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Questions Answered by Ecleynne Mercy
1 Answer | Asked in Criminal Law for Georgia on
Q: I am being charged with disrupting a School bus in cobb county and i have a $1000 bond. What should i do
Ecleynne Mercy
Ecleynne Mercy answered on Nov 1, 2019

Get an attorney. This case may affect your ability to get into college and may reflect on your criminal history. Get an attorney,

2 Answers | Asked in Criminal Law, Constitutional Law and Domestic Violence for Georgia on
Q: What is considered "within arm's reach"?

I was charged with "possession of a weapon while committing a crime." - The neighbor's teenager said I tried to run over my fience'...NOT TRUE!

When the police arrived I was in my vehicle, they asked if I had any weapons after a moment I remembered that in the bottom of the passenger side... Read more »

Ecleynne Mercy
Ecleynne Mercy answered on Nov 1, 2019

"Under ' "the wing span" ' limitation of Chimel, a search incident is limited to that area within the lunge, within the reach, within the grasp of the arrestee—the area 'which may fairly be deemed to be an extension of his person'—the area in which the arrestee might grab for weapons or... Read more »

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1 Answer | Asked in Criminal Law and Gov & Administrative Law for Georgia on
Q: Can you be charged with drug possession if you commit suicide
Ecleynne Mercy
Ecleynne Mercy answered on Nov 1, 2019

No.

Any person who in good faith seeks medical assistance for a person experiencing or believed to be experiencing a drug overdose shall not be arrested, charged, or prosecuted for a drug violation if the evidence for the arrest, charge, or prosecution of such drug violation resulted...
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1 Answer | Asked in Criminal Law for Georgia on
Q: How much to get a possession/casual exchange charge that was Retired/closed in Tennessee, September 2016 erased?

ASAP

Ecleynne Mercy
Ecleynne Mercy answered on Nov 1, 2019

Ask a lawyer that practices in Tennesse.

1 Answer | Asked in Criminal Law and Car Accidents for Georgia on
Q: How can I clear my name of a crime someone else committed? I have proof I didn't do it.

It was a hit and run in my vehicle however I was at work during the time it happened. the person who was borrowing my car told me it was stolen and then proceeded to tell me months later it was actually a hit and run. What can I do ?

Ecleynne Mercy
Ecleynne Mercy answered on Nov 1, 2019

Get a lawyer. Get proof that someone else was driving. Get proof that you were somewhere else at the time of the accident. Have a trial and present the evidence.

I hope this helps.

1 Answer | Asked in Criminal Law for Georgia on
Q: Cbd while on diversion

I’m on diversion for Marijuana less than an ounce I was order to pass one drug test . Upon getting on probation I switch to the hemp cbd my levels are dropping but came back with a faint negative line the last text I went from level 95 to 12. I have had 3 different officers this last officer is... Read more »

Ecleynne Mercy
Ecleynne Mercy answered on Oct 24, 2019

Georgia’s medical marijuana law allows certain qualified persons to legally possess up to 20 fluid ounces of “low THC oil,” which is derived from the marijuana plant. It authorizes the Georgia Department of Public Health to issue a “Low THC Oil Registry Card” to qualified persons, which... Read more »

2 Answers | Asked in Criminal Law for Georgia on
Q: I was thrown out of a pub because i pushed the security guard after a few words were exchanged, Charged w disorderly c

I would like to know or get an idea of what will happen

Ecleynne Mercy
Ecleynne Mercy answered on Oct 24, 2019

1st there will be an Arraignment. The first step in a criminal case is a court appearance called an arraignment, in which the charges against the defendant are read before a judge. Then you will need an attorney if you don't have one. You will then request discovery. After receiving discovery... Read more »

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2 Answers | Asked in Criminal Law for Georgia on
Q: How long does it take to get monetary restitution after the judgment has been made in Fulton County, GA?

I was told by a Fulton County prosecutor that I'd be getting $500.00 in restitution from a man who stole and pawned some of my jewelry. When and how will this happen?

Ecleynne Mercy
Ecleynne Mercy answered on Oct 24, 2019

The Director of Fulton County Victim-Witness Assistance Program is Ms. Chandrika Derricho.

Here is her information she will most likely give you a proper update on when and how you will get your funds.

Phone: 404-613-4581

Email: chandrika.derricho@fultoncountyga.gov...
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3 Answers | Asked in Criminal Law for Georgia on
Q: If cop lies to grand jury to secure indictment, and statement is a lie and I can prove it, can I Attack statement?

Cop lied to grand jury by stating that I ‘absconded’ But at the time I was not under arrest nor did I run, I turn myself in,I am not on probation or parole, so what was I absconding from?

Ecleynne Mercy
Ecleynne Mercy answered on Oct 24, 2019

A grand jury sits not to determine innocence or guilt, but to assess whether there is an adequate basis for bringing a criminal charge. Every witness before a grand jury shall be informed of his privilege against self-incrimination and right to counsel and shall be advised that false answers may... Read more »

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2 Answers | Asked in Criminal Law for Georgia on
Q: In GA. if you have a warrant for your arrest,do the police have to show you the warrant ? And if they [police] don't ?
Ecleynne Mercy
Ecleynne Mercy answered on Oct 24, 2019

An arrest warrant founded on probable cause carries with it the limited authority to enter a home in which the suspect lives when there is reason to believe the suspect is inside. This limited authority includes the right to enter the back yard of the home to prevent any attempted escape through... Read more »

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2 Answers | Asked in DUI / DWI for Georgia on
Q: If this is my first offense what should I expect in court ?

