Coronavirus Quarantine Rights

[Twiztid]

$1k fine & 1 yr in jail/prison (max sentences) is a felony.

I work for a local government. Though this may be a felony under federal rules, the penalties are in line with a misdemeanor in Georgia. "A misdemeanor offense is a crime punishable by up to 12 months in jail and a maximum fine of $1,000. Misdemeanor offenses in Georgia include shoplifting, DUI in Georgia, possession of marijuana less than one ounce, and public intoxication."

"All crimes punishable by a sentence of one year or more in prison are felonies under Georgia’s laws."

 

[41mag]

I want to get knowledgeable about this before it possibly happens in the U.S., especially after seeing Italy. What established legal powers does the government or do CDC directives have to mandate on-property or in-home quarantines? Are there arrest powers already established for disobeying a mandatory quarantine?

They will do anything they want.....until someone says enough, takes a stand and ends up in the dirt. Then just a blip in the media, betrayed as a nut. SMH

 

[41mag]

I work for a local government. Though this may be a felony under federal rules, the penalties are in line with a misdemeanor in Georgia. "A misdemeanor offense is a crime punishable by up to 12 months in jail and a maximum fine of $1,000. Misdemeanor offenses in Georgia include shoplifting, DUI in Georgia, possession of marijuana less than one ounce, and public intoxication."

"All crimes punishable by a sentence of one year or more in prison are felonies under Georgia’s laws."

Yep, and sentences of 1 year and a sentence of up to 12 months is two different things i understand. For instance, you can be sentenced to 24 months and will do county/local time. If your sentence is 2 years you will go to state/fed prison. Two different places.
I could be and am probably wrong about this. But this was told to me by a judge in my fam.

 

[41mag]

I work for a local government. Though this may be a felony under federal rules, the penalties are in line with a misdemeanor in Georgia. "A misdemeanor offense is a crime punishable by up to 12 months in jail and a maximum fine of $1,000. Misdemeanor offenses in Georgia include shoplifting, DUI in Georgia, possession of marijuana less than one ounce, and public intoxication."

"All crimes punishable by a sentence of one year or more in prison are felonies under Georgia’s laws."

Maybe the up to & more than part is what applies....hell im not sure anymore, too old to remember .....lol

 

[Twiztid]

Yep, and sentences of 1 year and a sentence of up to 12 months is two different things i understand. For instance, you can be sentenced to 24 months and will do county/local time. If your sentence is 2 years you will go to state/fed prison. Two different places.
I could be and am probably wrong about this. But this was told to me by a judge in my fam.

For more than one charge that is correct. But for an individual charge like this states it carries a max of up to 1 year. Here goes the long list. We might both be wrong here, who knows. If you get charged with multiple misdemeanors they can stack, but you couldnt get say 1 year and 1 month for a single misdemeanor charge.

Here's the Georgia code:


010 Georgia Code
TITLE 17 - CRIMINAL PROCEDURE
CHAPTER 10 - SENTENCE AND PUNISHMENT
ARTICLE 1 - PROCEDURE FOR SENTENCING AND IMPOSITION OF PUNISHMENT
§ 17-10-3 - Punishment for misdemeanors generally
O.C.G.A. 17-10-3 (2010)
17-10-3. Punishment for misdemeanors generally


(a) Except as otherwise provided by law, every crime declared to be a misdemeanor shall be punished as follows:

(1) By a fine not to exceed $1,000.00 or by confinement in the county or other jail, county correctional institution, or such other places as counties may provide for maintenance of county inmates, for a total term not to exceed 12 months, or both;

(2) By confinement under the jurisdiction of the Board of Corrections in a state probation detention center or diversion center pursuant to Code Sections 42-8-35.4 and 42-8-35.5, for a determinate term of months which shall not exceed a total term of 12 months; or

(3) If the crime was committed by an inmate within the confines of a state correctional institution, by confinement under the jurisdiction of the Board of Corrections in a state correctional institution or such other institution as the Department of Corrections may direct for a term which shall not exceed 12 months.

