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Questions Answered by Sean McIlhinney
1 Answer | Asked in Traffic Tickets for Georgia on
Q: I pulled over to wait for my husband who was getting a speeding ticket & And was also given a speeding ticket

I pulled over a few car links in front of him to wait on the side of the highway the cop walked up to my car and proceeded to give me a speeding ticket as well

Sean McIlhinney
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Sean McIlhinney
answered on May 1, 2020

I am very sorry that both you and your husband received a speeding ticket.

I am normally able to resolve most speeding tickets in GA so that the ticket does NOT go on my client's driving record without my client having to appear at court!

I am able to give both you and your...
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1 Answer | Asked in Traffic Tickets for Georgia on
Q: I received a ticket for code 40-8-20 for no headlights in the rain at approx 9:00 am on college campus, not highway?

The code mention the light requirement for highways. Is it also valid for streets in the rain.

Sean McIlhinney
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Sean McIlhinney
answered on Apr 26, 2020

This is a very good question.

The Georgia code 40-1-1 states "Highway" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

Courts have interpreted the...
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2 Answers | Asked in Criminal Law for Georgia on
Q: what evidence do they need to arrest for entering a vehicle?

my daughter was arrested for this, the victim had gave her some things weeks prior, they got into argument, she called and said my daughter took it out of her car, my daughter was arrested for entering a vehicle with intent

Sean McIlhinney
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Sean McIlhinney
answered on Apr 24, 2020

This is an excellent question.

GA code 16-8-18 provides that if any person shall enter any automobile or other motor vehicle with the intent to commit a theft or a felony, she shall be guilty of a felony.

There is no law that a police officer has to have a specific type of...
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2 Answers | Asked in Criminal Law for Georgia on
Q: Charged with possession of firearm.

I wasn't in possession of gun when probation did a search. Was staying at my parents and probation conducted a search. The only thing they searched was truck sitting on property. The truck is in parents name and on their property. Gun was in toolbox on back of truck. Nothing was locked on... View More

Sean McIlhinney
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Sean McIlhinney
answered on Apr 20, 2020

If you were charged with being a felon having possession of a firearm, I am guessing that you were unfortunately also charged with a probation revocation violation.

Based on the facts as you have presented them, I think the case is defensible.

However, the fact that a case is...
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2 Answers | Asked in Criminal Law for Georgia on
Q: Are police dash cams admissible in court
Sean McIlhinney
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Sean McIlhinney
answered on Apr 18, 2020

This is an excellent question.

The simple answer is yes so long as an eveidetary foundation can be laid which should not be difficult for a dash cam video of the incident at issue in a criminal case.

I have been practicing criminal defense law for over 24 years.

Please do...
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3 Answers | Asked in Criminal Law for Georgia on
Q: can i be charged with destruction of government property for setting off fire sprinklers in jail bc no one will own up

to it they are trying to charge four diffrent people with the same crime

Sean McIlhinney
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Sean McIlhinney
answered on Apr 13, 2020

Good question.

The answer is yes, it is possible to charge you in this instance. However, the real issue becomes what evidence does the State have or not have to prove the case against you.

Your defense is very strong if the State has no evidence that is specific to you....
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2 Answers | Asked in Criminal Law for Georgia on
Q: How will I know if it has been turned into a felony
Sean McIlhinney
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Sean McIlhinney
answered on Apr 13, 2020

Felony cases are placed in Superior Court so if the case is being placed in Superior Court you are likely being charged with a felony.

I would strongly advise you to consult with an experienced criminal defense attorney before taking any actions in your case if this is your fourth lifetime...
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1 Answer | Asked in Criminal Law and Traffic Tickets for Georgia on
Q: Police slammed my man on the ground bc he asked them to leave and he didn't want to speak with them.

They charging him with obstruction (resisting arrest) and He done absolutely nothing wrong . I need legal advice

Sean McIlhinney
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Sean McIlhinney
answered on Apr 10, 2020

It appears that your friend may have been charged with obstruction of justice in Braselton, GA (Jackson County).

I have been practicing law 24 years and know this jurisdiction very well.

Your friend may have some excellent defenses to beat the case but I will need to know more facts...
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1 Answer | Asked in Traffic Tickets for Georgia on
Q: Why did officer give me driving while less safe ticket No drug or alcohol test done

There are two more tickets given that night

Sean McIlhinney
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Sean McIlhinney
answered on Apr 8, 2020

Generally speaking, in GA there are two types of DUI charges. A per se DUI is a a DUI charge in which a blood, breath or urine test is given and the test result is greater than the legal limit which is. 08.

A DUI less safe is a DUI charge in which the police officer is essentially alleging...
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1 Answer | Asked in Criminal Law for Georgia on
Q: How long can you be held on a bench warrant before seeing a judge?

My sister was arrested on a bench warrant on Feb. 3rd of this year. Her first court date is set for April 16th. These charges brought against her are the same charges that were dropped by the police department last year due to lack of evidence. So I'm trying to find a lawyer to help my sister.... View More

Sean McIlhinney
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Sean McIlhinney
answered on Apr 7, 2020

I am an experienced criminal defense attorney who has been practicing law for 24 years in GA.

Please feel free to call me on my cell phone at 404-932-3099 to discuss my case evaluation and fee quote.

Once I know more details, I will be able to give you a complete case evaluation...
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3 Answers | Asked in Criminal Law for Georgia on
Q: Can a victim of an aggravated assault be arrested for further defending herself against her attacker

Wouldn't it be considered self defense if my attacker had been charged with aggravated assault against me with a special condition of no contact to being released on a 10 yr probation plea.

Sean McIlhinney
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Sean McIlhinney
answered on Apr 6, 2020

The answer is that it depends on the actual facts of the case.

That being said, the fact that you were a prior victim to the aggressor who was prohibited from having contact with you may strengthen your self defense argument if you are actually criminally charged in the case....
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1 Answer | Asked in Criminal Law and Probate for Georgia on
Q: I know in jails you get 2 for 1. But what about detention centers. He got 180 days. Can he get out early. Like is there

Any good credits ? Or will he serve the whole 180 days. He almost served half of his sentence already. I know GDOC is releasing early due to cornovirus. But nothing has been said about detention centers yet.

Sean McIlhinney
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Sean McIlhinney
answered on Apr 6, 2020

I do not know if the Detention Center is or is not going to release your loved one early whether it be for good behavior, 2 for 1, overcrowdedness, or the Coronavirus.

I would suggest calling the Detention Center and asking what their release policy is and if they are going to release...
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1 Answer | Asked in Criminal Law, Nursing Home Abuse, Probate and Public Benefits for Georgia on
Q: When someone is sentenced by a judge to 180 days in probation detention center. Will that person serve the whole 180?
Sean McIlhinney
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Sean McIlhinney
answered on Apr 5, 2020

Good question.

The answer it really depends on which jurisdiction the case is in. Some jails do 2 for 1 credit and some calculate jail time day for day. Also, because of the Coronavirus some jails are releasing persons jailed for less serious non violent crimes early.

Please...
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1 Answer | Asked in Traffic Tickets for Georgia on
Q: I got a speeding ticket. My court date have been charged. Does the time I have to pay the ticket change to that date to
Sean McIlhinney
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Sean McIlhinney
answered on Apr 5, 2020

Good question.

If the Court changed the court date because of the Coronavirus then it would generally follow that your prior court date no longer controls. I am often able to resolve many traffic ticket cases by keeping the ticket off of my client's driving record without my client...
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