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Questions Answered by Candace Alynn Hill Duvernay
1 Answer | Asked in Criminal Law for Georgia on
Q: Can criminal cases be dismissed?

It's a simple battery case. They are accused of family violence and misdemeanor, but they are not a couple and they are not a family. Can it be dismissed in this case?

Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Feb 8, 2023

Family violence does not always mean parties who are a couple or considered family by blood or marriage, although that can be the case. If the person lives with or has lived with the other person, or if the person shares children with the person, this is considered family per the laws of Georgia.... View More

1 Answer | Asked in Criminal Law and Municipal Law for Georgia on
Q: never left the store or came back when I realized the item didn’t go through on the Apple Pay is that still shoplifting
Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Feb 8, 2023

In determining whether a person had the intent to shoplift, the courts will usually look at whether you or the accused passed all points of sale (all registers, cashiers, self-check out, etc.). It depends on where you were in the store when they stopped you.

1 Answer | Asked in Criminal Law for Georgia on
Q: I have a 3rd degree forgery charge in Henry county. How much do you think bond will be ?
Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Feb 8, 2023

Bonds in Henry County are generally pretty fair and are similar bonds found in other Metro Atlanta counties. The main issues the judge will look at in determining the amount of bond (if a bond is indeed granted) is whether the individual has a likelihood of violating the law while out on bond and... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Georgia on
Q: I got pulled over for failure to maintain lane which resulted in me getting a possession of meth charge...

Cop said he heard me fail to maintain lane

Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Feb 8, 2023

Failure to maintain lane is a relatively low bar in Georgia. If you crossed either the solid white line on the outside of your lane or the lines between lanes, this could result in a failure to maintain lane citation. This is true whether or not there is an accident.

Discovery (dash cam...
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1 Answer | Asked in Domestic Violence and Criminal Law for Georgia on
Q: My friend is not a family member, but was reported for family violence. How many years is the statute of limitations?

The friend was not even her husband, but she was reported for family violence, and she had never lived in the same house with her. Will I still be prosecuted? How many years is the statute of limitations?

Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Feb 8, 2023

The statute of limitations depends on which type of family violence charge you are facing. There are several criminal offenses that qualify as family violence cases. Some charges like simple battery and criminal trespass are misdemeanors while others, such as aggravated assault or criminal damage... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: The Superior Court in Harris County Georgia has adjourned my daughter's court case 6 times. What's the limit?

They just keep telling her to come back and giving new court dates but when we show up they don't do anything. This has happened 6 times. This indictment was over a year ago and we've been in court 6 times. During these times , the judge called in sick, the lawyer was on vacation,... View More

Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Feb 8, 2023

The only way to get around this is for your daughter to file a speedy trial demand. If she wants to move the case through the system quicker this is the way to go. She should be mindful, though, that once this demand is filed the case will likely move very quickly. If you do not already have an... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: Can you get a bond when you have a in state fugitive warrant Misdemeanor

My husband was arrest in Henry county and the in state fugitive warrant was out of Atlanta what going to happen next would he able to get a bond or do you have a ball park Figure about the Costc

Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Sep 12, 2022

Judges have discretion as to whether to give a bond on fugitive warrants, but most judges deny bond in these cases for fear that the defendant is a flight risk. We regularly handle matters in Henry County and Atlanta, however, cannot give a ballpark figure as to cost of representation because that... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: If I am no longer on probation can I try to communicate with my daughter

I was on probation for 10 years and not allowed to contact my daughter. The court never specified when I could contact her again. She is now 16.

Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Sep 12, 2022

If the probation order stated no contact and the order is still in place, you must abide by all conditions. However, if the Order is no longer in place, the conditions of the order are also no longer in place. Now, this does not mean that you will automatically be able to contact your daughter.... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: I signed a waiver to do away with probation from another state but was picked back up on it
Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Sep 12, 2022

Are you sure this it what the waiver covered? There are a number of different waivers in criminal law, so without having more information and without seeing the waiver, I cannot provide much more information.

