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Questions Answered by Candace Alynn Hill Duvernay
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... Read 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... Read 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... Read 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
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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.

1 Answer | Asked in Criminal Law for Georgia on
Q: Can you go to jail in Gainesville GA for pan handling
Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Apr 12, 2022

Panhandling is considered a misdemeanor and can be charged as a state offense, county ordinance, or city ordinance, depending on where a person receives the citation. Yes, a person can be incarcerated for panhandling, however, the maximum sentence is twelve months in jail.

1 Answer | Asked in White Collar Crime for Georgia on
Q: If I report my employer for white collar crime, can I be granted immunity?
Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Apr 12, 2022

Immunity is up to the prosecuting agency. Depending on your level of involvement, immunity may be offered to you, but be careful of the terms.

2 Answers | Asked in Health Care Law and Personal Injury for Georgia on
Q: My son was choked in the hospital by staff, what can I do?

I had to scream for the guy to stop choking my child, the hospital tried to keep me from reporting the incident

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

If you believe your son was the victim of a crime, you have every right to not only report the incident, but to also seek Criminal Warrants from law enforcement in the County where the alleged crime occurred.

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1 Answer | Asked in Criminal Law for Georgia on
Q: If my case shows closed and inactive why am I on probation still In Georgia

Also after going thru my files it said I did a 310B guilty plea what is that and also my last revocation wasn’t scanned like previous sentences

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

You need to contact your probation officer. Often, clients think their case is closed because "time ran out", however, if you did not pay all fines/fees, complete special conditions, or got new charges, your probation officer could have asked the court to pause the time on your case. That... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: What’s happens at an arraignment for probation revocation hearing?

My boyfriend has to go to court for arraignment next Monday for probation revocation, what will be the outcome of that situation? Will he be granted bail?

Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Feb 17, 2022

Whether or not your boyfriend gets a bail is going to be based on a number of factors including the issues surrounding the probation revocation. If he got a new charge and that caused the revocation, it is less likely that he will receive bail. However, if it was a technical violation (like he... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Construction Law for Georgia on
Q: I was arrested, the charges were reduced then dismissed. How do I get the arrest off of my record?

I travel for work very often and need to renew my TSA PreCheck - this arrest on my record is preventing me from being able to do that. I live in Dawsonville (Forsyth County), work in Kennesaw (Acworth), and the charges were in Calhoun (Gordon County)

Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Feb 17, 2022

You may qualify for a Record Restriction in Georgia. Georgia does not "expunge" records, but in many circumstances (like your dismissal), record restriction is possible.

1 Answer | Asked in Traffic Tickets for Georgia on
Q: my ticket is 10 over in a school zone, not required to appear in court, will i still get points on my license

based from what i got from the code I'm assuming its a monetary penalty or whatever that was but I'm not sure.

Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Feb 17, 2022

Yes, moving citations carry points on the license.

1 Answer | Asked in Traffic Tickets for Georgia on
Q: Should I get a lawyer? 20 years old caught going 99 on a 70-speed limit highway to a place of worship Sunday morning.

Hi. Would you advise me to get a lawyer? The officer told me that I will most likely have my license immediately suspended (because I am under 21) for a minimum of a year, but that is not favorable to me because I am a college student that commutes to campus. Will getting a lawyer lessen the chance... Read more »

Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Feb 17, 2022

99 in a 70 is considered a super speeder citation in Georgia. It may be wise to get an attorney to help increase the chance that you can save your license.

1 Answer | Asked in Domestic Violence for Georgia on
Q: Can domestic violence warrants be rescinded if the victim admits to a false report?

This case takes place in Georgia

Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Feb 17, 2022

While the officer requesting a warrant, can always withdraw a warrant application, if a warrant has already issued, there may be additional steps taken to get the warrant withdrawn. If the alleged victim does not want to prosecute, the DA/Solicitor can take that into consideration, but they have... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: If a person is serving time for involuntary manslaughter can they be released earlier than their earliest release date
Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Feb 17, 2022

This depends on a number of different things. In general, those who are convicted of felony violent crimes (like involuntary manslaughter) will serve at least some time in confinement. However, the length of time can be reduced based on the person's behavior while in confinement, the severity... Read more »

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