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Questions Answered by Sean McIlhinney
2 Answers | Asked in Criminal Law for Georgia on
Q: How can I get my fiance out of jail if he has a hold from Texas for violation Of probation but he lives in ga.

He got arrested 7/11/2020 no bond in ga but bond in tx.

Sean McIlhinney
Sean McIlhinney answered on Jul 15, 2020

This is a good question but much more information would be needed about both the Texas case and Georgia case before an attorney would be able to provide advice.

I would advise you to speak with an experienced GA criminal defense attorney to better your current situation and options....
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3 Answers | Asked in Criminal Law for Georgia on
Q: I have a felony probation warrant and wanting to do away with probation serving minimal time. Best way to handle this?

On probation for posession of alprazolam (xanax)

Sean McIlhinney
Sean McIlhinney answered on Jul 14, 2020

This is an excellent question.

There definitely are some actions that you can take proactively to help your situation. However, an attorney will need to know much more about your case before advising you as to the best course of action for you.

I would advise you to speak with and...
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2 Answers | Asked in Criminal Law for Georgia on
Q: What dollar amount constitutes a felony criminal damage to property charge
Sean McIlhinney
Sean McIlhinney answered on Jul 13, 2020

This is an excellent question.

In Georgia, it is a FELONY, under O.C.G.A. §16-7-23 if you:

Intentionally damage someone else’s property without their consent and the damage is valued at more than $500 and carries a possibly penalty of 1 to 5 years in prison.

I would...
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1 Answer | Asked in Traffic Tickets for Georgia on
Q: Under Georgia law is violation code 40-6-241B payable
Sean McIlhinney
Sean McIlhinney answered on Jul 12, 2020

This is an excellent question.

Generally speaking, it is up to each specific Court as to whether the Court allows a traffic ticket to be payable without a court appearance.

For your specific ticket, I am often able to secure a Dismissal of your charge without you having to appear at...
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2 Answers | Asked in DUI / DWI for Georgia on
Q: In a dui ...dring under the influence of drugs do they have to test you for the drug
Sean McIlhinney
Sean McIlhinney answered on Jul 11, 2020

This is an excellent question.

The simple answer to your question is No, the State is not required to test a Defendant for drugs in order to charge or prove a DUI Drugs case. Generally speaking, if the State does not have a positive drug test, the State will normally try to prove a DUI...
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1 Answer | Asked in Traffic Tickets for Georgia on
Q: 17yr old super speeder 96-70. App said his top speed was 89. What do i do

truck was passing my son at the same time the cop said he flagged him. Can I ask for dash cam footage of this. Can I use the app to prove he wasnt speeding

Sean McIlhinney
Sean McIlhinney answered on Jul 11, 2020

This is an excellent question.

Many more details would need to be known in order to give you a complete evaluation with respect to trying to get your App which provides speed into evidence at trial and if Dash Cam was available and would even help determine speed. The results from the App...
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1 Answer | Asked in Criminal Law for Georgia on
Q: Can Georgia serve a warrent for south carolina
Sean McIlhinney
Sean McIlhinney answered on Jul 1, 2020

I am unsure of your question.

If your question is can GA issue an arrest warrant for a person from South Carolina for missing a court date or allegedly committing an illegal crime in GA, the answer is yes.

I have been practicing criminal defense law in GA for over 20 years....
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2 Answers | Asked in Criminal Law for Georgia on
Q: Can I beat a obstruction of an officer if I did nothing wrong and was tripped to the ground?

I dont know if they tied my previous calling of the police to my home. But after I was omw to work and my fiancee was getting ready to go to Atlanta with her family to visit, she called me and told me she was injured so I picked her up and took her to the hospital in which from the moment we... Read more »

Sean McIlhinney
Sean McIlhinney answered on Jul 1, 2020

I am very sorry for what happened to you.

After speaking with you and learning all of the details about your case, an experienced Georgia criminal defense attorney will be able to evaluate your case and all of your potential defenses.

I have been practicing criminal defense law in...
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3 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Can my fiancee beat a simple battery family violence charge if it was my our first argument in 4 years?

I called the police but I dont want to press charges I just wanted them to de-escalate the situation.

Sean McIlhinney
Sean McIlhinney answered on Jul 1, 2020

I am very sorry for you and your fiancee's situation. This is a good question.

After speaking with your fiancee, an experienced Georgia criminal defense attorney will be able to evaluate his case and all of his potential defenses.

I have been practicing criminal defense law...
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1 Answer | Asked in Traffic Tickets for Georgia on
Q: Under GA Code 40-6-180, is an outside force required to be in violation of the code or is simply speeding a violation?

Outside forces would be referring to weather, road hazards, etc

Sean McIlhinney
Sean McIlhinney answered on Jul 1, 2020

This is a good question. Georgia 40-6-180 is the GA law that people often refer to as Too Fast For Conditions and/or Basic Rules.

For a non CDL GA license, a conviction under this statute (40-6-180) is not reported to the GA Department of Driver Services.

In my legal opinion, a...
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2 Answers | Asked in Criminal Law for Georgia on
Q: I have a pending felony charge of aggravated stalking. I can’t get a job! I need to know what to do

The charge is because of my then boyfriend who is now my husband he refuses to show up to court and he has asked for all charges to be dropped this pending charge is affecting my life tremendously

Sean McIlhinney
Sean McIlhinney answered on Jun 27, 2020

I am very sorry for your situation.

