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Questions Answered by Ecleynne Mercy
2 Answers | Asked in Criminal Law for Georgia on
Q: I sent off a letter 6 months ago to the court in which I was convicted in requesting my minutes on my indictment and I

Received no answer. Q. Isn't it true without these minutes on my indictment im illegally detained?

Ecleynne Mercy
Ecleynne Mercy
answered on Sep 10, 2018

An indictment is the charging document. You want to request the transcript of your plea or your conviction.

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2 Answers | Asked in Criminal Law for Georgia on
Q: In the state of ga do women with violent crimes get 5for10 or 2for1’s
Ecleynne Mercy
Ecleynne Mercy
answered on Sep 10, 2018

No. There is no blanket sentence for women v. men. It all depends on the case, the facts, the criminal history, the county, the charges and etc. With regards to 2 for 1? Im assuming 2 for 1 is referring to jail time? That would determine on the Sheriff.

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2 Answers | Asked in Criminal Law for Georgia on
Q: What’s the incentive for women in the state of ga for violent crime
Ecleynne Mercy
Ecleynne Mercy
answered on Sep 10, 2018

I do not understand the question. I don't believe the word is "incentive." Please review so I can help.

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1 Answer | Asked in Criminal Law for Georgia on
Q: Duh, unless your somewhere that doesn't have a abled body certified to teach the class then what?
Ecleynne Mercy
Ecleynne Mercy
answered on Sep 6, 2018

I honestly have no idea what you are trying to say? Have a super nice day. :)

2 Answers | Asked in Criminal Law for Georgia on
Q: Can a person be charged with possession of a firearm by a convicted felon if the gun does not belong to them?

Also, the vehicle in which it was found is not in his/her name?

Ecleynne Mercy
Ecleynne Mercy
answered on Sep 6, 2018

Well it all depends. Possession of a firearm can be proven by direct and/or circumstantial evidence. Even if nothing belongs to her, depending on the evidence it can absolutely go either way. You definitely need an attorney because based on the charge there could be some probation revocation... View More

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2 Answers | Asked in Criminal Law, Juvenile Law and Sexual Harassment for Georgia on
Q: Husband confessed to touching sister as children in IL 28 years ago. In GA 20 years now. Can she still file against him?

Husband only admitted after begging me not to press charges on his sister's 15 yr old son for inappropriately touching our 6 yr old daughter. He is scared he will get prosecuted for what he did to his sister if I try to protect our daughter. His family doesn't know what he did to his... View More

Ecleynne Mercy
Ecleynne Mercy
answered on Sep 10, 2018

Illinois joins 36 other states and the federal government in removing criminal statutes of limitations for some or all sexual offenses against children. So you should call the DA's office in the county where you lived and you can potentially press charges.

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1 Answer | Asked in Criminal Law for Georgia on
Q: What will happen if a person refuse to sign a subpoena that was given by their probation officer?

A friend of mine refuse to sign a subpoena that her probation officer gave her. What are the consequences of her actions when she goes to court? This happened in Georgia.

Ecleynne Mercy
Ecleynne Mercy
answered on Aug 15, 2018

I don't think you mean subpoena.

But your friend may have been served with a Petition to Revoke his probation. She needs to get an attorney to argue why her probation should not be revoked. They can revoke up to the rest of her probated sentence.

2 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: If i have probation violation whats the most that they can impose on punishment with new charges from diff county.

And i had probation violation there and i was bonded out on the new chargers

Ecleynne Mercy
Ecleynne Mercy
answered on Aug 15, 2018

They can revoke the rest of your sentence. All the time left on your sentence can be revoked for jail time. Depending on the time of charge or/and the judge you can be revoked and have to serve day for day.

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1 Answer | Asked in Criminal Law for Georgia on
Q: What is considered a misdemeanor charger and what is considered a felony charge on terroristic threat
Ecleynne Mercy
Ecleynne Mercy
answered on Aug 15, 2018

Terroristic threat is as a MISDEMEANOR; provided, however,

IF the threat suggested the death of the threatened individual, the person convicted will be guilty of a FELONY and will be punished by a fine up to $1,000.00, imprisonment for at least one year but no more than five years, or...
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2 Answers | Asked in Business Law, Civil Litigation and Criminal Law for Georgia on
Q: I am running a business, 2 phones were stolen. I was told I would be charged with this if I didn't pay them back

I just opened this business, 2 phones were stolen from me and 1 was a sheriff's deputy. I was told I could be charged with theft by deception, but I had no intenting of deceiving anyone.

Ecleynne Mercy
Ecleynne Mercy
answered on Aug 15, 2018

So here's the thing. I would need more information. But I can offer a little bit of advice. Unfortunately, in this criminal justice field, its often said that its not what happened, but what you can prove. So from what I read, you haven't been charged yet. THUS, if things can be proven,... View More

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3 Answers | Asked in Criminal Law, Federal Crimes and Juvenile Law for Georgia on
Q: What laws, cases, and motions can I use for him not to have a record or have a conviction? I need all. Answers!

