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Questions Answered by Ecleynne Mercy
1 Answer | Asked in Criminal Law for Georgia on
Q: Do have to drug/alcohol test while on a suspended probation?
Ecleynne Mercy
Ecleynne Mercy
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.

1 Answer | Asked in Consumer Law, Criminal Law and Federal Crimes for Georgia on
Q: My mother was arrested for a small shoplifting crime and its her first offense. Will it stay forever and be jailed? GA

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?

Ecleynne Mercy
Ecleynne Mercy
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.

1 Answer | Asked in Consumer Law, Criminal Law and Small Claims for Georgia on
Q: A person bought me a vehicle for $2,500 by using a credit card the bill of sale and title are in my name they also paid

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

Ecleynne Mercy
Ecleynne Mercy
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

1 Answer | Asked in Criminal Law for Georgia on
Q: What is the ga statute for unlawful use of and emergency door
Ecleynne Mercy
Ecleynne Mercy
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

1 Answer | Asked in Criminal Law for Georgia on
Q: Serving life (felony murder) plus 85(agg. Assaultx4), is a 14 yr parole consideration effected by the 85 after parole?

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

Ecleynne Mercy
Ecleynne Mercy
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

1 Answer | Asked in Criminal Law for Georgia on
Q: My boyfriend is in jail because I wrote a false statement which is why he has some false charges what can I do

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

Ecleynne Mercy
Ecleynne Mercy
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

1 Answer | Asked in Criminal Law for Georgia on
Q: If you get busted for misdemeanor solicitation or prostitution charges in your home, can they seize your house?

Working as an independent sex worker from home, can they seize my house if caught?

Ecleynne Mercy
Ecleynne Mercy
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

1 Answer | Asked in Criminal Law for Georgia on
Q: In the state of Georgia If i was convicted of the misdemeanor family violence simple battery, can I own a fire arm?

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

Ecleynne Mercy
Ecleynne Mercy
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

1 Answer | Asked in Gov & Administrative Law, Criminal Law, Family Law and Child Custody for Georgia on
Q: Is it illegal for a man or woman to shower naked with an 8 year old girl they are not related to
Ecleynne Mercy
Ecleynne Mercy
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

1 Answer | Asked in Criminal Law for Georgia on
Q: A person comes on my property and assaults me . I defended my self but we are both charged with affray?
Ecleynne Mercy
Ecleynne Mercy
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

1 Answer | Asked in Criminal Law for Georgia on
Q: My mom is incarcerated and I just want a professional's opinion on the matter and what one would think would happen.

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.

Ecleynne Mercy
Ecleynne Mercy
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

1 Answer | Asked in Criminal Law for Georgia on
Q: can a shoplifting charge be dismissed, if you have no previous record , its a small amount from a missed u scan

Scanned everything except for this item, while talking on the phone

Ecleynne Mercy
Ecleynne Mercy
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

1 Answer | Asked in Criminal Law for Georgia on
Q: Is it possible for me to get my name removed from sex offender list I only plead out due to poor counsel from lawyer

I've did a year already I don't feel like my case deserves me to register

Ecleynne Mercy
Ecleynne Mercy
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

1 Answer | Asked in Criminal Law for Georgia on
Q: How long does a court have to handle a case

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

Ecleynne Mercy
Ecleynne Mercy
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

1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: If i have a georgia carry permit and the firearm is in a holster clipped onto my pants can my fiance be in the same car

My fiance is on felony probation. Can she be in the car with me or anywhere with me while im carrying a firearm.

Ecleynne Mercy
Ecleynne Mercy
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...
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1 Answer | Asked in Criminal Law for Georgia on
Q: I am charged with Identity fraud ,Obstruction,And driving on a suspended license.

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

Ecleynne Mercy
Ecleynne Mercy
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

1 Answer | Asked in Criminal Law for Georgia on
Q: What can I do if I haven't got a lawyer before my court date? I was going to use a public defender can't find him

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?

Ecleynne Mercy
Ecleynne Mercy
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

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: My husband is currently serving 15 years in prison for Armed Robbery, can the sentense be reduced to 7yrs or maybe 10?

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

Ecleynne Mercy
Ecleynne Mercy
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

1 Answer | Asked in DUI / DWI for Georgia on
Q: I got a dui in 2015 and i was put on probation for it and i havent reported or paid the fine yet what do i need to d
Ecleynne Mercy
Ecleynne Mercy
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

1 Answer | Asked in DUI / DWI for Georgia on
Q: I have a limited permit (2nd dui, interlock). I got a speeding ticket. If I plead guilty will my license be revoked?

Is there any way for that not to happen? I have to go to court in a weekand just found out the legal consequences

Ecleynne Mercy
Ecleynne Mercy
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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