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Questions Answered by Ecleynne Mercy
1 Answer | Asked in Criminal Law for Georgia on
Q: 1st offense, charge with 2nd degree cruity to a child, do this person do any time

50 year's old, no prior record

Ecleynne Mercy
Ecleynne Mercy
answered on Apr 10, 2019

You need an attorney. Depending on the facts of the case, the county, the DA, and all these other factors. Cruelty to children can and have been dealt with differently. A person convicted of the offense of cruelty to children in the second degree shall be punished by imprisonment for not less than... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: Would it be necessary to hire an attorney for a theft by receiving case?

Also the warrant has the incorrect name of the person who's property was said to be taken from.

Ecleynne Mercy
Ecleynne Mercy
answered on Apr 10, 2019

Yes, a charge like theft can and will affect employment opportunities. This particular charge goes to your truth-telling and can have some damaging effects. An attorney can try to dispute the case if the facts are as you suggested but most importantly provide a plan so that it doesn't have... View More

1 Answer | Asked in Traffic Tickets for Georgia on
Q: There are three lanes can a truck with six wheels use the left lane as too pass Slow moving traffic.
Ecleynne Mercy
Ecleynne Mercy
answered on Apr 3, 2019

In Georgia, the term “truck” means any vehicle equipped with more than six wheels, except buses and motorcoaches.

(b) On roads, streets, or highways with three or more lanes allowing for movement in the same direction, it shall be unlawful for any truck to operate in any lanes other...
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1 Answer | Asked in Traffic Tickets for Georgia on
Q: What are the laws regarding eye wear/protection when riding a motorcycle in Georgia?

Provided a motorcycle does not have a windshield, are normal sunglasses acceptable eye wear or are riders required to wear glasses or other eye protection that is held to a specific standard? If riders are expected to wear at least a standardized level of eye protection, what is that standard?

Ecleynne Mercy
Ecleynne Mercy
answered on Apr 3, 2019

In Georgia

(a) No person shall operate or ride upon a motorcycle unless he or she is wearing protective headgear which complies with standards established by the commissioner of public safety.

(b) No person shall operate or ride upon a motorcycle if the motorcycle is not equipped...
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1 Answer | Asked in Traffic Tickets for Georgia on
Q: my car was in no parking spot for 5 minutes to grab mcdonalds, while car was on, received parking ticket of $250.

My car was on, I stopped to grab mcdonalds, my girlfriend was in the driving seat to move the car if needed, cop pulls behind my car and I saw it from mcdonalds and told him i am sorry, he said dont worry its just a parking ticket, and gave me a $250 ticket. Is there any way to reduce that payment?... View More

Ecleynne Mercy
Ecleynne Mercy
answered on Apr 3, 2019

You can ask the court for a reduction or even ask for community service in lieu of the fine. I hope this helps.

1 Answer | Asked in Traffic Tickets for Georgia on
Q: I’m on probation and got a citation for suspended license. Suspended for child support but had been taken care of.

What should I expect when I go to court in a couple of days for arraignment? By the way I was not arrested the night I received the citation

Ecleynne Mercy
Ecleynne Mercy
answered on Apr 3, 2019

You need to make sure that the suspended license was for child support and not a failure to appear. You will find that out during the arraignment.

When a person accused of committing a crime, the arraignment is when the accusation is read to the person and the person is required to answer...
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1 Answer | Asked in Traffic Tickets and Car Accidents for Georgia on
Q: What are the penalties for driving with no insurance?

I was involved in a wreck (car pileup) in a county 4 hours away from my home (both counties in GA). My insurance had expired a week or so prior. My car was totaled in the wreck. I was not placed at fault. I received a ticket for no insurance. I am required to appear in court next month. What should... View More

Ecleynne Mercy
Ecleynne Mercy
answered on Apr 3, 2019

An owner who knowingly operates a motor vehicle without effective insurance on such vehicle shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 12 months, or both.

Ga....
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1 Answer | Asked in Criminal Law for Georgia on
Q: Hi just wanted to know if my husband probation expires this month on the eleven can his judge revoke him for violating.

He’s probation officer filed warrant against him on feb 7 2019 his probation ends this month on the 11 the case is 10years old he paid most of his restitution but still have more to pay... how will this work? Yes this is a felony case...

Ecleynne Mercy
Ecleynne Mercy
answered on Apr 3, 2019

Yes, the judge can. So because the PO filed the warrant that probably tolled his probation. Toll means to stop. So as of the 2/7/2019 the PO issued a warrant which was probably in conjunction with a tolling order. Pursuant to O.C.G.A. § 42-8-36(a)(3), the effective date of the tolling of the... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: my boyfriend was caught with 2gms of marajauana charged with a fine of 1600 now can they charge him that much 16.13.2.b
Ecleynne Mercy
Ecleynne Mercy
answered on Apr 3, 2019

Possession of more than one ounce of marijuana is a lesser included offense of possession of more than one ounce of marijuana with intent to distribute, and, so, a defendant/ your boyfriend CANNOT be convicted and punished for possession, where he was convicted and punished for possession with... View More

1 Answer | Asked in Traffic Tickets for Georgia on
Q: If I got a ticket for 90 in a 70 and I’m a Florida resident , I was just passing through, do I have to appear in court?