My son just BARELY turned 12, and just entered middle school this past week. He has NEVER been in trouble and gets As and Bs. A girl sent him a video of herself without a shirt or bra. My son was on the bus Last week, and was scrolling and listening to music like every-day. He was scrolling... View More

Ecleynne Mercy
Ecleynne Mercy
answered on Aug 15, 2018

So sorry this happened to your family. I can only imagine how you are feeling, however, no attorney can give you a formula to take care of it yourself. The facts you provided although detailed, do not come close to the information necessary to provide a confident legal answer. I hate when lawyers... View More

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3 Answers | Asked in Criminal Law for Georgia on
Q: Can 16-7-23 apply to me if it's my wife's car? Anything she owns is mine right?

Windows got busted. Old car but gwinett saying it's over 500 bucks of damage. I have no intention of taking a plea.

Ecleynne Mercy
Ecleynne Mercy
answered on Aug 15, 2018

To sustain this conviction for criminal damage to property in the second degree, the State is required to offer probative evidence which would sufficiently allow the jury to conclude you intentionally caused in excess of $500 damage to the property of another person without that person's consent.

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2 Answers | Asked in Criminal Law for Georgia on
Q: Immunity from criminal liability?
Ecleynne Mercy
Ecleynne Mercy
answered on Aug 15, 2018

The Georgia immunity statute authorizes only "use and derivative use" immunity.

Use and derivative use" immunity protects the testifying witness from the use of either the incriminating testimony or the fruits of the testimony. This is immunity from any criminal misconduct...
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2 Answers | Asked in Criminal Law and Probate for Georgia on
Q: I am on probation and I caught another felony and received a split sentence of more probation and PDC time.

While in PDC I caught another charge

Ecleynne Mercy
Ecleynne Mercy
answered on Aug 15, 2018

They may revoke all your time on the first probation charge. Because of the new felony charge while at PDC they may not send you there again. You may be looking at serious prison time.

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2 Answers | Asked in Criminal Law for Georgia on
Q: My wife called cops after I turned around and she was bent over and I accidently numbed into her with my leg and she

Fell and hit table and the cops asks if she wanted to press charges and she said just want me out so the called and then carved me with simple battery family violence and they did not read me my rights at the time of my arrest

Ecleynne Mercy
Ecleynne Mercy
answered on Aug 15, 2018

Hello.

Don't need to read your rights if your wife already called said that you injured her and officers witness bruising. They already had enough probable cause for an arrest. The reading of the rights come in only if, they tried to get your testimony after being arrested.

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2 Answers | Asked in Civil Litigation, Personal Injury and Traffic Tickets for Georgia on
Q: If a motorist is at fault and has suspended license also no valid insurance is it possible to sue?

If it is possible how do I go about it?

Ecleynne Mercy
Ecleynne Mercy
answered on Jul 26, 2018

First, make sure that there is a criminal case. You can always sue. The question is: What can I get out of it, if I sue? You should call a lawyer and see what your options are. Its a personal injury case so a phone consult will be free or should be free.

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1 Answer | Asked in Juvenile Law for Georgia on
Q: What’s the max punishment of a juvenile charged the 16-11-37.1?
Ecleynne Mercy
Ecleynne Mercy
answered on Jul 26, 2018

Any person convicted for violation of this Code section shall be guilty of a misdemeanor of a high and aggravated nature. So the Max jail sentence will be one year to serve and I believe a $1000.00 fine.

However, if the person who commits or attempts to commit terroristic threats towards...
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1 Answer | Asked in Juvenile Law for Georgia on
Q: If I signed the 1st offenders paperwork 23 years ago, why is my record still unlocked after all these years.

I received my disposition for my old conviction recently. I saw I signed off on the 1st offenders ACT in 1996, wondering who do I contact and wondering why my records aren't sealed. Would anyone know what is my next step of handling this matter?

Ecleynne Mercy
Ecleynne Mercy
answered on Jul 26, 2018

Hey call the GBI and let them know what happened here is the number

Call: 404-244-2639

Choose Option 1. Criminal History Inquiries regarding Expungement or Updates

2 Answers | Asked in Criminal Law for New York on
Q: Is a previous unreported and privately settled crime useful for PD & DA investigating and trying the case?

Individual arrested grand larceny 2nd for stealing more than $50k from employer. Individual committed similar crime about 8 years ago but in lieu of pressing charges the employer agreed to restitution + 30% ($130k). Would this info be helpful to police and prosecutors to establish a pattern?... View More

Ecleynne Mercy
Ecleynne Mercy
answered on Jul 26, 2018

If you are for the Defendant. You may not want to volunteer other acts because depending of the facts of the case it may be admissible. The fact that they didnt press charges, doesn't help the client it only hurts because an ADA can argue he was given a chance and is still doing the same... View More

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2 Answers | Asked in Criminal Law for Georgia on
Q: My Friend ex broke into her home and attacked her & kids? Can she press charges for all including the unborn?

He broke into her home during the middle of the night, destroyed her home, beat her up, and hit one of the children (kid has bruises), the other child was asleep, flattened all of her car tires so she could not leave and stole all of her debit and credit cards. Might I add she is pregnant. She has... View More

Ecleynne Mercy
Ecleynne Mercy
answered on Jul 26, 2018

First. Make sure everyone involved gets proper medical treatment. Especially being that she is pregnant.

Second: Call the police and file formal charges

Third: File a Temporary order of Protection noting this new incident

Forth: Call the District Attorney's office...
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