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answered on Mar 28, 2019
You are more likely required to take a drug and alcohol test if your license is suspended for DUI conviction or if it was an added provision in your negotiated or non-negotiated plea.
My mother was convicted of shoplifting of a SMALL item and was around $5 or $2. We paid bail yesterday and have court on May. Will she be jailed as this is her first offense? Or, can we keep her out as we already gave the jail money?
answered on Mar 27, 2019
Make sure she goes to all her court dates. Her attorney will be able to take all the facts into consideration and get the best resolution. Make sure she goes to every single court date though.
They also paid $1,000 by credit card for my license to be reinstated we dont have a written agreement on when or how to pay the money back i dont have the money to pay and he is wanting to have me arrested can i get into trouble is this a criminal or civil matter
answered on Mar 27, 2019
You had an oral contract, he can file suit or petition the court for an arrest warrant. He will be able to provide the court with his evidence and you will have to defend your position. It may be best to see if he will take a payment plan before it gets really bad and you will have to pay the loan,... View More
answered on Mar 27, 2019
It shall be unlawful to use an emergency exit door after having violated Code Section 16-8-14. Any person convicted of violating this Code section shall be guilty of and punished as for a misdemeanor.
OCGA. § 16-11-40
My friend has felony murder life and agg assault x4. His parole attorney says he is considered for parole after the 14/yr mark but not being considered because the eggs being 85 yrs consecutive he has to serve 20 yrs after parole on life before being considered. Doesn't life control the... View More
answered on Mar 27, 2019
Im sorry friend. His sentence has 85 years consecutive which is Court speak for there may never be a possibility of parole. Unless there is something that happened during the trial or the sentence that was so unconstitutional that it warrants a reversal of some type. There essentially is no... View More
I was at my ex fiances house and my boyfriend came to talk to me when he knocked on door I opened and my ex went for him they got into a scuffle and my ex had a friend here who hit my boyfriend in back with a shovel, police were called by ex and I lied and said on statement he grabbed me and tried... View More
answered on Mar 27, 2019
Unfortunately, it already is so bad. You may need to get an attorney because you will be opening yourself to potential perjury charges. Thus, hiring an attorney and having them contact the ex's attorney, they can figure a way to protect you from perjury charges and may be able to facilitate... View More
Working as an independent sex worker from home, can they seize my house if caught?
answered on Mar 27, 2019
I need so much more information to even begin to formulate an answer. First prostitution is illegal in the state of Georgia. So the idea of an independent sex worker will not lie in a Georgia court. Based on your question you most certainly need an attorney as soon as possible. In addition, I would... View More
I was charged with family violence simple battery. I got into a fight with my dad, I explained to the officers that arrived on the scene that I had recently stopped taking my medication, and that my dad use to be abusive , and when he gets aggressive I have flashbacks, and that I had a flashback at... View More
answered on Mar 27, 2019
1st conviction of Battery Family violence is a misdemeanor so It actually depends on the sentence. I would need more information from the plea deal to be able to effectively answer the question. But you can as your probation officer and your attorney to see if there were any conditions preventing... View More
answered on Mar 27, 2019
Yes it is. Very illegal. The child molestation statute does not require proof of the defendant's actual arousal; instead, the law requires only that the defendant have acted with the intent to arouse his sexual desires. West's Ga.Code Ann. § 16–6–4(a).
In GA, there has been... View More
answered on Mar 27, 2019
First, because its affray, If both of yall decide not to testify against each other the case can potentially be dismissed. Second, hire an attorney they can argue that you are immune from prosecution because of self-defense or you may just have to have a trial. Hire an attorney and with the full... View More
She is incarcerated for theft by taking a motor vehicle, she was out on bond for the same offense but in a different county. Also she has a failure to appear. I just want to get an estimate of how much time she could be facing.
answered on Mar 27, 2019
Unfortunately, it may be a lengthy amount of time. I know folks hate when lawyers say it depends, but it depends. The FTA will take care of itself and she will just have to answer to the hold. The issue now is she will have to take care of this case that she is in jail now before she is... View More
Scanned everything except for this item, while talking on the phone
answered on Mar 27, 2019
It all depends. IT may not just be dismissed you may have to have a trial. Based on what is provided you have a good defense of accident which will be able to negate the intent necessary for the shoplifting charge. So you will need an attorney. They will subpoena video, your phone records and etc.... View More
I've did a year already I don't feel like my case deserves me to register
answered on Mar 27, 2019
You absolutely can petition the court to remove your name from the list. After an extensive review of your case, an attorney can review your case and see when and if it is suitable for a Petitioner for Removal to be filed. There are many things to consider, the facts of the case, the victims in... View More
My husband was charged with thift by taken in 2014. He didnt go to court because of transportation issues and being homeless. Warrant issued in 2017. He was set to be released this morning on a different case. Now he has a detainer for the prior case above
answered on Mar 27, 2019
Well its a FTA warrant (failure to appear) warrant. Depending on the judge it may take some time before they address the warrant. You can call the court that the case was in and see if and when he will be placed on a calendar. It could be days or weeks. Its easier if you have an attorney cause... View More
My fiance is on felony probation. Can she be in the car with me or anywhere with me while im carrying a firearm.
answered on Mar 27, 2019
Yes, she can be around you. However, understand that It is illegal for any person who has been convicted of a felony to possess a firearm, and possession of a firearm does not require ownership. Layne v. State, 2012, 313 Ga.App. 608,
So if the firearm is on your person and belongs to... View More
i used my cousin name in a Traffic stop and went to court and signed up for probation in his name. How should I defend myself on this case
answered on Mar 27, 2019
You need an attorney ASAP. Just based on what you told me which is ALOT... I don't even feel comfortable responding, this case is all bad. Your cousin and the whole state of GEORGIA can file or petition for felony charges against you and your cousin can sue you for potential damage to his... View More
My public defender will not contact me and has not tried to contact me at all. I really need a paid attorney but don't know if I have enough cash on hand can I continue the case or what?
answered on Mar 27, 2019
First of all try calling and then emailing your attorney. The PD's office can be pretty busy so call the supervising attorney and they will be able to get you some help. In addition, I would suggest you email the attorney so that there is a record that you tried to reach out just in case you... View More
He has currently served 4 years out of 15, how can we get him back to court to see if he can serve less time in prison. Being his first felony ever, he has no criminal record whatsoever. He had just turned 18 years of age when he got sentenced and was going to go to the marines before all this... View More
answered on Mar 27, 2019
It seems here this was a Federal Crime, which means that there were mandatory minimums with the federal court
Pursuant to Rule 35. Correcting or Reducing a Sentence
(1) In General. Upon the government's motion made within one year of sentencing, the court may reduce a sentence... View More
answered on Mar 11, 2019
Get an attorney. You will need to know if there is a probation warrant, then whether your probation tolled, and etc. An attorney will be able to review and tell you what is best for YOUR specific case, with YOUR specific set of facts, in the COUNTY, that it happened and YOUR actual probation... View More
Is there any way for that not to happen? I have to go to court in a weekand just found out the legal consequences
answered on Mar 11, 2019
I would need more information. I think your biggest issue may be if your probation would be affected. Make sure of that first. In addition, the amount of speeding will definitely be needed to answer whether or not your license will be revoked.
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