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Questions Answered by Ecleynne Mercy
1 Answer | Asked in Criminal Law for Georgia on
Q: What's the punishment in georgia if you get a ticket for possession and use of a drug related objects
Ecleynne Mercy
Ecleynne Mercy answered on Feb 24, 2020

(a) A person commits the offense of possession of tools for the commission of crime when he has in his possession any tool, explosive, or other device commonly used in the commission of burglary, theft, or other crime with the intent to make use thereof in the commission of a crime.

(b) A...
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1 Answer | Asked in Criminal Law and Land Use & Zoning for Georgia on
Q: Hi,my landlord is telling me i need to move due to knowing my husband has a past charge and there is another guy

Living in the same trailer park.I payed 1 months of rent and tells me that i need to move. I pay $672 a month. I gave them $1100 to move in. They knew he had the charge and he is on the lease.

Ecleynne Mercy
Ecleynne Mercy answered on Feb 24, 2020

Hey there must be a valid lease first to see what legal recourse you have.

1 Answer | Asked in Criminal Law for Georgia on
Q: Not answering door. Hindering? Arrest warrant
Ecleynne Mercy
Ecleynne Mercy answered on Feb 24, 2020

A conviction for misdemeanor obstruction or hindering an officer requires proof of some form of knowing and willful opposition to the officer sufficient to constitute obstruction or hindrance. West's Ga.Code Ann. § 16–10–24(a). Martinez v. State, 743 S.E.2d 621 (Ga. Ct. App. 2013).

The...
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1 Answer | Asked in Criminal Law for Georgia on
Q: Got ticket in georgia for possession and use of drug related objects what's the punishment

First time offense

Ecleynne Mercy
Ecleynne Mercy answered on Feb 24, 2020

Conviction of the offense of possession of tools for the commission of crime carries a penalty of one to five years imprisonment. O.C.G.A. § 16-7-20.

2 Answers | Asked in Criminal Law, Education Law and Gov & Administrative Law for Georgia on
Q: Can school take phone and question child without parent's knowledge for incident that occurred outside of school?

In November my child and others received a nude photo of another child (Victim) from a 3rd kid, (Sender). Child immediately deletes picture and never resent it to anyone. This all happened outside of school.

Today - 2 months later, Victim informs someone at school that picture may be... Read more »

Ecleynne Mercy
Ecleynne Mercy answered on Jan 16, 2020

CONTACT A LAWYER ASAP!!

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Wrongful Death for Georgia on
Q: How do you get a coroner to do a inquest when you can’t get them to respond to your phone calls, emails etc?

They have no physical address for a office and has went out of his way to ignore the family for over 3 years now even though they are aware the family does not agree with the findings, has the evidence to prove the cause and manner of death to be different then listed on the death certificate, has... Read more »

Ecleynne Mercy
Ecleynne Mercy answered on Jan 16, 2020

Georgia Bureau of Investigations

3121 Panthersville Road

DECATUR, GA 30034

Primary: (404) 244-2600

2 Answers | Asked in Criminal Law for Indiana on
Q: can My husbands parole be revoked for a new level 6 felony habitual traffic offender ?
Ecleynne Mercy
Ecleynne Mercy answered on Jan 16, 2020

Substantive violations occur if you commit a new crime during the probation period. A substantive violation is something more than a breach of a probation condition that is a byproduct of the original offense. A substantive violation is a separate act that involves committing a separate criminal... Read more »

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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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2 Answers | 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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