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Questions Answered by Ecleynne Mercy
1 Answer | Asked in Criminal Law for Georgia on
Q: Do u have to give your name to a police officer?
Ecleynne Mercy
Ecleynne Mercy
answered on May 14, 2019

For purposes of the crimes of obstructing an officer and giving a false name to an officer, an officer is not within the lawful discharge of his official duties when he approaches and questions an individual without specific, articulable facts sufficient to give rise to a reasonable suspicion of... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: Statute of limitations for first degree burglary.

Statute of limitations & each step of action to be taken when you are charged with burglary in the first degree.

Every step taken until now. The Preliminary, Arraignment, indictment, warrant or complaint & trial date? What the statute is for each & when the action required has... View More

Ecleynne Mercy
Ecleynne Mercy
answered on May 14, 2019

United States Supreme Court said that the right to a speedy trial is different from other constitutional rights in that (1) society has an interest in the prompt trial of those charged with crime, and long imprisonment prior to trial may have a destructive effect on a defendant; (2) a delay may... View More

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Domestic Violence for Georgia on
Q: A man is sueing me for the aftermath of us fighting and has caused harrassment, emotional distress, etc.

The man and I got in a fight over him getting mad that I was late picking him up in his car. The man had pushed me down and tried to tackle me, in result I tried to get away and took his protein shake stuff opened it and threw it at him. It got all over his apartment. This resulted in us ending up... View More

Ecleynne Mercy
Ecleynne Mercy
answered on May 14, 2019

You most definitely need an attorney to defend you. You risk losing a lot if you lose at trial and/or go without an attorney to represent your interest.

1 Answer | Asked in Criminal Law for Georgia on
Q: What are the chances of getting a bench warrant lifted on a FTA for a felony charge?
Ecleynne Mercy
Ecleynne Mercy
answered on May 14, 2019

Depending on the felony charge and the county. For example if your in Cobb you can get a bench warrant lifted but depending on the felony they may require a drug test and if you fail that you can automatically be taken into custody.

1 Answer | Asked in Criminal Law for Georgia on
Q: What happens when an incompetent teen commits armed robbery
Ecleynne Mercy
Ecleynne Mercy
answered on May 14, 2019

have his attorney make a motion for a competency evaluation.

1 Answer | Asked in Criminal Law for Georgia on
Q: How would I go about having a "criminal trespass warning" canceled in the state of Georgia?
Ecleynne Mercy
Ecleynne Mercy
answered on May 14, 2019

Georgia law O.C.G.A. § 16-7-21 requires that individuals who are subject to a criminal trespass warning receive notice that entry upon the premises is forbidden.

2 Answers | Asked in Criminal Law for Connecticut on
Q: Good morning. Do you do or bono work for someone accused of a sex crime?

My husband has been accused of rape. We believe he’s innocent but we can’t afford a lawyer so he has a public defender that hasn’t been there to see him once. We really need your help if you can.

Ecleynne Mercy
Ecleynne Mercy
answered on May 14, 2019

Well, I have reached my pro bono limit for 2019 and 2020. However, I would suggest you just email your public defender so you can have some communication.

In addition, If you have a legal problem in Georgia, visit www.GeorgiaLegalAid.org for a complete directory of civil legal assistance...
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1 Answer | Asked in Criminal Law for Georgia on
Q: How worried should I be about going to jail on a first offense misdemeanor of simple assault?
Ecleynne Mercy
Ecleynne Mercy
answered on May 6, 2019

you should always be worried.

(a) A person commits the offense of simple assault when he or she either:

(1) Attempts to commit a violent injury to the person of another; or

(2) Commits an act which places another in reasonable apprehension of immediately receiving a violent...
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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Georgia on
Q: My federal habeas was dismissed due to untimely filing. My ?, what should I expect to pay for an out of time appeal

I was in prison from 2009 to 2017. My attorney filed a post judgement motion and then a appeal from that motion. However, all judgements, convictions, and sentences from the trial court are directly appealable to the Ga. Court of appeals. There is also a O.C.G.A. statute that states a post... View More

Ecleynne Mercy
Ecleynne Mercy
answered on May 6, 2019

Honestly. Expect to pay a lot. I don't do Appeals, but the saying you get what you pay for rings very true in appeals cases. Be prepared to spend a large amount of money because the data review alone is hours. I hope this helps.

1 Answer | Asked in Criminal Law for Georgia on
Q: Living with kids what is the rule

Grandparents have baby he will be livung with them when gets out. He is a sex offender what is the rules

Ecleynne Mercy
Ecleynne Mercy
answered on May 6, 2019

Who is the sex offender? Grandparents? Defendant? Both?

Well regardless of what someone is charged with, they will need more than just a conviction to keep them away from their children. Absent a stay away order, specific sentence conditions or a termination of parental rights a defendant...
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1 Answer | Asked in Criminal Law for Georgia on
Q: On two counts of aggravated child molestation. Venue was proved on count one only. How does it affect the trial?

The sentence was not two sentences to run concurrent.Does the venue issue attach as a whole and a new trial be given?