(b) Either the punishment provided in paragraph (1) or (2) of subsection (a) of this Code section, but not both, may be imposed in the discretion of the sentencing judge. Misdemeanor punishment imposed under either paragraph may be subject to suspension or probation. The sentencing courts shall retain jurisdiction to amend, modify, alter, suspend, or probate sentences under paragraph (1) of subsection (a) of this Code section at any time, but in no instance shall any sentence under the paragraph be modified in a manner to place a county inmate under the jurisdiction of the Board of Corrections, except as provided in paragraph (2) of subsection (a) of this Code section.

(c) In all misdemeanor cases in which, upon conviction, a six-month sentence or less is imposed, it is within the authority and discretion of the sentencing judge to allow the sentence to be served on weekends by weekend confinement or during the nonworking hours of the defendant. A weekend shall commence and shall end in the discretion of the sentencing judge, and the nonworking hours of the defendant shall be determined in the discretion of the sentencing judge; provided, however, that the judge shall retain plenary control of the defendant at all times during the sentence period. A weekend term shall be counted as serving two days of the full sentence. Confinement during the nonworking hours of a defendant during any day may be counted as serving a full day of the sentence.

(d) In addition to or instead of any other penalty provided for the punishment of a misdemeanor involving a traffic offense, or punishment of a municipal ordinance involving a traffic offense, with the exception of habitual offenders sentenced under Code Section 17-10-7, a judge may impose any one or more of the following sentences:

(1) Reexamination by the Department of Driver Services when the judge has good cause to believe that the convicted licensed driver is incompetent or otherwise not qualified to be licensed;

(2) Attendance at, and satisfactory completion of, a driver improvement course meeting standards approved by the court;

(3) Within the limits of the authority of the charter powers of a municipality or the punishment prescribed by law in other courts, imprisonment at times specified by the court or release from imprisonment upon such conditions and at such times as may be specified; or

(4) Probation or suspension of all or any part of a penalty upon such terms and conditions as may be prescribed by the judge. The conditions may include driving with no further motor vehicle violations during a specified time unless the driving privileges have been or will be otherwise suspended or revoked by law; reporting periodically to the court or a specified agency; and performing, or refraining from performing, such acts as may be ordered by the judge.

(e) Any sentence imposed under subsection (d) of this Code section shall be reported to the Department of Driver Services as prescribed by law.

(f) The Department of Corrections shall lack jurisdiction to supervise misdemeanor offenders, except when the sentence is made concurrent to a probated felony sentence or when the sentence is accepted pursuant to Code Section 42-9-71. Except as provided in this subsection, the Department of Corrections shall lack jurisdiction to confine misdemeanor offenders.

(g) This Code section will have no effect upon any offender convicted of a misdemeanor offense prior January 1, 2001, and sentenced to confinement under the jurisdiction of the Board of Corrections or to the supervision of the Department of Corrections.

 

[Twiztid]

Federal law can supersede Georgia law per the constitution, but man I'm not a lawyer so someone more knowledgeable could chime in and correct us both. Lol. Thanks for having the discussion!

 

[41mag]

Very informative. Hopefully none of us never need it .

 

[41mag]

Sorry for the derail Mrs_Esterhouse - the thread is all yours again !

 

[BH-ATL]

I think law enforcement could be just a portion of your problems. Imagine if you were determined to to have COVID-19 and told to self quarantine and you ignored that order. Subsequently, people you come in contact with also catch the virus and maybe one dies and a business you visited spends big bucks sanitizing the location but patrons never return. Would you be liable for negligently exposing these people?

 

[Psilloh1]

I think law enforcement could be just a portion of your problems. Imagine if you were determined to to have COVID-19 and told to self quarantine and you ignored that order. Subsequently, people you come in contact with also catch the virus and maybe one dies and a business you visited spends big bucks sanitizing the location but patrons never return. Would you be liable for negligently exposing these people?

I would think you would be negligible... I think it would be hard to prove you were the person who exposed CV to a patron or business...