Go down to the police or sheriffs office and ask for a copy of your record. Minimal fee and that will show whats out there. Lots of ways to manage the results, one way or another.
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.
Sounds like a... Read more »
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?
Allows is the key word. You have to move/motion to seal after the case is concluded (unless the sealing was arranged during the plea) to seal the records.
Not guilty
Felony is 1-10, can be probated, commonly is on a first offense. You will be eligible for First Offender Treatment, which is a plus, and you may qualify for a diversion style program.
Get a good lawyer. You have NO RECORD and you should invest in keeping it that way.
Josh
ChancoSchiffer.com
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... Read more »
To file my expungement in cobb i’ve been told i need proof my background is causing me not to get a job. But i’ve only been told verbally on the phone so how can i provide this documentation?
If you are denied a job and they pulled your background as part of the process they should provide you with a disclosure letter. That should suffice. Good luck!
Josh
ChancoSchiffer.com
shoplifting charge in february 2013 and sentencing was may 2013
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 »
I can’t stop worrying myself to death
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.
Online lawyer claims under commerce law, the state owns it n d title only grants use
Thats what you get with an "online lawyer." Title is proof of ownership however the title is also something that can be encumbered by a financial instrument.
Google "2010 Georgia Code TITLE 40 - MOTOR VEHICLES AND TRAFFIC CHAPTER 3" and you will find all the law care... Read more »
does a legal guardian have to come and get them out or can anyone over the age of 18 legally get them out of custody?
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.
Since I had no intention of taking the $9 item, and never tried to leave the store with it, how could it be shoplifting?
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... 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... 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... Read more »
What are my options
Pretty easy issue. Get the license renewed and go talk with the prosecutor. These are commonly called "fit it" tickets as you can show that you "fixed" the issue the state often dismisses it.
Suspended license CAN be a big deal, so DO NOT PLEAD TO ANYTHING without you understanding.
Has my profile as a citizen appeared as damaged or untrustworthy due to a misdemeanor criminal tresspass charge?
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.... Read more »
This is my only offense; therefore, what will my limitations amount to after a background check?
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.
Cop lied to grand jury by stating that I ‘absconded’ But at the time I was not under arrest nor did I run, I turn myself in,I am not on probation or parole, so what was I absconding from?
Any statements to a Grand Jury are then re-litigate during the case. You will have your opportunity to impeach then.
Good luck and fight hard!
Josh
ChancoSchiffer.com
Said employee did not identify himself, Did not say why I had to move my vehicle and could not name the ordinance or statute or law I was violating.
All depends on their role at the time. Lot of agency employees have authority that does not come with a badge. Generally best practice is to inquire before disputing.
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.
Good Luck!
Josh
www.chancoschiffer.com
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