Legal Question in Criminal Law in Georgia

Felony False Imprisonment

What exactly is false imprisonment; how is it different from kidnapping? I filed a complaint against my boyfriend and this was one of the charges (as well as a minor traffic violation and mis. obstruction) for which he was arrested. Is it possible to have charges dropped after an arrest? Can prosecution still seek felony without my testimony?

Asked on 3/10/05, 3:19 pm

2 Answers from Attorneys

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys
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Re: Felony False Imprisonment

It is the prosecutor's decision whether to pursue charges or not, not the witnesses or other involved parties. However, often times the case will be very weak if the main witness refuses to testify.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

glyon@macgregorlyon.com

www.macgregorlyon.com

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3/11/05, 8:56 am
Jim Hough Thomas J. Hough, Jr., P.C.
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Re: Felony False Imprisonment

False imprisonment is holding one against his or her will without legal authority. Kidnapping also involves the element of asportation, that is, transporting the detained person to a place where he or she did not intend to go.

It is difficult to prosecute certain crimes without the testimony of the victim, but it is not always the case that charges will not be pursued if the complaining party refuses to testify.

If you wish to discuss this further, please call.

Jim Hough

770-607-5300

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3/11/05, 9:57 am

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