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Questions Answered by Ecleynne Mercy

1 Answer | Asked in DUI / DWI for Georgia on

Q: Can a DUI- Drugs license suspension be served on top of an Administrative License Suspension for refusal to test?

My boyfriend got a DUI-Drugs in November of 2017. He had his hearing and sentencing in April, 2018. He also refused to do a blood test, which is a hard 12-month license suspension. He served this and got his license back January, 2019 no problem. April, 2019, we got a letter in the mail from DDS... Read more »

Ecleynne Mercy answered on May 20, 2019

A DUI suspension, first offense in 5 years, license will be suspended for 12 months. However, at the end of 120 days, the driver can apply for reinstatement if all the following conditions are met:

- Suspended for 120 days.

- Present a Certificate of Completion of a DDS approved...
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1 Answer | Asked in DUI / DWI for Georgia on

Q: under age dui (40-6-391k) in GA but from OH, Wonder if priors for OH will show up for GA. First offense in GA

Was cited for Under age dui .02 or more in GA. Priors are ovi as a juvenile and 2 ovi charges as an adult. Failed for thc and alcohol in all cases, currently on non reporting probation and sr22 license bond. Any advice is gratefully appreciated

Ecleynne Mercy answered on May 20, 2019

A criminal proceeding involving a prosecution for a DUI, evidence of the commission of another DUI on a different occasion by the same accused shall be admissible when:

(1) The accused refused in the current case to take the state administered test and such evidence is relevant to prove...
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1 Answer | Asked in Criminal Law for Georgia on

Q: I owe $1,847 for possession of drug related objects, first time getting a citation, is that amount to high? Im under 18.

I was given a citation for possession of drug related objects, prior to that citation i have got 1 other citation for following to closely. I have never been in trouble with police prior to this, I am 17 years old, i was wondering if $1,847 is to much for it being my first offense.

Ecleynne Mercy answered on May 20, 2019

At 17, you are an adult for the purposes of criminal prosecution. Any person who violates any provision of OCGA § 16-13-32.2 possession of drug-related object shall be guilty of a misdemeanor. OCGA § 16-13-32.2 The max is 12 months to serve in jail and/or up to $1,000.00 in fine. These fines do... Read more »

1 Answer | Asked in Criminal Law for Georgia on

Q: My brother was locked up at 17 and when his attorney came to sprak to him they tild hin he could not speak to him.

The attorney submitted a written request for the detectives to stop talking to him and they did not. He later confessed but they initially stated they just wanted to talk to him.

Ecleynne Mercy answered on May 20, 2019

He needs an attorney to potentially argue a motion to suppress any confessions that were made. If this happened as explained AND it is proven that your brother didn't waive his rights to speak to an attorney either written or oral.

1 Answer | Asked in Criminal Law for Georgia on

Q: can a store hold your identification in exchange for payment later and while they're holding it can they make a photocop

Ecleynne Mercy answered on May 20, 2019

Georgia law does place limits on what information businesses can collect and requires that businesses take every reasonable action to ensure that no unauthorized person will have access to your personal information. The Federal Trade Commission also recommends to businesses that they keep sensitive... Read more »

1 Answer | Asked in Criminal Law for Georgia on

Q: Can an attorney be denied to a see a 17 year old if the attorney request to speak to him verbally and in writing?

They refused his request and continued there interrogation to later render a confession.

Ecleynne Mercy answered on May 20, 2019

In GA for the purposes of criminal prosecution, you are an adult at age 17. To answer the question, no they can not deny him speaking to his attorney. However, if he waived his rights or signed a waiver that is a different story. One must examine the facts of the case and if the facts are as you... Read more »

1 Answer | Asked in Criminal Law for Georgia on

Q: My son was locked up in cobb County jail for a nick bag of weed and criminal trust passing in Feb 2019 when I bonded

When I bonded him out those were the charges but yesterday when we went to court they slap another charge obstruction of an officer which isn't true my son was the o e beaten after placed in hand cuffs they druged him and he suffered a sprain shoulder and lasions on his shoulder arms and legs yes... Read more »

Ecleynne Mercy answered on May 20, 2019

You need to get an attorney, who will review the evidence and review the case. There may be some appropriate motions that need to be filed. Requesting the copy of the dash cam and body cam will help in the attorney's investigation. The arraignment is when the court informs the Defendant of the... Read more »

1 Answer | Asked in Criminal Law for Georgia on

Q: Where can I get a motion for a speedy trial in Georgia without getting it from a lawyer

Ecleynne Mercy answered on May 20, 2019

Google, however, you will get what you paid for. An attorney will let you know if the speedy trial is the best move. Sometimes it is not. Let your public defender do it, or have him or her explain why it is or it is not in your best interest.

1 Answer | Asked in Civil Litigation and Criminal Law for Georgia on

Q: I got a ride from a friend in 2017 to go buy me a car and we were pulled over they searched the car a found drugs weapon

The took money from me and I had nothing to do with what they found they sent a letter pursuant to ocga 9-16-11(b) so just this past Monday the driver of the car went to court and told the truth that i didn’t know anything about what was in his car how can I get my money back

Ecleynne Mercy answered on May 20, 2019

After the law enforcement takes your property, the State must file a civil forfeiture complaint against you, with notice. You then have 30 days to file an answer to the complaint. Once your answer has been filed, a hearing will be scheduled within 60 days. It is important to timely file an answer... Read more »

1 Answer | Asked in Criminal Law for Georgia on

Q: if I was convicted under the wrong name because a misspelling could I fight any new charges under my birth name?

