Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Candace Alynn Hill Duvernay
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
PREMIUM
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... Read 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
PREMIUM
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.... Read 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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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.

View More Answers

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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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
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.

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
PREMIUM
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
PREMIUM
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
PREMIUM
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.

View More Answers

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
PREMIUM
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
PREMIUM
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
PREMIUM
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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.