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Questions Answered by Ecleynne Mercy
1 Answer | Asked in Consumer Law, Criminal Law, Civil Rights and Constitutional Law for Georgia on
Q: How does the DEA determine 'Domicile/Country" of residence???

Edit "I Meant:COUNTY, Not Ctry must live w/in so many miles of Dr. (same one for last 13 yrs). I moved in w/Dad 5 yrs ago, see my Dr. Every 3 mos., and have my meds mailed to me (I can not fill Opiod Rx 40 miles from Dr.) I am vary disabled so driving is difficult. Imy Dad passed 12-20-18, and... View More

Ecleynne Mercy
Ecleynne Mercy
answered on Jul 1, 2019

Federal court jurisdiction, is limited to the types of cases listed in the Constitution and specifically provided for by Congress. For the most part, federal courts only hear:

Cases in which the United States is a party;

Cases involving violations of the U.S. Constitution or federal...
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1 Answer | Asked in Gov & Administrative Law and Criminal Law for Georgia on
Q: How long can a person be held in another state after a governors warrant has been issued? The warrant is for Georgia
Ecleynne Mercy
Ecleynne Mercy
answered on Jul 1, 2019

If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant or bond, a judge or magistrate may discharge him or may recommit him for a further period not to exceed 60 days, or a judge or magistrate may again take bail for his appearance and... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: I was not honest about a doctors appointment in order to get a flight refund
Ecleynne Mercy
Ecleynne Mercy
answered on Jul 1, 2019

CIVIL RAMIFICATIONS: THEY CAN SUE YOU FOR THE MONEY BACK

ACCORDING TO OCGA 51-6-2 (a) Willful misrepresentation of a material fact, made to induce another to act, upon which such person acts to his injury, will give him a right of action. Mere concealment of a material fact, unless done in...
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1 Answer | Asked in Criminal Law, Employment Law, Civil Rights and Gov & Administrative Law for Georgia on
Q: Are there laws in place for how someone should be treated, during the jail booking process? Such as meals, shower.

My mother was arrested and kept in holding cells for 3 days only to receive 2 sandwiches, no blanket or sheet, and denied the chance to shower while soiled due to disability. She was also being made fun of and taunted being called stinky by the jail employee. She was given the chance to make a... View More

Ecleynne Mercy
Ecleynne Mercy
answered on Jul 1, 2019

The 8th amendment offers protection to ensure your basic human rights are protected if you go to jail or prison. Government facilities in Georgia have certain immunities from lawsuits that private facilities do not. In many circumstances, however, Federal and state “Torts Claims Acts” allow... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: How can spaulding county ga issue 5 warrents consisting of 25 felonies an 15 misdomeaners all based on hear say?

I have never signed my name to anything I never cashed any check nor do i have identification nor have i ever stamped my finger print on any check. But because someone says I cashed a check that did not belong to me an didnt have permission to cash it spaulding county georgia law enforcement... View More

Ecleynne Mercy
Ecleynne Mercy
answered on Jul 1, 2019

The state can file any charges in which they have sufficient probable cause for which is a low threshold. If you want to be successful in this case you must hire an attorney early on. You do not want to wait until calendar call to get an attorney.

1 Answer | Asked in Civil Litigation and Criminal Law for Georgia on
Q: Has the law changed o.c.g.a.9-14-43 the first time I understood it to say to be filed in the county I lived .

That didn't work. Judge told me to send it to the county of my conviction.i did ,now it was sent back . stating file it in the county I was incarcerated in. Who is right?

Ecleynne Mercy
Ecleynne Mercy
answered on Jul 1, 2019

The Habeas petition must be filed in the superior court of the county in which the petitioner is being detained (in prison).

