdemeanor in Georgia is up to a $1000 fine, up to 12 months in jail, both, or combination of lesser sentences. I do think if he has a clean record and its his first offense, he should probably get off with probation and time-served. It would help to get a lawyer, even the public defender.
16-11-126(c)
(c) This Code section shall not permit, outside of his or her home, motor vehicle, or place of business, the concealed carrying of a pistol, revolver, or concealable firearm by any person unless that person has on his or her person a valid license issued under Code Section 16-11-129 and the pistol, revolver, or firearm may only be carried in a shoulder holster, waist belt holster, any other holster, hipgrip, or any other similar device, in which event the weapon may be concealed by the person's clothing, or a handbag, purse, attache case, briefcase, or other closed container. Carrying on the person in a concealed manner other than as provided in this subsection shall not be permitted and shall be a violation of this Code section.
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I would have to assume that your friend did not qualify to have an APD represent him because when they did a financial affidavit on him, they determined he had enough financial resources to hire a private attorney.
Your friend could always contact the PDO himself and make a plea; tell him to ask if anyone there can take his case pro bono.
Bottom line: I would have to assume your friend finds himself in this mess because when the police officer checked him, your friend did not have on his person the license to carry a concealed weapon (as per Georgia requirements).
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