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Questions Answered by Ecleynne Mercy
1 Answer | Asked in Criminal Law for Georgia on
Q: Hello, my boyfriend got sentenced 5 time to be served and then 5 years suspended. I really don’t understand

I really don’t understand can someone break this down for me please.

Ecleynne Mercy
Ecleynne Mercy
answered on Dec 7, 2018

I’m not sure if your saying it right. We will need a lot more information to make sure it’s right. But what I can tell you is when they say 5 year suspended that means that the 5 years he was going to serve in prison has been terminated. That means he doesn’t have to serve that time anymore.... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: In Georgia , If the child is under 18 and was convinced to be in prostitution can they not be charged as a prostitute?

Can you explain this to me :

“ a person shall not be guilty of a sexual crime if the conduct upon which the alleged criminal liability is based was committed by an accused who was: (1) Less than 18 years of age at the time of the conduct such person was being trafficked for sexual... View More

Ecleynne Mercy
Ecleynne Mercy
answered on Dec 6, 2018

You are NOT guilty of this crime if the Defendant was under the age of 18 and the Defendant and the criminal sexual activity the case is based on was committed under coercion or deception while the Defendant was being trafficked for sexual servitude.

So if you are under 18 and being...
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1 Answer | Asked in Criminal Law and Juvenile Law for Georgia on
Q: What penalty is my boyfriend facing with an attempted armed robbery charge in juvenile court
Ecleynne Mercy
Ecleynne Mercy
answered on Dec 6, 2018

Armed Robbery is a designated felony. So if his case stays in juvenile court then the max he can get is 5 years in a juvenile facility.

1 Answer | Asked in Criminal Law for Georgia on
Q: Is possession by ingestion illegal in Georgia & can you be charged with a crime & convicted?
Ecleynne Mercy
Ecleynne Mercy
answered on Dec 5, 2018

I will need alot more information to effectively answer this question. However, Law enforcement can lawfully arrest a person for illegal drugs in their possession, either inside or outside your body, provided that they posses probable cause to do so.... This entirely depends on the facts and... View More

1 Answer | Asked in Traffic Tickets for Georgia on
Q: Did not receive notice tags were due. Completely forgot to renew. Any way to preclude from having a misdemeanor?

Relatively new to GA - just not totally acclimated. Never been to court - clean record all my life. Just shocked this is a misdemeanor. Need advice.

Ecleynne Mercy
Ecleynne Mercy
answered on Dec 5, 2018

I need more information... if you get valid tags depending where the ticket is or who the prosecutor is may not stop the traffic citation or the misdemeanor. Your best bet is to get a lawyer who is familiar with the area and who can give you solid honest advice. I hope this helps.

Attorney...
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3 Answers | Asked in Criminal Law and Divorce for Georgia on
Q: My wife cheated on me with her boss. When I caught her she took my infant son and the car which we are financing in both

our names and moved in with her boss. Can I use my car key and go to her job and sneak in the car, crank it up and drive it home and keep it until we finally get a divorce or is that against the law?

Her Boss has a car that I've seen her drive. She took the only car we had. I need... View More

Ecleynne Mercy
Ecleynne Mercy
answered on Dec 5, 2018

Good Sir.... please don't the list of offenses you could be charged with are too much to write. It most certainly wont be worth any of the grief. An excellent Divorce attorney will take care of all that. Don't do it yourself. I would suggest you refrain from texting or calling with... View More

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1 Answer | Asked in Criminal Law and DUI / DWI for Georgia on
Q: Can a lawyer that i once retained but dropped represent me as a public defender on the same case?

A warrant was issed for my arrest because this lawyer claimed not to know my whereabouts when in fact i have paper work via mail from his office.

Ecleynne Mercy
Ecleynne Mercy
answered on Dec 1, 2018

I need so much more information before I can attempt to answer this question. You should schedule a phone conference for a low fee and discuss your case and what I can do to help.

Mercy Law P.C.

404-599-3031

1 Answer | Asked in Criminal Law for Georgia on
Q: what is the sentence for sexual assult n georgi
Ecleynne Mercy
Ecleynne Mercy
answered on Nov 30, 2018

One (1) to Twenty Five (25 Years) in prison, fine of up to $100,000. If victim is under 16 years old, 25-50 years in prison and Mandatory Sex Offender Registration. If the victim is between 14 and 16 years old and the defendant is either 18 years old or within four years of the victim's age,... View More

1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: Need to know if this was leagal search.

Pulled up to house with passenger was informed of altercation with neighbors involving an sks rifle by resident. After around 8 mins the resident says sheriff and runs off. The cop gets out gun drawn and orders us out and to the back and to take everything out our pockets asking where is the gun... View More

Ecleynne Mercy
Ecleynne Mercy
answered on Nov 29, 2018

A: It all depends on what exactly you said when he asked whether he can search. If you said " I'd rather not" hmmmm its a little tricky. i would need to know more. Your best bet just based on whats before me is to challenge the consent of the search. He did have his weapon drawn so... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: What rights do a wife have in ninvoking spousal privilege not to testify against one another
Ecleynne Mercy
Ecleynne Mercy
answered on Nov 29, 2018

In Georgia the law did change a bit. So here it is... The privilege to not testify against your spouse will no longer be available in cases: where one spouse is charged with a crime against the other; where one spouse is charged with causing physical damage to either marital property or the... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: If a public defender quits a case can he or she file a motion on behalf of the ex defendant after he or she has quit?