Ecleynne Mercy answered on May 14, 2019

The Fourth Amendment requires an arrest warrant to “particularly describe … the persons … to be seized.” Normally, this requirement is satisfied by naming the individual to be arrested, although it is better to add identifying information to the warrant even when the full name of the... Read more »

1 Answer | Asked in Criminal Law for Georgia on

Q: Is pleading guilty to a misdemeanor in a plea agreement from indicted felony disqualified from record restriction?

Original charge was weapon on school property in 2007. Through plea agreement, pled guilty to carrying concealed weapon in 2008. Successfully paid fines and completed probation in 2009 and have nothing else on my record before or since.

Ecleynne Mercy answered on May 14, 2019

Contact the solicitor's office in your county and confirm that you would like this to go into record restriction if you completed one of their PTI (pre-trial diversion) classes.

1 Answer | Asked in Criminal Law for Georgia on

Q: How can I beat a good behavior bond that was taken out on me?

I met my husband 3 years after he separated. Despite me not having anything to say to her she's tried everything to undermine and disrespect me. She showed up at my house (shes not allowed there) I called 911 and she left. Two days later I was served. Shes accusing me of terrorizing her,... Read more »

Ecleynne Mercy answered on May 14, 2019

I would first talk to your attorney before considering firing him. He could be potentially trying to protect you from unnecessary stresses. BAsed on the case, he probably just trying to pre-try the case to provide you with all your options. You haven't accepted anything unless you pled to it.

1 Answer | Asked in Criminal Law for Georgia on

Q: requesting a felony mortification that is 12 years incarceration, out after 6, will finish parole in jan,, then 10prob

i would like him to fun my probation along with parole so i can be done

i am disabled and have a $3000 fine too - can that be removed due to income limitations/

Ecleynne Mercy answered on May 14, 2019

There is a lot of things to consider. I can not just give you an answer. Things to look at are, the county, your criminal history, the ADA, the Judge, how many violations and etc, these are just some of the information necessary to determine whether your modification will be granted.

1 Answer | Asked in Criminal Law for Georgia on

Q: Do u have to give your name to a police officer?

Ecleynne Mercy answered on May 14, 2019

For purposes of the crimes of obstructing an officer and giving a false name to an officer, an officer is not within the lawful discharge of his official duties when he approaches and questions an individual without specific, articulable facts sufficient to give rise to a reasonable suspicion of... Read more »

1 Answer | Asked in Criminal Law for Georgia on

Q: Statute of limitations for first degree burglary.

Statute of limitations & each step of action to be taken when you are charged with burglary in the first degree.

Every step taken until now. The Preliminary, Arraignment, indictment, warrant or complaint & trial date? What the statute is for each & when the action required has to be taken... Read more »

Ecleynne Mercy answered on May 14, 2019

United States Supreme Court said that the right to a speedy trial is different from other constitutional rights in that (1) society has an interest in the prompt trial of those charged with crime, and long imprisonment prior to trial may have a destructive effect on a defendant; (2) a delay may... Read more »

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Domestic Violence for Georgia on

Q: A man is sueing me for the aftermath of us fighting and has caused harrassment, emotional distress, etc.

The man and I got in a fight over him getting mad that I was late picking him up in his car. The man had pushed me down and tried to tackle me, in result I tried to get away and took his protein shake stuff opened it and threw it at him. It got all over his apartment. This resulted in us ending up... Read more »

Ecleynne Mercy answered on May 14, 2019

You most definitely need an attorney to defend you. You risk losing a lot if you lose at trial and/or go without an attorney to represent your interest.

1 Answer | Asked in Criminal Law for Georgia on

Q: What are the chances of getting a bench warrant lifted on a FTA for a felony charge?

Ecleynne Mercy answered on May 14, 2019

Depending on the felony charge and the county. For example if your in Cobb you can get a bench warrant lifted but depending on the felony they may require a drug test and if you fail that you can automatically be taken into custody.

1 Answer | Asked in Criminal Law for Georgia on

Q: What happens when an incompetent teen commits armed robbery

Ecleynne Mercy answered on May 14, 2019

have his attorney make a motion for a competency evaluation.

1 Answer | Asked in Criminal Law for Georgia on

Q: How would I go about having a "criminal trespass warning" canceled in the state of Georgia?

Ecleynne Mercy answered on May 14, 2019

Georgia law O.C.G.A. § 16-7-21 requires that individuals who are subject to a criminal trespass warning receive notice that entry upon the premises is forbidden.

2 Answers | Asked in Criminal Law for Connecticut on

Q: Good morning. Do you do or bono work for someone accused of a sex crime?

My husband has been accused of rape. We believe he’s innocent but we can’t afford a lawyer so he has a public defender that hasn’t been there to see him once. We really need your help if you can.

Ecleynne Mercy answered on May 14, 2019

Well, I have reached my pro bono limit for 2019 and 2020. However, I would suggest you just email your public defender so you can have some communication.

In addition, If you have a legal problem in Georgia, visit www.GeorgiaLegalAid.org for a complete directory of civil legal assistance...
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