After speaking with you and learning all of the important details, an experienced Georgia criminal defense attorney will be able to evaluate your case and all of your potential defenses and help you!

I have been practicing criminal defense law in...
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2 Answers | Asked in Criminal Law for Georgia on
Q: Have been charged whith poss of meth whith the intent to distribute given folse name driving whith revoked licean

They did not read my meranda rights did not show me the drugs they font in car

Sean McIlhinney
Sean McIlhinney answered on Jun 20, 2020

I am very sorry for your situation. This is a good question.

The fact that the police officer failed to read you your Miranda rights after you were arrested or taken into custody may be able to help you exclude from evidence any inculportory statements that you may have made to the police...
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1 Answer | Asked in Traffic Tickets for Georgia on
Q: I got a speeding ticket in Georgia going 100 in a 70

I have the ticket from Georgia and on the citation where it says registration number and year. the cop inserted the date 1921 then state Illinois (my location). I’m wondering if this is a typo and can be used to throw out the case.

Sean McIlhinney
Sean McIlhinney answered on Jun 15, 2020

This is a good question. A typo on a traffic ticket is normally not enough, by itself, to secure an outright dismissal prior to trial.

Nevertheless, an experienced Georgia traffic ticket and/or criminal defense attorney may be able to use the typo or mistake in negotiatons to try to keep...
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2 Answers | Asked in Criminal Law for Georgia on
Q: Can you be charged with multiple counts of aggravated battery and assault for the same victim?

I was charged with aggravated battery for injury to the ear, charged with aggravated battery for the injury to the back of the head and charged with aggravated assault in general for the victim

Sean McIlhinney
Sean McIlhinney answered on Jun 15, 2020

This is a good question.

Unfortunately, the answer is yes. The State is permitted to charge a Defendant with multiple counts of aggravated battery.

However, the fact that the State is permitted to charge you does not mean that the State will positively be able to prove its case...
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1 Answer | Asked in Traffic Tickets for Georgia on
Q: How long can traffic violations moved to state court be pending?

I got 4 tickets when I went to court for them they switched them over to State court.

Sean McIlhinney
Sean McIlhinney answered on Jun 11, 2020

This is an excellent question.

Different State courts move at different speeds.

I would first advise you to contact the State Court Clerk for the County to make sure that you have not missed a court date and that the court has your correct mailing address.

The statute of...
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1 Answer | Asked in Traffic Tickets for Georgia on
Q: commission means fleeing. I was not fleeing from a felony crime so will I still be charged $1k 4 drivin w/ blue lights?

I just purchased a truck under glow and forgot to impress the blue color when I left to go home. I was pulled over and given a ticket. Will I have to pay $1,000 just for driving 1 time with blue lights?!

Sean McIlhinney
Sean McIlhinney answered on Jun 11, 2020

This is a good question. However, an attorney will need to know many more facts and details about the case before advising you.

I would advise you to also contact an experienced Georgia traffic ticket and/or criminal defense attorney who can provide a detailed case evaluation and fee...
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1 Answer | Asked in Criminal Law for Georgia on
Q: somebody wants you to take a pill and a gun charge for them and you’re a first offender what are the possible outCome
Sean McIlhinney
Sean McIlhinney answered on Jun 11, 2020

Many more facts would need to be known before an attorney would be able to advise you in this matter.

I would advise you to also contact an experienced Georgia criminal defense attorney who can provide a detailed case evaluation and fee quote after speaking with you about the case and your...
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2 Answers | Asked in Criminal Law for Georgia on
Q: If there are mistakes in the paperwork & in the discovery packet in my criminal case, could that be cause for dismissal?

There are multiple issues with my paperwork... Starting from the time I was arrested, warrant that was filed (while I was in custody), and officers' statement. Also, there is another defendant's evidence report in my discovery packet, even though I do not have any co-defendants.

Sean McIlhinney
Sean McIlhinney answered on Jun 11, 2020

This is an excellent question. Unfortunately, the Court is not likely going to Dismiss the case based on the errors that you have described.

I would advise you to also contact an experienced Georgia criminal defense attorney who can provide a detailed case evaluation and fee quote based on...
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2 Answers | Asked in Criminal Law for Georgia on
Q: I was arrested over a year ago. Why haven’t I seen a judge yet?

I bailed out on the charge before seeing a judge. The release paper work just had “to be determined” for the court date. The charge I was arrested on was phone harassment but was later changed to tampering with a witness. I was notified of that though a letter from the DA.

Sean McIlhinney
Sean McIlhinney answered on Jun 9, 2020

This is an excellent question.

Different courts move at different speeds. Cases in which the Defendant is not in custody or jail move slower than cases in which the Defendant is in jail. One year is longer than the norm to not have received an arraignment court date but not unheard of for...
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1 Answer | Asked in Traffic Tickets for Georgia on
Q: what happen to my commercial driver if I pay fine (plea guilty) for 40-6-248.1 Securing loads on vehicles - Georgia

I don't know if I should pay the fine or go to the court... and how long do I have to pay the fine?

Sean McIlhinney
Sean McIlhinney answered on May 31, 2020

This is an excellent question.

Many more details would need to be known in order to give you a complete evaluation with respect to what will happen to your commercial driver's license if you plead guilty to failing to secure a load.

It is always best to contact an experienced...
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