Ga. Code Ann. § 9-14-43 (West)

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Child Support for Georgia on
Q: Can a 16 year old girl have a baby with a 18 year old boy in Alabama?
Ecleynne Mercy
Ecleynne Mercy
answered on Jul 1, 2019

In Alabama (a) A person commits the crime of rape in the second degree if:

(1) Being 16 years old or older, he or she engages in sexual intercourse with a member of the opposite sex less than 16 and more than 12 years old; provided, however, the actor is at least two years older than the...
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1 Answer | Asked in DUI / DWI for Georgia on
Q: Can a DUI- Drugs license suspension be served on top of an Administrative License Suspension for refusal to test?

My boyfriend got a DUI-Drugs in November of 2017. He had his hearing and sentencing in April, 2018. He also refused to do a blood test, which is a hard 12-month license suspension. He served this and got his license back January, 2019 no problem. April, 2019, we got a letter in the mail from DDS... View More

Ecleynne Mercy
Ecleynne Mercy
answered on May 20, 2019

A DUI suspension, first offense in 5 years, license will be suspended for 12 months. However, at the end of 120 days, the driver can apply for reinstatement if all the following conditions are met:

- Suspended for 120 days.

- Present a Certificate of Completion of a DDS approved...
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1 Answer | Asked in DUI / DWI for Georgia on
Q: under age dui (40-6-391k) in GA but from OH, Wonder if priors for OH will show up for GA. First offense in GA

Was cited for Under age dui .02 or more in GA. Priors are ovi as a juvenile and 2 ovi charges as an adult. Failed for thc and alcohol in all cases, currently on non reporting probation and sr22 license bond. Any advice is gratefully appreciated

Ecleynne Mercy
Ecleynne Mercy
answered on May 20, 2019

A criminal proceeding involving a prosecution for a DUI, evidence of the commission of another DUI on a different occasion by the same accused shall be admissible when:

(1) The accused refused in the current case to take the state administered test and such evidence is relevant to prove...
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1 Answer | Asked in Criminal Law for Georgia on
Q: I owe $1,847 for possession of drug related objects, first time getting a citation, is that amount to high? Im under 18.

I was given a citation for possession of drug related objects, prior to that citation i have got 1 other citation for following to closely. I have never been in trouble with police prior to this, I am 17 years old, i was wondering if $1,847 is to much for it being my first offense.

Ecleynne Mercy
Ecleynne Mercy
answered on May 20, 2019

At 17, you are an adult for the purposes of criminal prosecution. Any person who violates any provision of OCGA § 16-13-32.2 possession of drug-related object shall be guilty of a misdemeanor. OCGA § 16-13-32.2 The max is 12 months to serve in jail and/or up to $1,000.00 in fine. These fines do... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: My brother was locked up at 17 and when his attorney came to sprak to him they tild hin he could not speak to him.

The attorney submitted a written request for the detectives to stop talking to him and they did not. He later confessed but they initially stated they just wanted to talk to him.

Ecleynne Mercy
Ecleynne Mercy
answered on May 20, 2019

He needs an attorney to potentially argue a motion to suppress any confessions that were made. If this happened as explained AND it is proven that your brother didn't waive his rights to speak to an attorney either written or oral.

1 Answer | Asked in Criminal Law for Georgia on
Q: can a store hold your identification in exchange for payment later and while they're holding it can they make a photocop
Ecleynne Mercy
Ecleynne Mercy
answered on May 20, 2019

Georgia law does place limits on what information businesses can collect and requires that businesses take every reasonable action to ensure that no unauthorized person will have access to your personal information. The Federal Trade Commission also recommends to businesses that they keep sensitive... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: Can an attorney be denied to a see a 17 year old if the attorney request to speak to him verbally and in writing?

They refused his request and continued there interrogation to later render a confession.

