Can they, yes. Is it defensible, yes. There is always the possibility of being changed as charging someone is a unilateral decision of a state actor. How you respond is everything, as the State has the Burden of Proof to show you are guilty beyond a reasonable doubt.
The motion was filed and the records were sealed immediately. No records appear on any Georgia Department of Correction sites, etc. Is VineLink's (owned by Appriss) site violating the First Offender Act?
If I advised a criminal defense attorney (not my attorney) that, it appears his client suborned perjury and I provide him proof of the questionable communication, are those communications* protected by attorney client privilege?
.I realize my confidentiality would not be protected. I am... Read more »
Lawyers are allowed to use non-privileged communications as they see fit in their advocacy for their client. You reporting a "crime" their client may have previously committed would not necessarily force them to do anything, and how they use that information is up to their own ethical analysis....Read more »
You can, and if you are good at following directions and writing it is not too hard. The issue is getting the State on board. A lawyer really helps with that, as most lawyers have spent years building relationships with prosecutor's offices specifically to make things like this easier....Read more »
Don't worry about this too much. It is likely very minor and you should ask the prosecutor if there is a Diversion program that will keep any bad marks off your record. They are really nice in Stone Mtn. Bad parking, good court.
A little bit more info is needed, as it all depends on how and for what the minor was detained. The courts are also VERY wary of sharing any information about juvenile proceedings with the public (even relatives) so a lawyer is very useful in fast-tracking any potential release.
You need to go to court and fight. There is an "intent" or "Mens Rea" isue that defends you and the State will likely not want to waste resources fighting if you push back. A LOCAL lawyer will certainly assist you in getting this disposed of.
DO NOT JUST TAKE A PLEA BECAUSE IT IS EASY!!...Read more »
I have been indicted by the state of GA on charges from 3 years ago. I have had 1 court date which I didn't have to attend, and I now have another one scheduled for the 12th of November, my plea hearing. My public defender has not discussed any type of plea with me, has not told me what is being... Read more »
All depends on the Public Defender and that Court, unfortunately. PD's are so overworked and carry ridiculous caseloads, so there is only so much they can do. Some DA's offices are terrible with issues such as advanced communications, and rely on the extreme pressure folks are under to encourage...Read more »
It depends. Was it a municipal ordinance or a state charge? What is your status currently? How was the case disposed of? There are 5 ways to commit criminal trespass and the Federal Law does not match up with the State's terminology. Then there is what the policy of the organization is. Lots...Read more »
Could you be a bit more clear with your question? There are multiple kinds fo background checks, private as well as public, and they can have a wide variety of scopes. Some dive really deep using a lot of power, some are very cursory.
It was my moms car and I know there has never been any marijuana in the vehicle. Along with that they made me and my girlfriend sit in their car after I said I do not want . They also never asked me if they could search the vehicle and they also open the trunk without permission. They also never... Read more »
Violations of your 4th amendment protections against search and seizure are what you are referring too, and you need to fight that in court when you reach the motions stage. A lawyer will be invaluable as motions practice gets complex quickly and a good local criminal defense lawyer will assist...Read more »
That can be an oddly serious charge, and you will benefit from having local counsel navigate this for you. I can see a judge or prosecutor taking a very hard look at this, since it is a rare issue and it involves kids. You want a LOCAL lawyer, not someone from out of town.
Both. He may have a defense to the theft, but I imagine the police are going to want to hear all about that from him. A part of TPO's is not doing anything to prevent the petitioner from leaving/traveling/etc. Appears to be a valid path to me.
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