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I'm active duty military and I'm a military police officer. I've been through a federally accredited law enforcement academy. Do I have to apply for a weapons carry permit for handguns in Georgia?
answered on Dec 23, 2018
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... View More 
If you are walking in a neighborhood and an officer approaches you. Do you have to show your id if not expected of committing a crime? And do you have to give your name and info if you refuse to give id?
answered on Dec 23, 2018
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.)... View More
They clearly played the video twice or maybe more. The video stated the detectives saying my son was a killer...yiu a killer..a cold bloody killer. And they stated it several times to the jurors without it being redacted. His lawyer rejected on the issue but the trial judge still processed. Noe... View More
answered on Dec 23, 2018
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... View More
The alleged victim is diagnosed disabled, schizophrenia. Evaluation & longterm commitals concur. He also has prior prison records w/ appr. 20 yrs as, habitual offender for drugs & theft. Additionally, wrote/verbalized statements retracting assault charge. He can't remembe dates of... View More
answered on Dec 20, 2018
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... View More
The incident was reported to South Carolina police department, but the victim lives in Georgia. The victim cannot have a forensic interview done without the report.
answered on Dec 20, 2018
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... View More
In Florida. I applied for CCW and was denied. I appealed submitting off court order from Kentucky conviction vacated and expunged and court docs from Florida showing No info filed for Florida and was denied in appeal. The appeal doc states I didn’t provide sufficient evidence. What more do they... View More
answered on Dec 20, 2018
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... View More
He was trying to get her out by yelling at her he never hit nor tresspass against no one because they stay together so now they have vioated his parole what do I need to do
answered on Dec 20, 2018
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... View More
Person is up for parole in Whitworth Women's Facility in Hartwell, GA and has a bench warrant in Chamblee, GA. for a misdemeanor theft charge under $200, issued a citation, which wasn't paid nor showed up for court. Chamblee has already said they will not pick her up because it is out of... View More
answered on Dec 20, 2018
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
answered on Dec 20, 2018
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... View More
FEMALE WALKING HER DOG DOWN THE ROAD IN FRONT OF HER HOME AND IS DETAINED BY A MALE OFFICER WHO SEARCHES HER
answered on Dec 20, 2018
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... View More
My wife is very I'll waiting on tests for a liver transplant. We live 51/2 hours away. Says they cant transfer misdemeanor. Both on disability and they refused my indigent form. I couldn't report last month due to my wife going to the hospital 3 times. Should have suspended after 12... View More
answered on Dec 20, 2018
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.... View More
My first 2 cases were in Michigan. This is in Georgia.
answered on Dec 20, 2018
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,... View More
property were I have a shop.One pipe (dirt and police say white residue found outside shop.) One pipe and one working and one non working scales found in shop. O was not there when warrant was served. Does the evidence even meet the guidelines for this charge?
answered on Dec 20, 2018
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... View More
answered on Dec 20, 2018
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
answered on Dec 20, 2018
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
answered on Dec 15, 2018
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... View More
She was attending DUI court was sanctioned to serve 4 days in jail. She had an Adderall pill which she has a script for on her but it wasnt in bottle
answered on Dec 11, 2018
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... View More
answered on Dec 9, 2018
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.
answered on Dec 9, 2018
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... View More
answered on Dec 9, 2018
Yes they do. The prosecutor has the burden of proving every element of a crime beyond a reasonable doubt. But while a defendant isn’t required to prove innocence in order to avoid conviction, the prosecution doesn’t have to prove guilt to the point of absolute certainty. And despite the general... View More
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