Ecleynne Mercy
Ecleynne Mercy
answered on May 20, 2019

In GA for the purposes of criminal prosecution, you are an adult at age 17. To answer the question, no they can not deny him speaking to his attorney. However, if he waived his rights or signed a waiver that is a different story. One must examine the facts of the case and if the facts are as you... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: My son was locked up in cobb County jail for a nick bag of weed and criminal trust passing in Feb 2019 when I bonded

When I bonded him out those were the charges but yesterday when we went to court they slap another charge obstruction of an officer which isn't true my son was the o e beaten after placed in hand cuffs they druged him and he suffered a sprain shoulder and lasions on his shoulder arms and legs... View More

Ecleynne Mercy
Ecleynne Mercy
answered on May 20, 2019

You need to get an attorney, who will review the evidence and review the case. There may be some appropriate motions that need to be filed. Requesting the copy of the dash cam and body cam will help in the attorney's investigation. The arraignment is when the court informs the Defendant of the... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: Where can I get a motion for a speedy trial in Georgia without getting it from a lawyer
Ecleynne Mercy
Ecleynne Mercy
answered on May 20, 2019

Google, however, you will get what you paid for. An attorney will let you know if the speedy trial is the best move. Sometimes it is not. Let your public defender do it, or have him or her explain why it is or it is not in your best interest.

1 Answer | Asked in Civil Litigation and Criminal Law for Georgia on
Q: I got a ride from a friend in 2017 to go buy me a car and we were pulled over they searched the car a found drugs weapon

The took money from me and I had nothing to do with what they found they sent a letter pursuant to ocga 9-16-11(b) so just this past Monday the driver of the car went to court and told the truth that i didn’t know anything about what was in his car how can I get my money back

Ecleynne Mercy
Ecleynne Mercy
answered on May 20, 2019

After the law enforcement takes your property, the State must file a civil forfeiture complaint against you, with notice. You then have 30 days to file an answer to the complaint. Once your answer has been filed, a hearing will be scheduled within 60 days. It is important to timely file an answer... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: if I was convicted under the wrong name because a misspelling could I fight any new charges under my birth name?
Ecleynne Mercy
Ecleynne Mercy
answered on May 14, 2019

The Fourth Amendment requires an arrest warrant to “particularly describe … the persons … to be seized.” Normally, this requirement is satisfied by naming the individual to be arrested, although it is better to add identifying information to the warrant even when the full name of the... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: Is pleading guilty to a misdemeanor in a plea agreement from indicted felony disqualified from record restriction?

Original charge was weapon on school property in 2007. Through plea agreement, pled guilty to carrying concealed weapon in 2008. Successfully paid fines and completed probation in 2009 and have nothing else on my record before or since.

Ecleynne Mercy
Ecleynne Mercy
answered on May 14, 2019

Contact the solicitor's office in your county and confirm that you would like this to go into record restriction if you completed one of their PTI (pre-trial diversion) classes.

1 Answer | Asked in Criminal Law for Georgia on
Q: How can I beat a good behavior bond that was taken out on me?

I met my husband 3 years after he separated. Despite me not having anything to say to her she's tried everything to undermine and disrespect me. She showed up at my house (shes not allowed there) I called 911 and she left. Two days later I was served. Shes accusing me of terrorizing her,... View More

Ecleynne Mercy
Ecleynne Mercy
answered on May 14, 2019

I would first talk to your attorney before considering firing him. He could be potentially trying to protect you from unnecessary stresses. BAsed on the case, he probably just trying to pre-try the case to provide you with all your options. You haven't accepted anything unless you pled to it.

1 Answer | Asked in Criminal Law for Georgia on
Q: requesting a felony mortification that is 12 years incarceration, out after 6, will finish parole in jan,, then 10prob

i would like him to fun my probation along with parole so i can be done

i am disabled and have a $3000 fine too - can that be removed due to income limitations/

Ecleynne Mercy
Ecleynne Mercy
answered on May 14, 2019

There is a lot of things to consider. I can not just give you an answer. Things to look at are, the county, your criminal history, the ADA, the Judge, how many violations and etc, these are just some of the information necessary to determine whether your modification will be granted.

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