I want to know if the action if a filing motion once a lawyer quits a case goes against the code of ethics?

Ecleynne Mercy
Ecleynne Mercy
answered on Nov 28, 2018

It depends on so many things. There needs to be more information. The motion could a motion to withdraw from the case. A lawyer will need so much more Information to answer that. I hope this helps

1 Answer | Asked in Criminal Law and Constitutional Law for Georgia on
Q: How can I get a convicted felon testimony or impeach throw it out against me in a murder trial
Ecleynne Mercy
Ecleynne Mercy
answered on Nov 28, 2018

Tell your attorney. Its the only way.

1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: How do I handle a situation where I was jailed for 62 days without being fingerprinted?

I went to court and they judge gave me 3 years on probation. A few days later a probation officer called and said that I need to come in to be fingerprinted and if I didn't I would be arrested again. I just wanted some feedback on how to handle the situation because I shouldn't be jailed... View More

Ecleynne Mercy
Ecleynne Mercy
answered on Nov 28, 2018

You may need to get an attorney, but for real. Heres the issue, if you put if off the PO may just file a petition to revoke your probation because you violated a direct order to go and get fingerprinted by the PO. Please take care of this you do not want a warrant during the holidays probation... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: I was arrested for a misdemeanor amount of marijuana, three times between 2008-2010. Can I get a conceal carry permit?

The multiple arrests did result in a probation violation. All probations and everything were over by 2012. Occurred in the City of Roswell, Sandy Springs, then Cobb County

Ecleynne Mercy
Ecleynne Mercy
answered on Nov 28, 2018

For weapons carry license applications, the judge of the probate court shall within five business days following the receipt of the application or request direct the law enforcement agency to request a fingerprint based criminal history records check from the Georgia Crime Information Center and... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: How can I get a witness impeach in a murder trial if he is a convicted felon
Ecleynne Mercy
Ecleynne Mercy
answered on Nov 28, 2018

There are entirely way too many ways to impeach a witness, it does not matter what type of trial. Make sure your attorney knows what the lie is and the attorney will know the steps in which to make sure not only is the witness impeached but it is included in the record.

1 Answer | Asked in Civil Litigation and Criminal Law for Georgia on
Q: What is the penalty for illegally dumping in a business’s dumpster? First time offense
Ecleynne Mercy
Ecleynne Mercy
answered on Nov 28, 2018

OCGA 16-7-52 makes it unlawful for any person to intentionally dump egregious litter unless authorized to do so by law or by a duly issued permit.

Under 16-7-53, egregious littering is punishable either as a misdemeanor of a high and aggravated nature or as a felony depending upon type of...
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1 Answer | Asked in Criminal Law for Georgia on
Q: My husband got picked up on a possession of meth charge recommending rsat but he wants DRC how can he get DRC.?

I really need my husband at home helping me and with the DRC he could do that if he was in rsat down the south Georgia he wouldn't be here it'll be a hardship on me. He's at the Walker county sheriff detention center now with no bond. Been there since October. 10th this year

Ecleynne Mercy
Ecleynne Mercy
answered on Nov 28, 2018

He needs to hire an attorney. He may need to make a non-negotiated plea and request RSAT. The reason why you need an attorney is once you go non-negotiation the judge now has the ability to go lower then the recommendation or go higher. An attorney will be able to give you the best advice for... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: What is a flee charge
Ecleynne Mercy
Ecleynne Mercy
answered on Nov 28, 2018

Fleeing is (O.C.G.A § 40-6-395) which means It is illegal for any driver willfully fail or refuse to bring their car to a stop or flee or attempt to elude a pursuing police officer when given signal to bring the vehicle to a stop. For your first offense the Maximum fine can be $5000.00 AND the... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: If A lawyer takes themselves off of a case..... can they file motions for their exclient after they have removed themsel

If a lawyer removes themselves from a case...quits a case, can the lawyer file motions on that case for their excitement after the fact?

Ecleynne Mercy
Ecleynne Mercy
answered on Nov 28, 2018

Hmmmm.... filing motions just "for their excitement" is not acceptable. However, if your attorney has filed a motion to withdraw, its in your best interest to hire someone else because their are important deadlines you do not want to miss.

1 Answer | Asked in DUI / DWI for Georgia on
Q: facing a DUI charge any advice ?
Ecleynne Mercy
Ecleynne Mercy
answered on Nov 28, 2018

PLEASE GET AN ATTORNEY. Get one ASAP. DUI's can effect so much and an attorney will be able to tell you whether you should plea, have a motion or go to trial.

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