1 Answer | Asked in Criminal Law for Georgia on
Q: Can I get my boyfriend out of RSap if I feel like he has a mental health issue

He is on state probation and only has failure to report

Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Sep 12, 2022

If he only has technical violations (failure to report), depending on the length of time that he has failed to report, the reasons he failed to report, and the amount of time he has left, this may be an option for him. There are a number of different factors that go into this equation.

1 Answer | Asked in Criminal Law for Georgia on
Q: What determines how much time you serve if the sentence is ran concurrent
Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Apr 26, 2022

If you have two sentences running concurrently and one is for a longer period than the other, the longer period is what guides the sentencing . For example, if one charge carries a sentence for 6 months and the other charge carries a sentence for 9 months and the Judge orders them to run... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: Hi I wanted to know how can I get into another program for mental health on felony probation without going to jail
Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Apr 26, 2022

This answer depends on how long you have been on probation, what types of violation(s) you received, as well as the recommendation of the State/Probation Officer. Often, before a Court determines whether a program is a more appropriate placement than jail/prison, they will consider any number of... View More

1 Answer | Asked in Traffic Tickets for Georgia on
Q: What is the price for a 40-6-241 in Taylor County, GA
Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Apr 26, 2022

If you are asking what is the fine associated with this charge, you will need to call the clerk to see what the posted charge is. If, however, you are asking what an attorney would charge, you should contact the Firm directly. Some firms, like mine, give free quotes for traffic representation.

1 Answer | Asked in Estate Planning, Family Law, Personal Injury and Civil Rights for Georgia on
Q: Can I file a protective order against my brother who tried to assault me and had me evicted from my parent's residence?
Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Apr 26, 2022

If you currently live with your brother and can show the court that he was violent and will likely be violent in the future, you may have a valid claim for a Temporary Protective Order.

2 Answers | Asked in Criminal Law for Georgia on
Q: Is there a statchue of limitations in GA for crossing guard lines
Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Apr 12, 2022

There is a statute of limitations on most crimes in Georgia. However, in order to determine the exact date, the statute runs, a person would need more information to fully answer this question.

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1 Answer | Asked in Estate Planning, Real Estate Law and Adoption for Georgia on
Q: What's rights do an adopted child have when inheriting property after the adopting parent passes away?
Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Apr 12, 2022

If a child is legally adopted in Georgia, he or she will have rights to inherit from their parents the same as any child who is the biological child.

1 Answer | Asked in Child Support for Georgia on
Q: At 16 can a child live on their own with parental approval and income from the parent. (whether emancipated or not)

The parent would be willing to allow the child to live on their own, so the parent would be willing to pay for the child’s needs such as food and housing

Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Apr 12, 2022

Once a child is legally emancipated, he or she will be expected to provide for themselves. In fact, before approving emancipation, a court will determine whether the minor has the ability to take care for themselves. This is just one of many factors the Court will take into consideration.

1 Answer | Asked in Criminal Law and DUI / DWI for Georgia on
Q: Can an ROR bond that is correctly followed keep me from going to jail after my court date?
Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Apr 12, 2022

It is always helpful to show the Court that you have been compliant with previous bond conditions, however, jail time is usually related to a person's criminal history, the severity of the charges, and whether a victim is involved.

1 Answer | Asked in Traffic Tickets for Georgia on
Q: Courts never put citation in system what do I do?
Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Apr 12, 2022

Depending on where you received the citation, the court may be backed up and in the process of placing the ticket in the system. In most cases, you were given a court date at the time of the citation. In that instance, make sure you show up to court whether or not the court shows your citation in... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: Can the responding officer file a criminal trespass charge for the victims after they have written their statements

The victims were under the influence that they had filed the charges with the officers

Candace Alynn Hill Duvernay
PREMIUM
Candace Alynn Hill Duvernay
answered on Apr 12, 2022

Yes, an officer can always seek out warrants or arrest someone for any charge he/she believes there is a probable cause.

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