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Questions Answered by Sean McIlhinney
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
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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
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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
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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
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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
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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
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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
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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
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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
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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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2 Answers | Asked in Criminal Law, Sexual Harassment and Civil Litigation for Georgia on
Q: Sexual assault occurred a year ago; should I seek criminal or civil charges?

I was a victim of sexual assault about a year ago. I have struggled with this for a while, and now want to pursue legal action against the assailant. Should I pursue civil or criminal charges? And how involved would I personally have to be in either process (appearing in court, deposition,... View More

Sean McIlhinney
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Sean McIlhinney
answered on May 29, 2020

I am very sorry for your situation. This is an excellent question.

Many more details would need to be known in order to give you a complete evaluation and advise you in this situation.

I would advise that you contact an experienced attorney for a 1 hour consultation to address your...
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1 Answer | Asked in Traffic Tickets for Georgia on
Q: Under 21 with second speeding ticket at 85mph. Will my license be suspended? The ticket were less than two months apart
Sean McIlhinney
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Sean McIlhinney
answered on May 28, 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 whether your GA drivers license could be suspended.

The rule in GA is that if you are unable 18 years old, the GA Department of Driver Services will...
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2 Answers | Asked in Criminal Law for Georgia on
Q: What’s the least amount of time that you can get for felony theft By receiving
Sean McIlhinney
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Sean McIlhinney
answered on May 27, 2020

This is a good question.

If the value of the property in a theft by receiving crime exceeds $500, the crime is considered a felony. A theft by receiving felony conviction carries a minimum sentence of one-year with a maximum sentence of 10 years.

However, the Judge has the...
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1 Answer | Asked in Traffic Tickets for Georgia on
Q: I got a super speeder citation for 93 in a 70 I’m only 17 will I lose my license
Sean McIlhinney
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Sean McIlhinney
answered on May 27, 2020

This is an excellent question.

The rule in GA is that if you are unable 18 years old, the GA Department of Driver Services will suspend your driver's license for 6 months if you accrue 4 or more points on your driving record within a 12 month period.

23 mph over the posted...
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1 Answer | Asked in Traffic Tickets for Georgia on
Q: who should you contact regarding dismissing a ticket or reducing points in georgia
Sean McIlhinney
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Sean McIlhinney
answered on May 18, 2020

This is a good question.

It is best to contact an experienced Georgia traffic ticket attorney to see if it is possible to get your specific ticket case dismissed or reduced.

The attorney will need to know the specific details about your case including the specific court and...
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1 Answer | Asked in Criminal Law for Georgia on
Q: What will happen to me for an argument between another family member by just saying I'll kill you.But I had no intention

I had no intention on doing anything this person was telling me i wasn't taking my kids anywhere and i have or had full custody of until this craziness because this person had been trying to get me locked up and i was just trying to leave for two days but one of my kids also heard the argument... View More

Sean McIlhinney
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Sean McIlhinney
answered on May 17, 2020

I am sorry for the situation that you are in.

This is a good question.

The true answer depends on a very close examination of the facts and whether the court understands that you were not serious when you made the statement that you would kill the other person and the other person...
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1 Answer | Asked in Criminal Law for Georgia on
Q: Is there anyway to get out of an child enticement charge if u genuinely did not kno she was underage on a dating website

It was an adult dating website, and I sent one sexual picture but only when u randomly sent me one, and I met And only talked to her for about an hour before I blocked Her.

Sean McIlhinney
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Sean McIlhinney
answered on May 16, 2020

This is a good question.

The true answer depends on a very close examination of the facts.

For example, what information did the other person say to you about his or her age and what did you say in response? Please do not answer this question on this forum since it is public and...
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2 Answers | Asked in Criminal Law for Georgia on
Q: If Ive been out on parole for 3yrs how can I get the rest suspended or thrown away. Orig sent was 2.5 -10 served 2.5 NH

I have had no violations, I live in Georgia now and my PO thinks its crazy im on for 4 more years. Ive been employed up until covid 19 b

Sean McIlhinney
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Sean McIlhinney
answered on May 14, 2020

This is a good question. You can file a Motion with the Court asking to modify or terminate your probation.

I am a criminal defense attorney with 24 years experience. Please do not hesitate to call me if you would like to discuss my case evaluation and fee quote further.

Good...
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1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Georgia on
Q: How do i go about getting this DDS fraud case handled once and for all?

I have been under investigation for driver's license fraud for about 8 years. Knowing that the statute of limitations have been up, these investigators are putting me through the same things. They are not putting the case through the courts or giving me my license, they keep telling me i... View More

Sean McIlhinney
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Sean McIlhinney
answered on May 12, 2020

I regularly handle suspended license issues with the GA DDS.

Please feel free to call me on my cell phone at 404-932-3099 to discuss your situation.

Best regards,

Sean McIlhinney, Esq.

6625 The Corners Parkway, Suite 115

Norcross, GA 30092

Cell:...
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1 Answer | Asked in Traffic Tickets for Georgia on
Q: i just got a ticket going 92 in a 65 but the officer knocked it down to 78 in a 65

it is my first ticket and i am 19 years old and i have no idea what i can do especially since he gave me a break what should i do and how much should i expect to pay? it says there is a court notice but no court case number so am i able to just pay it online or do i still have to show up to court?... View More

Sean McIlhinney
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Sean McIlhinney
answered on May 4, 2020

It is great that the police officer reduced your ticket to 78 mph in a 65 mph zone because if you were convicted of speeding 92 mph in a 65 mph zone, pursuant to GA law, you would suffer a 6 month license suspension since you are under 21 years of age.

Assuming, (1) that the ticket is...
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2 Answers | Asked in Criminal Law for Georgia on
Q: My son was recovering a trash item in front of a residence.( set on the street). He was picked up for loitering. Why?
Sean McIlhinney
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Sean McIlhinney
answered on May 4, 2020

This is a very good question.

The Georgia code §16-11-36 states that a person commits the offense of loitering or prowling when he is in a place at a time or in a manner not usual for law-abiding individuals under circumstances that warrant a justifiable and reasonable alarm or immediate...
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