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Questions Answered by Ecleynne Mercy
1 Answer | Asked in Criminal Law for Georgia on
Q: Is it possible to transfer a court case to a different state due to monetary hardship and not able to stay instate

My girlfriend has a court hearing (sold tobacco to a minor by 'sting operation') in 3-4 months but her car recently broke down beyond repair and she has no way to get another one to be able to work and live where she currently is. I am able to bring her to where I live in order to help... View More

Ecleynne Mercy
Ecleynne Mercy
answered on Apr 22, 2019

I think I may need some more information. However, the case while pending will not be transferred. However, the case after a plea or some sentencing can be transferred. I would suggest informing the court about the financial hardship and proceed from there.

1 Answer | Asked in Criminal Law and Sexual Harassment for Georgia on
Q: Hi. My friends step brother sexually assaulted and raped her when she was in 7th grade. The guy is 4-5 years older

She has just now come forward at the age of 22. He is already on the registry. What are the steps to report him and possibly get him convicted?

Ecleynne Mercy
Ecleynne Mercy
answered on Apr 22, 2019

Call the District attorney office and report the crime.

O.C.G.A. § 17-3-2.1 sets out the statute of limitations for most sex offenses involving children under the age of 16.

For offenses committed between July 1, 1992 and June 30, 2012, if the alleged victim of the offenses of...
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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: Is the 2013 code 17-10-6.1 section "e" mandatory minimum deviation retroactive?
Ecleynne Mercy
Ecleynne Mercy
answered on Apr 22, 2019

Trial court has no discretion to alter or to allow parole board to alter mandatory minimum sentence of ten years for any serious violent felony, including armed robbery.  

Taylor v. State, 1999, 241 Ga.App. 439, 526 S.E.2d 910.

Statute prohibiting trial court from giving first...
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1 Answer | Asked in Criminal Law for Georgia on
Q: probation case being sent back to the sentencing circuit to review violations

I'm on first offenders no other charges in my life I pissed dirty three times passed one should I be worried about going to prison or will I get a break

Ecleynne Mercy
Ecleynne Mercy
answered on Apr 19, 2019

Be worried. These are actual violations of your probation. When dealing with drug probations and clients with drug problems the court understands that people with drug problems may relapse. However, prison may be an actual concern depending on many factors like what the sentence was, how many times... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Libel & Slander and Personal Injury for Georgia on
Q: falsification of a death certificate.

The doctor repeated told us there was nothing in my mother’s system and that to me disproves overdose. Well they put possible overdose on her death certificate. Took them 4 days of tests and trying to find what she overdosed on(nothing) before they moved on to other causes of her... View More

Ecleynne Mercy
Ecleynne Mercy
answered on Apr 19, 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 is a warrantless arrest affidavit in the state of Georgia?
Ecleynne Mercy
Ecleynne Mercy
answered on Apr 19, 2019

A person can be arrested without a warrant, however, that person has a constitutional right to have the probable cause for his or her continued detention reviewed by a neutral and detached magistrate as soon as reasonably feasible but, in any event, within 48 hours of the arrest.

Ga. Code...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Georgia on
Q: If during a traffic stop can a cop ask what your Dr name is? where are u goin to the doctor? Why are u goin to the dr?

Is that a violation of my Hippa rights??

Ecleynne Mercy
Ecleynne Mercy
answered on Apr 19, 2019

The cops can ask you anything. You have the right to remain silent. I strongly suggest you use it. You do not have to answer.

1 Answer | Asked in Criminal Law for Georgia on
Q: 6months sentence in a pdc. 2 months was in custody while awaiting a bed. How to get time served for those 2 months?

I have the affidavit of custodian for motion to receive time served form from her filled out notarized. What to do with the form now and how to get a ruling?

Ecleynne Mercy
Ecleynne Mercy
answered on Apr 19, 2019

You will always get credit for the time served in custody depending on what the sentence order actually says. No motion is necessary, however, if the sentence is that you complete a program it may not matter how long it took you for them to get you a bed. I hope this helps.

1 Answer | Asked in Criminal Law for Georgia on
Q: Was arrested for possession 11/2008 me nor my attorney were notified of a court date she even filed under an unaccused

Case #. 10/2019 I was arrested on a bench warrant. Now am appearing before the judge on these charges. Isn't there a statute of limitations? I have resided in the same state gotten my licensed renewed registered my address with USPS etc. Why are they pursuing this now and wasnt my attorney at... View More

Ecleynne Mercy
Ecleynne Mercy
answered on Apr 19, 2019

The court does not have access to the USPS address changes. You have the obligation to inform the court of any address changes.

1 Answer | Asked in Criminal Law for Georgia on
Q: can you be arrested 10 years later for failure to appear when you nor your attorney were never notified of a court date?

i was arrested over 10 years ago released on bond and never notified of a court date. over 10 yrs later was arrested for not going to court. My attorney had even filed under an unaccused case # and nothing! In addition, I spoke with her 4 years after and she had still never heard back from the... View More

Ecleynne Mercy
Ecleynne Mercy
answered on Apr 19, 2019

No, it is not right. However, if you have recently moved that may pose a problem. If the attorney was unable to file an entry because it wasn't indicted the notice would have been sent to you and not the attorney. You have a duty to inform the court of any changes to your address. I hope this... View More

1 Answer | Asked in Contracts, Criminal Law and Government Contracts for Georgia on
Q: I am currently in a pre-trial diversion program and Just got a summons for a trial court date. What can I expect?

I have completed all the requirements for the pre-trial contract, I just wasn't expecting to have to go back to court after signing the pre-trial agreement.

