Questions Answered by Ecleynne Mercy

Q: the other person in this particular case is willing to exonerate me do I need tp have this done before he is shiped to

1 Answer | Asked in Criminal Law for Georgia on
Answered on Dec 24, 2018
Ecleynne Mercy's answer
Yes. However, this may not sway the ADA and you may have to take it to trial and the jury will decide whether or not to take his testimony as credible. My apologies I will not be able to provide any more information unless you have retained me as your counsel.

Attorney Ecleynne Mercy

Mercy Law P.C.

(404)599-3041

Www.mercylawpc.com

Q: I'm active duty military. Do I have to get a weapon permit in Georgia?

1 Answer | Asked in Criminal Law, Civil Rights, Federal Crimes and Government Contracts for Georgia on
Answered on Dec 23, 2018
Ecleynne Mercy's answer
Active duty military personnel are exempt from the requirement of a firearms license. Section 16-11-130(a)(3)

The exemption is not limited to military activity on the military reservation. Although not domiciled in this state, active duty military personnel may nevertheless obtain a firearms license if they are otherwise qualified. Dependents of military personnel are not eligible for a firearms license unless the probate judge first determines that they have established domicile in...

Q: What does it mean "prowling is if an alarm is warranted".

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Georgia on
Answered on Dec 23, 2018
Ecleynne Mercy's answer
If you are walking in a neighborhood an officer can approach and ask you some questions. Investigatory detentions are valid if reasonable suspicion objectively exists. (This is where you things like Time? Date? Knowledge of Neighborhood? traffic? Was a crime just called in? etc etc etc.)

When you encounter law enforcement. First stay calm cool and collected. You do not have to answer any questions, including questions about your name, age, and address; however, it is STRONGLY advised...

Q: In trial they played a video of my son being interviewed. Detectives clearly stated you a cold bloody killer you killer

1 Answer | Asked in Criminal Law for Georgia on
Answered on Dec 23, 2018
Ecleynne Mercy's answer
Yes. I need so much more information. So I am going to be very general because murder cases are very intricate. With all that said, the first attorney should have preserved that issue during trial. I.E. Motions to suppress or motions in limine as to the video or to the statements made in the video. That should have happened first. Then the research must be tailored to the particular facts and circumstances that are analogous to your son's case. Yes, there are cases but the answer is do these...

Q: GA assault credibility code regarding victim/witness

1 Answer | Asked in Criminal Law for Georgia on
Answered on Dec 20, 2018
Ecleynne Mercy's answer
Sorry friend, but thats a jury question. You may need to go to trial and make sure every single last aggravating circumstance is presented to attack the credibility of the witness. My sincerest apologies, but I can not provide any additional assistance in your matter, unless I am retained as your attorney. However, I hope this helps.

Attorney Ecleynne Mercy

Mercy Law P.C.

(404) 599-3031

www.mercylawpc.com

Q: how does the victim get the report transfered to their local authorities if the incident happened in a different state?

1 Answer | Asked in Criminal Law for Georgia on
Answered on Dec 20, 2018
Ecleynne Mercy's answer
Thats not true. The defendant will be charged in the state where the incident happened. If the victim currently lives in Georgia, then the victim lives in Georgia. Every state in this great nation is equipped with the funds to have tests administered in their sister states. A forensic interview can be conducted in any state and are usually videotaped. The person who administered the test and the alleged victim will be flown or driven to court for their testimony. You need to get an attorney as...

Q: I had a felony conviction in Kentucky which was vacated and expunged and also I was falsely charged but never convicted

1 Answer | Asked in Criminal Law for Georgia on
Answered on Dec 20, 2018
Ecleynne Mercy's answer
I only practice in Georgia. So I hope this helps. An attorney's assistance in seeking an expungement/record restriction provides more insight and tactical procedures then someone is pursuing it pro bono. Although, hiring an attorney is not 100% effective. An attorney's guidance and advice will prove more effective then doing it by yourself. My sincerest apologies, but I can not provided any additional assistance in your matter unless I am retained as your attorney. However, I hope this helps....

Q: Please explain to me what does false imprisonment... because my son was charged with it by being on the hood of the car

1 Answer | Asked in Criminal Law for Georgia on
Answered on Dec 20, 2018
Ecleynne Mercy's answer
A person commits the offense of false imprisonment when, in violation of the personal liberty of another, he arrests, confines, or detains such person without legal authority. Ga. Code Ann. § 16-5-41 (West) What that means is... the defendant prevented another person from freely moving around without permission. No getting around this he is going to need an attorney if his parole can potentially be violated. My sincerest apologies, but I can not provided any additional assistance in your...

Q: Person is up for parole in Whitworth Women's Facility and has a bench warrant in Chamblee, Ga.

1 Answer | Asked in Criminal Law for Georgia on
Answered on Dec 20, 2018
Ecleynne Mercy's answer
You may want to call Chamblee and tell them her sentence. I hope this helps.

Ecleynne Mercy

Mercy Law P.C.

(404) 599-3031

www.mercylawpc.com

Q: How much can an impound lot charge my mother for getting her car out of impound that she was arrested in yesterday?

1 Answer | Asked in Criminal Law for Georgia on
Answered on Dec 20, 2018
Ecleynne Mercy's answer
Im sorry friend, but the answer is... It depends. Many jurisdictions charge an impound/vehicle release fee of $90-$250 or more. Towing charges can be $100-$800 or more; these are paid to the private tow company. It depends on what county and what city. So a little tip, if you are ever arrested, ask the officer if you can call your own tow truck (many will) and then you can tow it to a place and a price that is familiar to you. I hope this Helps

Ecleynne Mercy

Mercy Law P.C....