Ecleynne Mercy
Ecleynne Mercy
answered on May 6, 2019

I would need more information. You have to look at the indictment and what was alleged in the indictment. Then you said sentence.... Like did they plea? if they pled, sometimes certain arguments are no longer available to you because of the plea. Please have an attorney review the case.

1 Answer | Asked in Criminal Law for Georgia on
Q: Is there away to check if attorney is qualified by the state of georgia to represent someone in a death penalty case?
Ecleynne Mercy
Ecleynne Mercy
answered on May 6, 2019

RULE 1.1 of State Bar Handbook says

COMPETENCE

A lawyer shall provide competent representation to a client. Competent representation as used in this Rule means that a lawyer shall not handle a matter which the lawyer knows or should know to be beyond the lawyer's level of...
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2 Answers | Asked in Immigration Law for Georgia on
Q: How long usually take to receive Parole after biometrics are given?

I also did some search on the internet about my situation and some of the immigration attorneys wrote that it is possible to get it sent to the consulate in my country while I am in there or with DHL.

Ecleynne Mercy
Ecleynne Mercy
answered on May 2, 2019

You have a very serious question. You need to consult an attorney any information you find online may not be what you need because of the extent of your case. instead of surfing the web. Set up an actual consultation with an immigration attorney. I understand that its expensive but the risk of... View More

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1 Answer | Asked in Immigration Law for Georgia on
Q: My fiancé is illegal immigrant but we want to get married but he has record of driving without license

Would that stop Him from getting papers when he marries?

Ecleynne Mercy
Ecleynne Mercy
answered on May 2, 2019

Certain misdemeanors or felonies can affect the naturalization process. You need to discuss this with an immigration attorney to review his record and see what if any solutions are available to help with the process of naturalization.

1 Answer | Asked in Constitutional Law for Georgia on
Q: If a search warrant for the 16th but was served the 15th what do I say t0 judge
Ecleynne Mercy
Ecleynne Mercy
answered on May 2, 2019

You shouldn't say anything!!

You need to get an attorney because it gets real tricky.

All search warrants must state the time and date of issuance. O.C.G.A. § 17-5-22.

So, the failure to set forth the time of issuance of the warrant MAY be a fatal defect in certain...
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1 Answer | Asked in Employment Law, Personal Injury, Civil Rights and Federal Crimes for Georgia on
Q: In Georgia , is it possible to use a recorded conversation with a crime victim suspect on a phone.

I have a witness who has been working with local police and the owner of a commerical business that failed to provide adequate security. IE for an assaulted employee.

Full confession of the intent to make the case become " IGNORED BY THE OWNER LAW ENFORCEMENT BRIBES."

I... View More

Ecleynne Mercy
Ecleynne Mercy
answered on May 2, 2019

Although a statute prohibits the recording or taping of private telephone conversations, it does not prohibit a party to the conversation from recording it. O.C.G.A. §§ 16-11-62, 16-11-66(a).

Which means if you are a part of the conversation, you can record it. But if you just recording...
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1 Answer | Asked in Federal Crimes, Libel & Slander, Personal Injury and Wrongful Death for Georgia on
Q: What if the signing doctor put false cause of death on the certificate? Called it an overdose with tests disproving over

Called the persons death a possible overdose when every test came back clean.

Ecleynne Mercy
Ecleynne Mercy
answered on May 2, 2019

A death certificate serves as evidence only of (1) the death itself and (2) the immediate agency (reason) of the death. Other conclusions, such as those regarding the events leading up to the death or whether the cause of death was intentional or accidental, are not admissible. Swanson v. State,... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: What are the time limitations for a trial judge to issue and order on a motion to suppress?
Ecleynne Mercy
Ecleynne Mercy
answered on May 2, 2019

(a) In a county with less than 100,000 residents, it shall be the duty of the judge of the superior, state, or city court, unless providentially hindered or unless counsel for the plaintiff and the defendant agree in writing to extend the time, to decide promptly, within 30 days after the same has... View More

2 Answers | Asked in Criminal Law for Georgia on
Q: If my husband did not touch me how can he be charged with aggravated assult
Ecleynne Mercy
Ecleynne Mercy
answered on May 2, 2019

There are two components to the prove of any aggravated assault under O.C.G.A. § 16-5-21.

First, the defendant must commit an assault. Assault can be committed either by attempting to inflict a violent injury upon another or by placing another in reasonable fear of immediately receiving...
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2 Answers | Asked in Criminal Law, Divorce, Family Law and Child Custody for Georgia on
Q: How can I stop my ex wife from using her crazy friend and her husband as babysitters for my 5 y.o. daughter?

The woman is bipolar, manipulates ex wife and has had violent outbursts at work The husband hacked into my laptop, email accounts, travel, Expedia, HSA account, mobile phone account and printed all of this. He has also planted spy cameras in ex wife's home, office and filed a TPO on his 15... View More

Ecleynne Mercy
Ecleynne Mercy
answered on May 2, 2019

Get a lawyer and request an emergency hearing. You can request an emergency hearing!!! Based on what you wrote you are truly concerned. Do not wait. Get a lawyer and request an emergency hearing, what will happen is there will be an immediate look into the case and then you can request... View More

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