Will I get probation ?

Ecleynne Mercy
Ecleynne Mercy answered on Oct 24, 2019

In terms of the criminal charge, the first thing that Georgia looks at is a 10 year period. For a first DUI in a 10 year period, there is a minimum of 24 hours of confinement, 12 months of probation, a fine that ranges from $300 to $1000, license suspension, 40 hours of community service,... Read more »

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2 Answers | Asked in Criminal Law for Georgia on
Q: I if burglarized stores no intended for dewling or no one stay there can I be charged with first degree burglary
Ecleynne Mercy
Ecleynne Mercy answered on Oct 24, 2019

Georgia's burglary statute is very broad and does not limit its application to buildings of any particular type or in any particular condition. The burglary statute protects the dwelling house of another or any building, vehicle, railroad car, watercraft, aircraft, or other such structure designed... Read more »

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1 Answer | Asked in Criminal Law and Traffic Tickets for Georgia on
Q: Is it illegal for pedestrians to walk on the interstate in Georgia?

I have read multiple articles stating that it is illegal for pedestrians to walk on limited-access highways in Georgia, and I understand why it would be. I have searched through multiple laws and can't find any code section that actually deems it illegal. For example, Atlanta has a city ordinance... Read more »

Ecleynne Mercy
Ecleynne Mercy answered on Oct 17, 2019

(a) As used in this Code section, the term “pedestrian” means any person afoot and shall include, without limitation, persons standing, walking, jogging, running, or otherwise on foot.

(b) Where a sidewalk is provided, it shall be unlawful for any pedestrian to stand or stride along and...
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2 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Federal Crimes for Georgia on
Q: Would a dirty needle be considered Transportation of etiologic agent?
Ecleynne Mercy
Ecleynne Mercy answered on Oct 24, 2019

The terms “etiologic agent” and “infectious substance” are synonymous.

(b) The transportation of infectious substances and regulated medical waste, including but not limited to the marking of packages and marking or placarding of vehicles with appropriate warnings, shall comply with...
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1 Answer | Asked in Criminal Law and DUI / DWI for Georgia on
Q: Will I serve jail time for a felony warrant driving while intoxicated 12 years ago?

I have a felony warrant issued for failure to appear in Lake County court Indiana in 2007. I just found out three weeks ago. It was driving while intoxicated and I was doing community service and a bench warrant was issued for failure to appear after I moved back to Ga. I thought my community... Read more »

Ecleynne Mercy
Ecleynne Mercy answered on Aug 23, 2019

You need to seek help from an attorney licensed in Indiana.

1 Answer | Asked in Criminal Law for Georgia on
Q: is it a felony to give false information to police officer to avoid being served with a prior warrant?

Served four days in jail for criminal impersonation in 2009. Was living in Tennessee at the time and failed to appear

Ecleynne Mercy
Ecleynne Mercy answered on Aug 23, 2019

A person who gives a false name, address, or date of birth to a law enforcement officer in the lawful discharge of his official duties with the intent of misleading the officer as to his identity or birthdate is guilty of a misdemeanor.

Ga. Code Ann. § 16-10-25

1 Answer | Asked in Criminal Law for Georgia on
Q: Fiance was convicted of theft by rec stolen property, bought at pawn shop. How can he be convicted when he didnt know

Fiance was convicted of theft by rec stolen property, that he bought at a local pawn shop. How can he be convicted when he didnt know it was stolen? It was purchased from a place of business. He was already on parole for a prior conviction.

Ecleynne Mercy
Ecleynne Mercy answered on Aug 23, 2019

He needs to fight the case.

Proof of possession, alone, of recently stolen property, is not sufficient to establish the essential element of the offense of theft by receiving stolen property that the possessor knew or should have known that the property was stolen. West's Ga.Code Ann. §...
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1 Answer | Asked in Traffic Tickets and Car Accidents for Georgia on
Q: I left my car at the scene when I lost control & hit a tree. No injuries & damage won't be filed. Do I have to report

Vehicle left at scene to retrieve later. No claim to insurance . No injuries

Ecleynne Mercy
Ecleynne Mercy answered on Jul 15, 2019

You can't lie about it. So be careful what you say to the insurance company and if you are still making payments to the lender. However, I would still consult an attorney with more information to make sure you are good.

1 Answer | Asked in Traffic Tickets and Car Accidents for Georgia on
Q: Left car at scene when lost control & hit tree. No injuries & damages to my auto only. Am I required to report?
Ecleynne Mercy
Ecleynne Mercy answered on Jul 15, 2019

You can't lie about it. So be careful what you say to the insurance company and if you are still making payments to the lender. However, I would still consult an attorney with more information to make sure you are good.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Georgia on
Q: Are there any attorneys who specialize in life sentence case where the client has completed 35 years of service?

Would like a lawyer who can practice in Georgia but is not a Georgia attorney or a Harvard or Duke grad...

Ecleynne Mercy
Ecleynne Mercy answered on Jul 15, 2019

https://www.gabar.org

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