I've been to first and second appearance haven't entered a plea and no further Court date my public defender has been no help I don't think the state has ever given me my disclosure or Brady even thought it was requested . Is this reason to request for these charges to be dropped
The delay - not likely. With COVID backlogs still being worked through, a delay of over a year is pretty par for the course. If they haven't given your lawyer discovery - maybe, that's a question you should ask them.
I got pulled over and was charged with the DUI a few months ago and I allowed the officer to search my vehicle and I told him where my firearm was they took it and the next day when I was released from the jail they didn't give it back how long are they allowed to keep it before I can have it back
If the firearm is evidence in the case for some reason (it doesn't sound like it, but for example, someone might also be charged with unlawful carry in addition to DUI), then they'll hang on to it for at least as long as the case stays pending in court. But if not, then they should be...Read more »
It depends on the jurisdiction, but generally your lawyer would need to file a motion to modify your bond conditions to remove the HD/GPS requirement. If you are eligible for a diversion program like PTI and you want to go that route, your lawyer might be able to get the Solicitor's office to...Read more »
I plead guilty. It has a max. sentence of 30 days in jail. Judge Franks Epps sentenced me to 10 yrs. reduced to 5 yrs. probation. I was illegally sentenced with my Attorney standing next to me. I was never in trouble before this nor have I been after that day. I tried to buy a firearm last mon. and... Read more »
You might want to consider retaining a new attorney to look into this. Your previous attorney might have a conflict in representing you if fixing this problem essentially forces him to admit he screwed up. I don't have enough information to say whether or not that is the case, but you should...Read more »
Someone i know allegedly sent someone one text six months ago that was about a sentence long, and used a profane word. He was pulled over for a traffic violation and was sent to the city for a warrant for unlawful communication. He is worried that he will be sent to jail over one text message from... Read more »
The possible penalties for a violation of South Carolina's unlawful communication statute (SC Code 16-17-430) are a fine between $100 and $500 or a jail sentence of up to 30 days. So a jail sentence does not have to be imposed upon a conviction, but it would be wise to retain an attorney to...Read more »
Georgia will consider that a "Super Speeder" ticket under O.C.G.A. § 40-6-189. If you pay the ticket without going to court or are convicted in court of going that speed, Georgia will assess an additional $200 fee payable to the state above and beyond whatever you paid to the court. You...Read more »
Maybe, maybe not. Sentencing is up to the judge. There's a good chance the first simple battery will factor into the judge's decision and/or the State's recommendation, and whether that amounts to a jail sentence will probably depend on the facts of both cases. If they're on...Read more »
If the victim is a minor, I think a conviction for 16-11-61 might require registration under OCGA § 42-1-12 (a)(9)(B)(xi). I would recommend consulting a lawyer who routinely handles cases that might hit Georgia's registry and talking to them about the specifics of your case, because these...Read more »
Generally, I'd say no. If the evidence at a probable cause hearing on an arrest warrant supports an entirely different offense, the court can amend the charge to reflect the correct crime rather than the crime listed on the warrant (O.C.G.A. § 17-7-29), and on the same theory, I've often...Read more »
Most likely, the jail will see the warrant, contact the issuing agency in Indiana, and verify whether it is a warrant that Indiana will request extradition for. Maybe, maybe not. If not, GA might release. If so, the extradition process will start. Would be smart to engage lawyers in both states.
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