Questions Answered by Ecleynne Mercy

Q: I got a dui in 2015 and i was put on probation for it and i havent reported or paid the fine yet what do i need to d

1 Answer | Asked in DUI / DWI for Georgia on
Answered on Mar 11, 2019
Ecleynne Mercy's answer
Get an attorney. You will need to know if there is a probation warrant, then whether your probation tolled, and etc. An attorney will be able to review and tell you what is best for YOUR specific case, with YOUR specific set of facts, in the COUNTY, that it happened and YOUR actual probation office.

Q: I have a limited permit (2nd dui, interlock). I got a speeding ticket. If I plead guilty will my license be revoked?

1 Answer | Asked in DUI / DWI for Georgia on
Answered on Mar 11, 2019
Ecleynne Mercy's answer
I would need more information. I think your biggest issue may be if your probation would be affected. Make sure of that first. In addition, the amount of speeding will definitely be needed to answer whether or not your license will be revoked.

Q: Is it possible to get a resteicted license or some form of license to get to work if DUI was recieved in Georgia

1 Answer | Asked in DUI / DWI for Georgia on
Answered on Mar 11, 2019
Ecleynne Mercy's answer
If you plead guilty to DUI, and it is your first conviction in Georgia within five years, you are immediately eligible for a Georgia temporary driving permit. DUI driving permits known as a temporary or limited driving permit in Georgia will be valid for 120 days from the date of the conviction. In order to get a Georgia temporary driving permit, the court should complete the official DS1126 form (First DUI Conviction Court Affidavit).

Heres the application...

Q: Does a limited or restricted driving permit as a result of a DUI include the use of a motorbike if you don’t own a car?

1 Answer | Asked in DUI / DWI for Georgia on
Answered on Mar 11, 2019
Ecleynne Mercy's answer
Mopeds

A moped is defined as any motor driven cycle with an engine not exceeding 50cc (3.05 cubic

inches). Mopeds are exempt from the provisions relating to the registration and licensing of motor

vehicles.

Rules to operate mopeds on Georgia roads and highways:

1. Must be at least 15 years of age and possess a

valid driver’s license, instructional permit or

limited permit.

2. Must wear protective headgear (U.S. Department of...

Q: Can you pass a car impeding traffic

1 Answer | Asked in DUI / DWI and Traffic Tickets for Georgia on
Answered on Mar 11, 2019
Ecleynne Mercy's answer
“All drivers of vehicles using the highways are held to the exercise of due care. A leading vehicle has no absolute legal position superior to that of one following. Each driver must exercise ordinary care in the situation in which he finds himself. The driver of the leading vehicle must exercise ordinary care not to stop, slow up, nor swerve from his course without adequate warning to following vehicles of his intention so to do. The driver of the following vehicle, in his turn, must...

Q: Can police search your home before you are presented with copy or proof search warrant, how long can they detain someone

1 Answer | Asked in Criminal Law for Georgia on
Answered on Mar 11, 2019
Ecleynne Mercy's answer
The notice requirement for a law enforcement officer entering an occupied residence for the purpose of executing a search warrant may be dispensed with by a no-knock provision in the warrant or by the presence of exigent (emergency) circumstances. Police can execute the search warrant at the residence without announcing their presence, when there is a “no-knock” provision.

U.S.C.A. Const.Amend. 4; West's Ga.Code Ann. § 17-5-27.

Poole v. State, 266 Ga. App. 113, 596 S.E.2d...

Q: In the State of Georgia, would having multiple felonies disqualify you from becoming a Medical Assistant?

1 Answer | Asked in Criminal Law for Georgia on
Answered on Mar 11, 2019
Ecleynne Mercy's answer
Generally, individuals who have been found guilty of a felony, pleaded guilty to a felony, or had a professional license, registration, or certification denied, revoked, suspended, or subjected to probationary conditions by a regulatory authority or certification board are not eligible for the CMA (AAMA) Exam. However, the Certifying Board may grant a waiver based upon mitigating circumstances. If you wish to request that the Certifying Board permit you to take the test, you must submit a...

Q: So if I accidentally hit and knocked down my exes mailbox. I knew I bumped something but at 1st thought it was the curb.

1 Answer | Asked in Criminal Law, Car Accidents, Domestic Violence and Federal Crimes for Georgia on
Answered on Mar 11, 2019
Ecleynne Mercy's answer
Accident is a defense to criminal charges but the attorney will need more information to see if that would be a viable defense in your particular case. Now the fact that it's your"exes" mailbox may pose a little bit of an issue (especilly if you don't live close by)

Q: is it legal to buy CBD (Hemp) oil THC FREE online and have it shipped to my home if I live in Georgia?