Even after I pay my ticket

Ecleynne Mercy
Ecleynne Mercy
answered on Apr 3, 2019

If you paid the ticket, please call the court and see if you must still show up. There may be other issues that may need to be addressed ( e.g. Super speeder). However, I would call the court tell and them when and how much you paid and see whether you need to attend. In addition, if you hire a... View More

1 Answer | Asked in Traffic Tickets for Georgia on
Q: Traffic ticket

How long is a traffic warrant active after being paid

Ecleynne Mercy
Ecleynne Mercy
answered on Apr 3, 2019

You have to get the court to recall the warrant. Most of the time it is not automatic, you must show proof of payment and then address the issue of the warrant. If the warrant was issued because you missed court you have to go address it even if you paid the fine because that the court can still... View More

1 Answer | Asked in DUI / DWI for Georgia on
Q: What year did Ga law change ineligibility of dui to plead first offender? I understand that current law prohibits dui co

I plead nolo to dui received in 2010 and know the judge granted me a first offender and I completed my probation. Now, it's 2019 and I'm being told ga law prohibits that possibility. Has that changed just since 2010 in Georgia

Ecleynne Mercy
Ecleynne Mercy
answered on Apr 3, 2019

It is generally accepted under Georgia law that first offender treatment is unavailable to persons who are convicted of DUI (including those who plead nolo contendere). Sims v. State, 214 Ga. App. 443, 448 S.E.2d 77 (1994)

Moreover, Georgia law does not contain any “deferred...
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1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: I know ita a escape charge but do they do it as a 1st degree escape or 2nd and so on and can he get a bond with that cha
Ecleynne Mercy
Ecleynne Mercy
answered on Apr 3, 2019

Hey, I know this case is probably pretty overwhelming, however, any attorney will need more information to answer your questions. There are so many factors that will be needed to be considered before any of us attempt to answer your question. I hope this helps.

1 Answer | Asked in Criminal Law for Georgia on
Q: In Georgia, does Georgia state patrol dash cam automatically turn on when their emergency/blue lights are on?

My fiance is about to go to trial for some charges in Georgia but unfortunately has 2 fleeing and evading charges. One is for him speeding off after being pulled over and the second is for not pulling over when the blue lights were on. To my understanding Georgia law states that GSP officers dash... View More

Ecleynne Mercy
Ecleynne Mercy
answered on Apr 3, 2019

In theory there should be a video if the car is equipped. Not all cars are equipped though. Further, there are times the video may not be activated. A proper discovery request should yield the answers you seek. The attorney should have all the discovery and that should include the dash cam video. I... View More

1 Answer | Asked in Criminal Law and Immigration Law for Georgia on
Q: I moved to Ga in February with my girlfriend and my mom upon finding out my son mother who lives in Nj went and filled

Charges of threatened to kill her but I did not nor was I anywhere near her she is mad that I moved on. My former landlord said paperwork came to house. One of my friend called her she said she told them she didn’t want to Pursue any longer because she knows she lied however the state has tAken... View More

Ecleynne Mercy
Ecleynne Mercy
answered on Apr 2, 2019

ou need to hire someone to represent you. Cause these are serious charges. Just because the charges are false does not mean they just go away. We are all familiar with many people serving prison time for something they did not do. Protect yourself and hire an attorney. You do not want to wait on... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: My son co defendant and him was charged with armed robbery. my son was sentenced under the mandatory minimum of 10

Years and the co defendant got 5 years. It's it possible for my son to get the reduction of his time too give years ?

Ecleynne Mercy
Ecleynne Mercy
answered on Apr 2, 2019

He can request a motion to modify his sentence and if done in time, he can also request to withdraw his plea. However, keep in mind he may still not get the 5 years. I don't have the facts of your case and the co-defendant could have potentially presented the state with information, or he... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: I moved to GA2/8/19 my son mom went in March filed charges on threatened to kill but I wasn’t there and it’s false

My landlord called and told me of the letter coming to the house. I guess she got mad because I have moved on with life

Ecleynne Mercy
Ecleynne Mercy
answered on Apr 2, 2019

You need to hire someone to represent you. Cause these are serious charges. Just because the charges are false does not mean they just go away. We are all familiar with many people serving prison time for something they did not do. protect yourself friend and get an attorney.

1 Answer | Asked in Criminal Law and Military Law for Georgia on
Q: Is it possible for a felony I recieved in the military to be expunged?

The felony is premeditated attempted murder.

Ecleynne Mercy
Ecleynne Mercy
answered on Apr 2, 2019

There is NO expungement of military court-martial records, even if you are acquitted at trial. Here is a recent case of a person who sought to have his court-martial conviction expunged.

The United States Department of the Navy (Navy) dishonorably discharged Jerome Randolph, the pro se...
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2 Answers | Asked in Criminal Law for Georgia on
Q: My son was in custody inthe back seat of a cop car and his handcuffs fell off and he escaped out the window. What charge

What charge would he get he has never done this before

Ecleynne Mercy
Ecleynne Mercy
answered on Apr 10, 2019

In Georgia, a person commits the offense of escape when he or she: Being in lawful custody or lawful confinement prior to adjudication, intentionally escapes from such custody or confinement.

Ga. Code Ann. § 16-10-52 (West)

Depending on the crime he can be charged with an...
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1 Answer | Asked in Criminal Law for Georgia on
Q: My Question is what is the statue of limitation on a one count simple battery, family violence in Georgia?

It's been almost three years. I've been to court twice ( 3 times each time.. calendar call/plea, motions, jury trial) fixing to go to a third set. My plea has always been not guilty and I refuse to sign anything.. what can I do?

Ecleynne Mercy
Ecleynne Mercy
answered on Mar 28, 2019

File a motion for a Speedy Trial.

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