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Questions Answered by Ecleynne Mercy
1 Answer | Asked in Public Benefits for Georgia on
Q: GA Code § 1-2-3 (2018) Under this code how is the citizenship of the state of Georgia is acquired?
Ecleynne Mercy
Ecleynne Mercy answered on Jul 10, 2019

All citizens of the United States, resident in Georgia, are citizens of Georgia.

Ga. Const. 1983, Art. I, § I, ¶ VII.

Until citizenship is acquired elsewhere, a citizen of Georgia continues to be a citizen of the state and of the United States.

2 Answers | Asked in Family Law for Georgia on
Q: Is a temporary guardianship form valid if it was signed without having a court hearing first ?
Ecleynne Mercy
Ecleynne Mercy answered on Jul 10, 2019

Except as otherwise provided by statute, if the sole parent or both parents of the minor have consented to the appointment of the temporary guardian, as evidenced by notarized written consents attached to the petition to be appointed the temporary guardian, the probate court must grant the petition... Read more »

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2 Answers | Asked in Car Accidents for Georgia on
Q: If I am driving down the turning lane and someone pulls out of a store and hits me am I at fault?
Ecleynne Mercy
Ecleynne Mercy answered on Jul 10, 2019

Hey we would need more information. Call a Criminal Defense Attorney or a Personal Injury attorney and they can review the police report and tell you what your options are. I pray this helps.

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1 Answer | Asked in Criminal Law for Georgia on
Q: Can driving a vehicle as a habitual violator arrest be used to declare recidivism (O.C.G.H. 17-10-7 (c) ) ?

I am searching for cases where the sentence has been vacated due to the use of Motor Vehicle charges. Gainesville Georgia

Ecleynne Mercy
Ecleynne Mercy answered on Jul 10, 2019

Defendant, convicted of operating a motor vehicle after having been declared an habitual violator and failing to obey a traffic control device, was improperly sentenced as a repeat “serious violent felony” offender where, although defendant had two previous habitual violator felony convictions,... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: Can I switch from drug court that I'm already in and use my first offenders to get regular probation?

It's my first offense ever. I was charged with possession of meth, heroin, cocaine and paraphernalia. All the amount were less than a gram. My options were using my first offenders, conditional discharge 3 years, or drug court. I accepted the drug court and transferred the case to a county... Read more »

Ecleynne Mercy
Ecleynne Mercy answered on Jul 10, 2019

At entry the participant must sign a contract. This contract details all requirements and rules of the

accountability court program. So first review your contract with regards to alternative sentencing. However, in most

Felony Drug Court maintains a post‐plea structure and...
Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: How much time will my bfriwnd serve on a 5 year sentence

Non violent crime, probation revokation for possesion

Ecleynne Mercy
Ecleynne Mercy answered on Jul 10, 2019

This all depends on the facts of the case and the probation officers recommendation. Youll need a lot more information and an attorney to get specifics on how much time if any gets revoked.

3 Answers | Asked in Family Law and Juvenile Law for Georgia on
Q: How do i obtain a copy of termination of parental rights? The rights were taken away about 10yrs ago. I need a copy
Ecleynne Mercy
Ecleynne Mercy answered on Jul 10, 2019

Call the clerk of the court it was Ordered in and request a certified copy of the Order. They can mail or you can pick it up at the courthouse. There may be a small fee depending on the County. I pray this helps.

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1 Answer | Asked in Criminal Law for Georgia on
Q: My husband asked me to cash a work check for him while he was arrested now he is threatening me with criminal charges

He wrote a letter giving me permission.

Ecleynne Mercy
Ecleynne Mercy answered on Jul 10, 2019

I would need more information. But he can file criminal charges or a civil case against you if you took the funds and did something other then what you all agreed to.

1 Answer | Asked in Criminal Law for Georgia on
Q: My daughter is in jail and needs medical she only has 45 days can I do anything to get her out sooner

She's been there since Feb was hospitalized in March while in jail was supposed to return to doc but they never took her gallstones which needs surgery she's not had a period since she's been there that's not healthy what can I do

Ecleynne Mercy
Ecleynne Mercy answered on Jul 10, 2019

You need to contact the Sheriff immediately. Make a note about your medical concerns. The more evidence you can provide with regards to the urgency of her medical condition would be key.

1 Answer | Asked in Criminal Law for Georgia on
Q: How do I get the State Board Of Pardons & Parole Board to adhere to my Amended Recidivism Sentence?

I am serving a 10 years sentence on 1Count of Aggravated Assault, which is my first felony. At one-third of my time I received a letter from the Parole Board stating that I was sentenced as a Recidivist. Afterwards I filled a Motion To Correct Void Sentence & a Habeas Corpus. As of December... Read more »

Ecleynne Mercy
Ecleynne Mercy answered on Jul 10, 2019

Tell the court that made the amendment to make sure the GBI has the Order of the change.

1 Answer | Asked in Criminal Law for Georgia on
Q: How do you request a 1st offender plea deal or bond reduction for drugs. If the pub defender assigned won't help you?

My fiance delivered thc wax and cannabis to a CI for a person who cannot be found. He also used his cellphone to confirm delivery time. A warrant was issued and he has been in Forsyth county since 5/2019. His pub def claims that the DA won't offer a plea deal for 1st time offender or respond... Read more »

Ecleynne Mercy
Ecleynne Mercy answered on Jul 10, 2019

With regards to the first offender the judge has the option not to grant it...which means it’s NOT a guarantee. Not seeking first offender plea now does not mean it’s completely out of the picture. With reference to the health issue I would send the relevant medical concerns to the Sheriffs... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: How can I get obstruction of a officer felony charge without conducting No Violence to any officer ?