Q: IN GA IS IT LEGAL FOR A MALE OFFICER TO SEARCH A FEMALE WITHOUT A FEMALE OFFICER BEING PRESENT?

1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Answered on Dec 20, 2018
Ecleynne Mercy's answer
No its not illegal. HOWEVER, you do have the right to request a female officer search you and they must wait a reasonable time until she arrives. More importantly, do not consent to a search. Do not volunteer a case to the officers. DON'T CONSENT

Ecleynne Mercy Esq.

Mercy Law P.C.

(404) 599-3031

www.mercylawpc.com

Q: I need help with a probation officer changing judges orders, requiring me to report bi-monthly $149 overcharging.

1 Answer | Asked in Criminal Law for Georgia on
Answered on Dec 20, 2018
Ecleynne Mercy's answer
Request a Sentence Modification. Let the court know your financial situation and tell them you can no longer afford the fees. Im sorry I wont be able to tell you any more information unless you are my client. I hope this helps. Stay Blessed.

Ecleynne Mercy Esq.

Mercy Law P.C.

(404) 599-3031

www.mercylawpc.com

Q: This is my 3rd felon in possession of firearm case. Want sentence am I looking at.

1 Answer | Asked in Criminal Law for Georgia on
Answered on Dec 20, 2018
Ecleynne Mercy's answer
Upon a second or subsequent conviction, a defendant will be imprisoned for not less than five nor more than ten years. ( 5-10 years to serve)

BUT if the felony the Defendant is on probation for or has been previously convicted is a FORCIBLE FELONY, then upon conviction of receiving, possessing, or transporting a firearm, the Defendant will be imprisoned for a period of five years. Ga. Code Ann. § 16-11-131 I hope this helps.

Ecleynne Mercy Esq.

Mercy Law P.C....

Q: I have been charged with Possession of Meth with Intent to Distribute 16--13-30(b). A warrant was served on mother's

1 Answer | Asked in Criminal Law for Georgia on
Answered on Dec 20, 2018
Ecleynne Mercy's answer
Unfortunately it does.

"Probable cause" means facts and circumstances within an officer's knowledge that are sufficient to warrant a prudent person, or one of reasonable caution, in believing, in circumstances shown, that a suspect has committed, is committing, or is about to commit an offense. Probable Cause is needed to obtain a search warrant. The probable cause for an officer's evidence search is that there is a substantial chance of discovering evidence of a crime. So, given what...

Q: Can a case be thrown out after diversion

1 Answer | Asked in Criminal Law and Municipal Law for Georgia on
Answered on Dec 20, 2018
Ecleynne Mercy's answer
After success completion of the diversion program, you case will be dismissed. Thus, giving you the opportunity to have that arrest and that charge Restricted from you Record with a record restriction. I hope this helps!

Ecleynne Mercy Esq.

(404) 599-3031

Mercy Law P.C.

www.mercylawpc.com

Q: Why can I be ordered to pay restitution for shoplifting if none of the items actually left the store?

1 Answer | Asked in Criminal Law for Georgia on
Answered on Dec 20, 2018
Ecleynne Mercy's answer
Request a Restitution Hearing and make the state prove there was actual damages. I hope this helps.

Ecleynne Mercy Esq.

(404) 599-3031

Mercy Law P.C.

www.mercylawpc.com

Q: in clayton county georgia if you fail to appear in court how many days can they give in jail ?

1 Answer | Asked in Criminal Law for Georgia on
Answered on Dec 15, 2018
Ecleynne Mercy's answer
It depends on what type of charge, what actually did you fail to appear on? Was it trial or motions? Was a valid warrant signed? Do you have a hold? Did the judge instruct you to be there? Whether you turn yourself in or picked up? So many factors go into this question. Please consult with an attorney to schedule a turn in and/or make a motion to quash the warrant.

Q: Do they have to show intent when trying to convict for crossing the gaurd line with a drug?

1 Answer | Asked in Criminal Law for Georgia on
Answered on Dec 11, 2018
Ecleynne Mercy's answer
No intent necessary. There’s a sign in front of the jail that says passing the guard rail. Now, if she did have a prescription and the pill is actually what was prescribed then the argument can be made. However, it may not be as simple as an explanation, you may need an attorney cause motions may need to be filed and argued or even a trial.

Q: Why won't my public defender show me the video I am supposedly accused of shoplifting from Wal-Mart?

1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Answered on Dec 9, 2018
Ecleynne Mercy's answer
Some Counties don't provide a copy of videos to the defense attorney or the defendant. They make them come in and watch the videos in the DA's office. You can schedule with your public defender a date and time to go watch the video together. I hope this helps.

Q: Will ga come get my husband from pennsylvania

1 Answer | Asked in Criminal Law for Georgia on
Answered on Dec 9, 2018
Ecleynne Mercy's answer
It depends on so many things. However, if your husband has a warrant in Georgia, they have the right to come pick him up. If your husband has an active warrant, he is in jeopardy of being picked up and held. For example, If your husband is stopped in Pennsylvania for a traffic ticket and the warrant shows up he will have to wait until Georgia decides whether they are going to pick him up AND when they actually pick him up. I have seen people forced to wait weeks for transport back to...

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