Am I Going to Jail for This?

[JRob34]

My question involves criminal law for the state of: Georgia

I am a 22 year old full time student at West Georgia currently on
probation for a DUI charge from last year. (The case was ended in Feb. and thats when my probation started) I have already completed the
probation requirements and have already had my license re-instated.
However, I am still on probation where I check in, and pay my monthly
fee.

Last night I was outside my apartment when a fight was taking
place. I yelled out to some people below to "kiss my ass" or something
of the sort and then was later greeted at my door by the three police
officers who thought I was talking to them.

My room-mates and myself decided not to open the door, not thinking it was
a big deal and we all just went to sleep. Around 6am the officers came
into the apartment with a warrant to find the subject that yelled (disorderly conduct) even though the name on the
warrant was for a suspected [Joe Smith], and My name is [Steve]. It also had a description of "the subject" wearing jeans and a hat... when in fact it can be proven that all night I was in shorts and no hat.

The officers opened every door in the apartment (including all of my room-mates) and pulled myself and the others into the living room to try to find out who yelled... and why we wouldn't open the door. (RIDICULOUS I KNOW)

The officers then charged me "the suspected yeller" with
disorderly conduct, and misd. obstruction of an officer because none of us would rat on each other. Upon making these arrests the officers located less than one gram of marijuana in the apartment and also charged only me with misd possession of marijuana. I have never had any of these charges before, really the only thing on my record is the DUI. I am very concerned about the probation violation and want to do anything it takes to stay out of jail. Am I automatically going to jail? If I talk to my p.o. about this is he automatically going to violate me and put me in the slammer? I'm so scared about all of this, and I'm willing to do anything to stay out of jail... WHAT SHOULD I DO?

btw. I don't have money for a lawyer... but I was thinking about getting some free consultations and then seeing what the crappy court appointed lawyer could do.

ANY HELP IS GREATLY APPRECIATED!!!

thanks...

[LawResearcherMissy]

My room-mates and myself decided not to open the door, not thinking it was a big deal and we all just went to sleep.

When three police officers bang on your door and say "Police!", I promise you, it IS a big deal. "Ridiculous" is not being questioned, "ridiculous" is not opening the door to begin with.

crappy court appointed lawyer

Stop there.

That court appointed attorney went to school just like every other attorney, sat for (and passed) the bar, just like every other attorney, then for some unfathomable reason decided he should dedicate his life to helping ignorant nits who can't be bothered to scrape up the cash for a private attorney and dog them all the while as "crappy".

If you don't think a court appointed attorney is good enough for you, what in the seven hells do you think a bunch of complete strangers on the internet - most of whom aren't even attorneys - are going to be able to do for you?

[BOR]

You need to make sure the arrest warrant was for disorderly conduct, you may just think it was.

I can NOT in my mind see a Judge signing an arrest warrant for such a minor charge instead of the police just issuing a citation to the person who yelled it.


On another note, IMO what you said was protected speech, IF it was NOT in connection with/in addition to, any other behavior that would sustain the charge. You said there was a fight going on, so they evidentally had enough probable cause to present to an independent magistrate under affidavit, that you were involved in the diroderly roustabout.

As I said, I just can not see any Judge approving an in home arrest warrant for simple name calling, even if it rose to a chargeable level!!!


If you do not have the funds to retain an attorney, you have no choice but to accept a public defender.

GA law provides for the arrest without a warrant for a crime committed in the officers presence. However, since you retreated into your home a warrant was sought.

Ga. Code Ann. §17—4—20(a) (Supp. 1996) (“for a crime … if the offense is committed in [the] officer’s presence”);

[JRob34]

okay... well it was a search warrant... I have it right here. A search warrant for me.

also... Im not as concerned about the charges as I am about my probation violation. I just am wondering what will actually happen to me as a result of this probation violation? Am I going to jail as soon as my PO finds out? or... Do I have to be convicted first? Or what???

Any help is appreciated.


Also, I'm sorry for badmouthing court appointed attorney's and saying the police are ridiculous. I am just really upset about many things going on right now.

[aaron]

What does the affidavit in support of the warrant say? Simply that you yelled at the police, they have reason to believe you are inside the apartment, and want to charge you with disorderly?

The terms of your probation probably require you to inform your probation officer of the new charge. What happens next is in large part up to your probation officer - whether you're picked up on a probation violation and have to bond out, whether it's scheduled for a hearing, or whether you get a warning, or... whatever else the probation officer thinks is appropriate.

[BOR]

okay... well it was a search warrant... I have it right here. A search warrant for me.

A search warrant to arrest?? If the police intended to arrest YOU and they knew you did not reside where you were, then as a 3rd party residence, they would need a search warrant in addition to an arrest warrant, yes, BUT you say you indeed lived there, so I don't know what the SW is all about??

What exactly does it say?? The police don't apply for a SW just to arrest a person?

[JRob34]

Here's exactly what it says:

Search Warrant In the magistrate court of Carroll County - State of georgia

blah blah blah an officer charged with the duty of enforcing the criminal laws, that he has the reason to beleive that in carrollton, Carroll County Georgia the described following person, premisies, or property of XXXXXXXXXXXXX (then it goes on to describe the build, and the outside of my apartment.

The next paragraph says : There is now located certain instruments, articles, person(s), or things namely :Specify evidence, contraband or persons to be searched for : The person of chad XXXXXXXX unknown date of birth or social. the above is described as being a white male in his early twenties and was last seen wearing blue jeans and a white in color ball cap. the above subject is described as being approximately 510 and medium build and has dirty blonde hair.

Which is in reference to an investigation of: Obstruction of a law enforcement officer and disorderly conduct

blah blah blah


Im actually 6 ft 2, my name is actually Josh XXXXXXX, and I was not wearing either jeans or a baseball cap and I can provide witnesses to testify that as well...

this is basically a case of the police had nothing better to do than everything in their power to bust me for yelling. The police beleived that I said "kiss my ass" to them... when in all actuality I was yelling at my friends across the way. After they had already came in they didn't care to hear my story at all.

[JRob34]

thanks.


Also... I just found out my probation office knows of my arrest. However, they haven't issued a warrant yet. Im scared as shit.

[JRob34]

Im also wondering... if he does put in a warrant for my probation violation is it likely that the police will come to my apartment and try to get me?

SOMEONE PLEASE TELL ME WHAT IS LIKELY TO HAPPEN CONSIDERING MY CASE AND CIRCUMSTANCES...

[Mr. Knowitall]

Also... I just found out my probation office knows of my arrest.

No surprise there. That's why you should tell your probation officer before he finds out somewhere else.

Im also wondering... if he does put in a warrant for my probation violation is it likely that the police will come to my apartment and try to get me?

The cops who thought it worth your while to get a search warrant to look for you? If they get wind of it, I think they'll happily revisit your house. Beyond that, you're asking us to predict the future and we simply can't do that. Most people with warrants get picked up during a traffic stop. Some people on probation get picked up when they go in for their scheduled probation meeting.

SOMEONE PLEASE TELL ME WHAT IS LIKELY TO HAPPEN CONSIDERING MY CASE AND CIRCUMSTANCES...

That's what your lawyer is for. Really, there's something going on here that I don't have enough information to assess - those officers went through a lot of trouble to get to you - and I don't know how that particular element will play into the probation violation or disposition of the new charge.