A Cobb county officer lied to me and told me he was gonna ask the other people in the car if the illegals were theirs he never did and then gave me felony obstruction of a officer with no explanation and still told me I didn’t have any felonies , only misdemeanor for the stuff that wasn’t mine... Read more »

Ecleynne Mercy
Ecleynne Mercy answered on Jul 10, 2019

You will get the “explanation” I’m your discovery the evidence provided by the prosecutor. Officers have the absolute right to lie to you. That’s why it’s so important to know your rights and as for an attorney when being questions by law enforcement.

1 Answer | Asked in Criminal Law for Georgia on
Q: Being on felony probation in Georgia. Does that give any officer the right to search my person or place.
Ecleynne Mercy
Ecleynne Mercy answered on Jul 10, 2019

Definitely gives Probation the right to search you. However, you need to look at your plea sheet and see if there is a 4th Amendment waiver they do that on certain counties which means any law enforcement can search you. I hope this helps.

1 Answer | Asked in Criminal Law for Georgia on
Q: Is there anyone in the Georgia area that will take on a criminal defense case? I have tried researching pro bono lawyers

I can make payments towards any and all assistance provided I just do not have the amount that is being asked upfront. I just utilized the rest of the savings that I had to retain an initial attorney and then bond. I am currently in the process of buying a house. I am looking for any assistance at... Read more »

Ecleynne Mercy
Ecleynne Mercy answered on Jul 10, 2019

Well you definitely should let the court know what you are trying to do. Let them know that your in the process of getting one. See about getting a later court date and the judge should give you enough time to get your funds together and at least make a substantial down payment for services. I hope... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: Can I have my record completely sealed after it’s been restricted in Georgia for a misdeamenor shoplifting charge

I did pretial diversion record was restricted but in the nursing field and continuing education I need this sealed with the court system what can I do

Ecleynne Mercy
Ecleynne Mercy answered on Jul 2, 2019

To get the file of your restricted charges sealed you must file an action and show the court that the harm suffered by the clerk’s record remaining public (i.e., denial of jobs, licensing, housing, etc.) outweighs the interest in the record being publicly available. In other words, you need the... Read more »

2 Answers | Asked in Criminal Law for Georgia on
Q: Coworker was harassing me & she asked me to step away from my work booth & when I did she hit me. Can I press charges?

Ongoing harassment and the other party was clocked out. She was provoking me and I told her if she wanted to talk to me then let's talk. She asked me to step away from the booth and she punched me twice. Officer said to leave it alone because I can get in trouble too but I didn't hit her.... Read more »

Ecleynne Mercy
Ecleynne Mercy answered on Jul 2, 2019

Any citizen may make an application for an arrest warrant. It is strongly recommended that the crime first be reported to the appropriate law enforcement agency. There are certain requirements needed prior to filing:

The applicant must be 18 years of age or older or the parent or guardian...
Read more »

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1 Answer | Asked in Criminal Law for Georgia on
Q: can 3rd degree forgery charges be lowered or drop if the person unknownly cashed a check that they didnt know was fake

someone ask if I would cash what i thought was a income tax refund check into my account that was in there number, but months later for bank returned the check. and now being charged

Ecleynne Mercy
Ecleynne Mercy answered on Jul 1, 2019

A person commits the offense of forgery in the third degree when with the intent to defraud he or she knowingly:

(1) Makes, alters, possesses, utters, or delivers any check written in the amount of $1,500.00 or more in a fictitious name or in such manner that the check as made or altered...
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1 Answer | Asked in Criminal Law and Intellectual Property for Georgia on
Q: What options do I have when a neighbor caused, allowed and had knowledge of a theft of property of greater than $30K?

I am disabled and live in a subsidized apt in GA. My neighbor let two people stay with her for approx. 2 weeks until they were arrested for trespassing. During that two weeks, the guests stole property I had on the porch due to bed bugs. Neighbor knew I was keeping those items. She even had a... Read more »

Ecleynne Mercy
Ecleynne Mercy answered on Jul 1, 2019

I would make sure that there is a criminal warrant against the 2 people that did the stealing. You can always apply for a criminal warrant on your neighbor for aiding and abetting. You can also try to sue her for any items she lied about and said they were hers. I hope this helps. An attorney can... Read more »

1 Answer | Asked in Criminal Law and Elder Law for Georgia on
Q: My neighbor got me fired. How am I in trouble for this?

My neighbor got upset about my small dog in her yard in February, and she made false accusations about me to try to get me fired. I filed two police reports about harassment. She stopped until two weeks ago when she started an incident in the driveway when I wasn't here. During the incident,... Read more »

Ecleynne Mercy
Ecleynne Mercy answered on Jul 1, 2019

First, you want to care of the criminal case first. You want to get an attorney for that hearing because the burden of proof is so low. Please get an attorney although you may feel you are not in the wrong how you present that information in connection with the law is what will get the criminal... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: What steps do you take when you know a prisoner is being abused?
Ecleynne Mercy
Ecleynne Mercy answered on Jul 1, 2019

Encourage your loved one to attempt to handle it at the facility level first by filing a grievance and/or attempt to contact the following staff in this order: inmate's Counselor, Chief Counselor, Deputy Warden of Care & Treatment, Warden, and then, Ombudsman staff. Inmates may write to... Read more »

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