In the state of Georgia. My daughter was under the influence of drugs, she went to a friend's house to get help. No one was at home. She went up to one of his vehicles that was unlocked and sat in it for a while. She realized the keys were in the car so she started the car and went to drive off,... Read more »
Based on what you wrote out, the charges "appear" correct but may not be what she ends up with based on the scenario that you gave. If she entered into the vehicle and was using drugs and then drove the vehicle then the officer can charge her with DUI. O.C.G.A. 40-6-391 has a subsection that deals...Read more »
If you have a prior charge, then the chances of the state (prosecutor) allowing you to use anything like pretrial diversion have gone down significantly. The chances do go up, however, if you can employ an attorney. Keep in mind that some counties will only let you into the program if you have an...Read more »
Your question really depends with what you are charged. Some charges take an inordinate amount of time to litigate correctly. Many charges, however, can be accelerated by, or through, the use of an attorney.
In order to remotely answer your question we would need way more information. Are you getting help from an attorney? What are the facts of your case? Impossible and would only be able to speculate without at least some information about your situation.
Without knowing more it is difficult to answer this question. The officer should take into account any driving manifestations as well as personal manifestations. Although typically it is required to do all the Standardized Field Sobriety Tests, sometimes the officer can arrest with less BUT you...Read more »
Generally to have a case that the prosecution can uphold it is best for the officer to do more than nothing. Its important to get the discovery in this case and review it for additional issues that will assist in defending this case. The short answer, however, is yes, if the officer has enough to...Read more »
Many factors go into answering your question. If the officer thinks that you are driving under the influence and you refuse the tests, then they will normally arrest you based on that suspicion and your refusal. It is unclear what the "another county" means in your post, however.
You will need to post this question in a Tennessee "ask a lawyer" section instead of Georgia. If it was Georgia, the only way to get test results that the officer does not give to you is through the discovery process.
He pulled me over in another county passed the county line. He did not have his lights on until after he entered the other county. He said that he saw me swerving and it was a dui check. No other officers where involved except one that was in car with him
I inherited my mother's interest in a vehicle she owned with her sister (my aunt). I was told she had sold the vehicle and a recent check on car fax indicates that the title was transferred without my signature or consent on the title. Is this theft? I have read that she cannot sell without my... Read more »
Was there something out of probate court giving her authority to sign for your mother? Did she have a power of attorney signed by your mother giving her authority to sign for your mother? Did she forge the signature?
There are a variety of reasons that a insufficient indictment can be issued. One reason is that the evidence did not support the charges that the District Attorney presented for the indictment purposes. It also means that the case was not indicted and the DA cannot move forward (Unless they try...Read more »
Same arrest. Poss of meth (f) poss of weed under oz (m) 3yrs prob for fel 1yr for mis ran consecutive. Seen p.o was asked to take drug screen at courthouse within 24hrs of visit and didnt. Contacted p.o and confessed that would fail, but was still was supposed to screen. Only reason didnt was... Read more »
First of all, the first test is generally to get a base line not to send you to jail. Generally had you been up front there would not have been an issue. Your text is a little confusing but here is what I gather. If you run the entire probation gets fouled and you will be held accountable for it...Read more »
Sentenced to 7 years due 1. Criminal damage to property 2nd degree and 2 counts simple battery and ordered to pay restitution. I did the 1 year and have been on probation for the 6 remaining years. I have not finished paying the restitution. Does my probation end now, or when my restitution is paid... Read more »
Your issues are not typical as the courts usually don't let you reach the end without resolving restitution. The court cannot extend the sentence past the original date, they don't have the power to resentence without a hearing. AND the sentence cannot be longer than is allowed by law.
There was an incident where myself and a teacher got into a altercation with the door, I (speaking as the child) was pushing the door as she was pushing the door onto me and she stepped out of the way of the door and i let it be and walked away.
Your question depends on how you were charged. Will you be in juvenile court or are they treating you as an adult? Additionally, you could face issues in both criminal court and civil issues with the school as well. The school may choose to expel you or they may give you in house suspension, out...Read more »
I cant really answer your question about Tennessee laws, if it was in Georgia he would still have to go to court and answer for the charges on the Drugs. As far as the hold for extradition, usually law enforcement in Georgia will usually hold for a minimum of 45 days waiting for another law...Read more »
In addition to being grounds for divorce under 19-5-3 you should review O.C.G.A 16-6-19 which states the following: A married person commits the offense of adultery when he voluntarily has sexual intercourse with a person other than his spouse and, upon conviction thereof, shall be punished as for...Read more »
Generally the state is immune from prosecution from such actions. The burden to prove that the state (the arresting agency and officers running the roadblock) are not immune is placed upon the individual making the claims. In order to properly evaluate the chances would need to know why the...Read more »
Generally this code section involves a number of charges for DUI resulting in a suspension of your license plates. Without knowing more about your previous charges it would be difficult to answer. The bottom line however is that you may be able to get a probationary driving license and then get a...Read more »
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