Ecleynne Mercy
Ecleynne Mercy
answered on Apr 14, 2019

Just call the court and ask. They will tell you. It could potentially just be a status hearing.

1 Answer | Asked in Criminal Law for Georgia on
Q: My vehicle was broken into on company property where I am employed. The camera caught the thief, Is the company liable

I had rent money ($1,000) , my cellphone my purse and my keys to both home and car. I had to call a locksmith, being that they had my house keys along with my purse, they had my address, I missed a day of work, not knowing if they would be bold enough to come to my home. They stole my keys from my... View More

Ecleynne Mercy
Ecleynne Mercy
answered on Apr 14, 2019

First, you would need to seek an attorney. Here are some steps they may take: They will look at your employment contract first to see if any remedies are outlined in your contract. Then they will research the parking lot and see if any remedies are available as a result of the incident. Then, the... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: How can a person be charged with multiple counts of armed robbery if the person only robbed 1 person

How can someone get charged with 2 counts of armed robbery 2 counts of aggravated assault if that person only robbed 1 person only point the fire armed at 1 person and only threatened 1 person and only took the possession from one person

Ecleynne Mercy
Ecleynne Mercy
answered on Apr 14, 2019

Look at your indictment and see exactly what are you accused with. You will see that the details of each charge will be different even slightly. An attorney can explain the differences and explain what is necessary to prove each charge as alleged.

1 Answer | Asked in Criminal Law for Georgia on
Q: If I am being blackmailed can I get in trouble or can I get the other person in trouble first.

The blackmail includes nudes and death threats.

Ecleynne Mercy
Ecleynne Mercy
answered on Apr 14, 2019

Go to a lawyer first to discuss your options. You want a plan in place so you are aware of what can happen as a result of what moves you decide to make. In addition having an attorney will help alleviate criminal implications.

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: Who will take on walmart? They assaulted me and falsely imprisoned and arrested me.

In 2015 I was asked to follow 2 young men to the back of the store. I complied but wasn't told why although I asked. They took me in a security room and locked the door behind me. Then a man around 30-40 yrs of age began to accuse me of steeling a pair of flip flops that cost a dollar and I... View More

Ecleynne Mercy
Ecleynne Mercy
answered on Apr 14, 2019

You should take care of the criminal matter first. Get a dismissal or acquittal and then you can effectively pursue a civil claim.

1 Answer | Asked in Criminal Law for Georgia on
Q: I was charged with under Georgia FVA with misdemeanor charges over 10 years ago. When can my record be restricted?

I recently applied for record restrictions so that I can get a decent job and live in a decent apartment, basically move on with my life. The solicitor denied my appeal, without explanation, nor terms of recourse. Can I do anything or am I out of luck on misdemeanor charges and no arrests since... View More

Ecleynne Mercy
Ecleynne Mercy
answered on Apr 10, 2019

I would suggest you hire an attorney to complete the process for you. For certain cases, there may be more required to show why you should have your record restricted. Merely filling out the application is not going to be enough in your case. I hope this helps.

1 Answer | Asked in Criminal Law for Georgia on
Q: I was charged 16-13-2(b) less than one ounce of marijuana they want to give 12months probation 500 fine plus class

How can I just paid a fine instead of probation

Ecleynne Mercy
Ecleynne Mercy
answered on Apr 10, 2019

In Georgia any person who is charged with possession of marijuana, which possession is of one ounce or less, shall be guilty of a misdemeanor and punished by imprisonment for a period not to exceed 12 months or a fine not to exceed $1,000.00, or both, or public works not to exceed 12 months. Ga.... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Georgia on
Q: Was pulled over for having sports team accessory that went around the tag. Is this a traffic violation

Then after telling me that was the reason for pulling me over, the officer asked to search my car i said no, he proceeded to call in canine unit. I asked why, he said "because i can." Then after that he brought in the canine unit and another officer with zero explanation and began saying... View More

Ecleynne Mercy
Ecleynne Mercy
answered on Apr 10, 2019

In Georgia any person who willfully covers any license plate with plastic, other material, or any part of his or her body in order to prevent or impede the ability of surveillance equipment to clearly photograph or otherwise obtain a clear image of the license plate is guilty of a misdemeanor and... View More

1 Answer | Asked in Constitutional Law and Criminal Law for Georgia on
Q: Hello. My girlfriend was pulled over one night after picking me up and the cops claimed we were both acting suspicious

And they wanted to search the vehicle. At first she wouldn't let them and they asked me if they could search me and I said yes because I didn't have nothing illegal on me at all so I wasnt worried about it but as they were searching me the cop reached down and picked up a small bag that... View More

Ecleynne Mercy
Ecleynne Mercy
answered on Apr 10, 2019

In order for an attorney to even begin to help you. We need to see the police report, get the dash cam, subpoena the officers' records, among the many other things necessary for case preparation. Just being innocent is never enough. You need an attorney to fight for your position. I hope this helps.

1 Answer | Asked in Criminal Law for Georgia on
Q: My 25 year old grandson was advised by his LA Atty to sign a guilty plea to several charges including racketeering.

He says he felt pressured by his Legal Aid attorney into signing the plea which included several marijuana charges, a charge of selling heroin and a charge of racketeering. He wants to appeal at least the racketeering charge. Can you tell me what I can do to help him achieve this? He is currently... View More

Ecleynne Mercy
Ecleynne Mercy
answered on Apr 10, 2019

Because he is an adult, the only person that is legally allowed to speak with him about his case is his attorney. You may have issues that can be raised in a habeas petition, however, these have considerable hurdles to surmount. However, if the facts are as alleged there may be some arguments that... View More

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