1 Answer | Asked in Criminal Law, DUI / DWI, Agricultural Law and Environmental for Georgia on
Answered on Mar 8, 2019
Ecleynne Mercy's answer
The Georgia House just approved a bill that would allow medical marijuana oil to be sold to registered patients, giving them a legal way to obtain a drug that they’re already allowed to use.

https://www.ajc.com/news/state--regional-govt--politics/medical-marijuana-dispensaries-bill-passes-georgia-house/TiRIqJOF7ogWvhe8sK0JaO/

Q: How to write a letter to the superior court in Gainesville Ga. To get my rifles back they were seized in a drug related

1 Answer | Asked in Criminal Law for Georgia on
Answered on Mar 8, 2019
Ecleynne Mercy's answer
Get an attorney to make a motion on your behalf. DO NOT WRITE A LETTER!!!! There may be time limit issues and evidence issues that may need to be addressed. An attorney will be able to get your assets and protect you from incriminating yourself.

Q: Is it legal in mobile alabama to have to submit to a DNA sample for a 2nd degree marijuana charge and pistol without

1 Answer | Asked in Criminal Law for Georgia on
Answered on Mar 8, 2019
Ecleynne Mercy's answer
This section is for criminal law questions in Georgia. Please remit this question to the Alabama section to have access to attorneys who primarily practice in that state of Alabama.

Q: How to go about writing a letter to the superior court.under the O.C.G.A 9-16-12

1 Answer | Asked in Criminal Law for Georgia on
Answered on Mar 8, 2019
Ecleynne Mercy's answer
DO NOT WRITE A LETTER!!! You are not an attorney and you may be putting your self in danger of getting more charges or volunteering important information. Please get an attorney and do NOT write a letter please. DO NOT WRITE A LETTER!!!!!!!!

Q: Can state use testimony or statement from protective order to bring criminal charges in later date?

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Answered on Mar 8, 2019
Ecleynne Mercy's answer
Testimony given as a witness at another hearing of the same or a different proceeding, or in a deposition taken in compliance with law in the course of the same or another proceeding, if the party against whom the testimony is now offered, or, in a civil proceeding, a predecessor in interest, had an opportunity and similar motive to develop the testimony by direct, cross, or redirect examination. If deposition testimony is admissible under either the rules stated in Code Section 9-11-32 or this...

Q: If a person was on the first defendant and they violate his probation cuz she sent him to prison for 7 years

1 Answer | Asked in Criminal Law for Georgia on
Answered on Mar 8, 2019
Ecleynne Mercy's answer
I need so much more information to answer this question.

Q: I want to know why is it that a child can be lying and is known thought out the family that she lies,then what

1 Answer | Asked in Criminal Law for Georgia on
Answered on Mar 8, 2019
Ecleynne Mercy's answer
There are ways to address the credibility of child witnesses. The first way is NOT to start off with the statement that this child is LYING. A seasoned attorney has all the information and tools to effectively address the credibility of an alleged victim.

Q: $2,045.34 in rent paid by my debit card. Only had $1,820.28 available-Leaving a deficit of $225.06. Is this criminal?

1 Answer | Asked in Criminal Law, Banking, Collections and Landlord - Tenant for Georgia on
Answered on Mar 8, 2019
Ecleynne Mercy's answer
In Order to answer this Question, the attorney will need to see the actual Lease and any conversations you have with the landlord. It may be in your best interest to talk to an attorney to see what provisions are in your lease.

Q: What would it take to keep my daughter from going prison on theft by deception and prior petty theft all below hundred

1 Answer | Asked in Criminal Law for Georgia on
Answered on Mar 8, 2019
Ecleynne Mercy's answer
You will need so much more information to answer that question. Like Who, What, where, Why, When and How the Prosecutor is charging your daughter. You will need to hire an attorney to decide the steps you want to take.

Q: What would you be looking at for possession of illegal weapon?

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Answered on Mar 8, 2019
Ecleynne Mercy's answer
Possession of Illegal Weapon - TRANSLATION - 1st Time- 5 years in Prison

A person commits the offense of unlawful possession of firearms or weapons when he or she knowingly has in his or her possession any sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer, and, upon conviction thereof, he or she shall be punished by IMPRISONMENT for a period of FIVE years.

OCGA § 16-11-123

Possession with Intent ( Marijuana) TRANSLATION - 1st time - 1-...

Q: A friend was charged with possession. I paid half of his bond. He had probation hold. Can i come off of bond?

1 Answer | Asked in Criminal Law for Georgia on
Answered on Mar 8, 2019
Ecleynne Mercy's answer
To surrender or cancel a bail bond, the co-signer needs to meet with the bail bond company. The company will require documentation to cancel the bond and may ask for the reason behind its surrender. Generally speaking, the primary reasons behind the surrender of most bonds are concerns related to the defendant not showing up for court, as well as the resulting expenses and the cost of the potential forfeiture of the bond.

The paperwork will include the release of any liens placed if...

Q: Criminal trespass, Damaging of property. What will his bond and charge(s) be with it being dropped by the "victim"

2 Answers | Asked in Criminal Law and Intellectual Property for Georgia on
Answered on Mar 8, 2019
Ecleynne Mercy's answer
There is a lot more information that is necessary to answer the question. Like for example if there were other witnesses and its not his property, the prosecutor may not drop it

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