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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.... Read 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, Banking, Business Formation and Business 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... Read 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...
Read more »

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
PREMIUM
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... Read 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,... Read more »

Candace Alynn Hill Duvernay
PREMIUM
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... Read more »

2 Answers | Asked in Criminal Law for Michigan on
Q: Can you impeach a Detective that lied 4 times durning the grand jury . Actually have proof!
John Michael Frick
John Michael Frick
answered on Feb 8, 2023

There is no cross examination in grand jury proceedings.

But, if he testifies at trial, an experienced competent criminal defense attorney can impeach him if you have admissible proof that he lied

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1 Answer | Asked in Criminal Law and Probate for Virginia on
Q: If you went to your court date and was granted a motion of continuance but still went to jail what and why ?
Richard Sternberg
Richard Sternberg
answered on Feb 8, 2023

This is a question that should be directed to your lawyer. Nobody can give you a competent answer without knowing the facts and the procedural setting.

1 Answer | Asked in Criminal Law for North Carolina on
Q: Have a fta and no lawyer lost job couldn't hire got moved to suppior without court date checked online never showed up

My court date never got posted online don't know what to do have no lawyer now have fta and went to court end of November didn't get arrested for the fta from Oct 31 but bonds man called My dad the other day and told him I missed court but like i said I searched and searched never showed... Read more »

Nick Benjamin
Nick Benjamin
answered on Feb 8, 2023

Hire a lawyer, they can speak with a district attorney about getting your case reset and having the warrant withdrawn

1 Answer | Asked in Personal Injury and Criminal Law for Texas on
Q: gay hate crime

asaulted when leavingb hotel

John Michael Frick
John Michael Frick
answered on Feb 7, 2023

You need to report the assault to law enforcement where the hotel is located. How serious your bodily injuries are will determine the class or degree of the charge. It would be ideal if you can readily identify the perpetrator. If not, how serious your bodily injuries are will likely dictate how... Read more »

1 Answer | Asked in Criminal Law for California on
Q: If the backseat passenger is the only one in the car on probation can the cops search the whole car without permission?

And can they pull me over if I have my tags and they're all up to date but my insurance lapsed because of a credit card problem. Can they pull me over if it's only been a fee days since it lapsed?

Dale S. Gribow
Dale S. Gribow
answered on Feb 7, 2023

MORE INFO NEEDED.

HAVING A POLICE REPORT WOULD BE HELPFUL.

THERE IS NO WAY THEY COULD USE LAPSED INS AS PROBABLE CAUSE TO STOP.

SOMETHING ELSE HAD TO BE PROBABLE CAUSE...IE THE REASON FOR THE STOP.

WAS ANYONE ARRESTED? FOR WHAT?

HOW DID THEY LEARN THE...
Read more »

1 Answer | Asked in Criminal Law, Real Estate Law and Tax Law for Florida on
Q: if my Treaty guarantees me rights to hunt and fish can the state stop me?

The state wants to give me a ticket for hunting and fishing after the Treaty of Middle Plantation gave me rights. What should I do?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Feb 7, 2023

Yes, that treaty was signed with the British government and tribes in Virginia in 1677. It was with specific tribes located in Virginia. Florida was not a British colony during this time.

1 Answer | Asked in Domestic Violence and Criminal Law for Louisiana on
Q: My brother has a domestic abuse case she signed to affidavit of non prosecution what can be done to get this thrown out
Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 7, 2023

The prosecutor or District Attorney's office has the final say on all matters forwarded to it. The office will (should) take into considered that drop charge/affidavit of non-prosecution in deciding whether or not to formally file charges. If the accused has or can afford to hire an attorney,... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: My ex boyfriend was charged with aggravated assault and family battery. I’m the victim. We have a lease on a house

Together and of course live together, we were working on our problems together to make it work. Well last Sunday he decided to put his hands on me again and was arrested. The judge denied bond since he was already on a bond for the first case going to trial still. So he sits in Henry county jail... Read more »

Joshua Schiffer
Joshua Schiffer
answered on Feb 7, 2023

Lots to unpack there, and you have a lot of influence over the process as much as the State is going to use their independent tools to determine what happens.

The local prosecutors should have a victim witness team to support and guide you, although remember they work for the prosecution...
Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: His much time can my bf get for VOP out of county warrant that's 10 years old?

The warrant is from Duval co. They still haven't come for him in Columbia co jail. The charge was 2013 for aggravated battery. He did 20 days in jail and given 6 months probation.

Jonathan Blecher
Jonathan Blecher PRO label
answered on Feb 7, 2023

No one here can tell you what amount of time, if any. Technical violations (changing address, not paying monthly costs of supervision) are less severe than picking up a new charge or failing to report/absconding, He's facing a max of 15 years or so on a VOP. He needs a lawyer to arrange a... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Alabama on
Q: What is a certain issue

I was told my case needed investigation of certain issues

Travis T Juneau
Travis T Juneau
answered on Feb 7, 2023

A "certain issue" is another way of saying that there are red flags in your case that someone noticed that need to be explored further. It is the generic term for a discrepancy in the facts or a legal issue that needs to be answered before someone, likely your attorney, feels comfortable... Read more »

1 Answer | Asked in Domestic Violence and Criminal Law for Louisiana on
Q: My brother was charged with domestic abuse a affidavit of non prosecution was signed because she wants to drop the charg
Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 7, 2023

The prosecutor or District Attorney's office has the final say on all matters forwarded to it. The office will (should) take into considered that drop charge/affidavit of non-prosecution in deciding whether or not to formally file charges. If the accused has or can afford to hire an... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for California on
Q: is there a loophole to jury instructions one case two sentences. If the prosecution fails to sustain its burden of proof

the prior conviction, and any allegations & enhancements attached to the conviction shall be vacated and the petitioner shall be resentenced on the remaining counts in the same manner as if the petitioner had not been previously sentenced? is ther any loop hole?

Dale S. Gribow
Dale S. Gribow
answered on Feb 6, 2023

i am not trying to avoid the question, however, I would want more info.

your lawyer has that info and is the person that should be consulted.

2 Answers | Asked in Criminal Law for California on
Q: Can a judge pull charges a out of the air and charge you with them this past Monday I went to court for a misdemeanor

And out of blue the judge came at me with two charges that I know for sure I didn't commit which were misdemeanor identity theft and a felony which he didn't tell me what the felony was for

David Stephen Kestenbaum
David Stephen Kestenbaum
answered on Feb 6, 2023

Sorry to hear about your experience. First of all, Judges can’t “file charges” against anyone; that is done by the District Attorney.

When you are arrested, the police send their reports to the Prosecutor who can add additional charges other than the one you were arrested for based...
Read more »

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2 Answers | Asked in Criminal Law, Civil Rights, Juvenile Law and Family Law for California on
Q: I am 16 years old and I drugged up a 43 year old and raped him now I'm pregnant what do I do

I am 16 years old and I lied about my age to a 43 year old he picked me up one night and I drugged him and raped him now I'm pregnant and he doesn't know

William John Light
William John Light
answered on Feb 6, 2023

Sounds like homework.

If this is a real problem, you are facing criminal charges in the juvenile system. You are also facing CPS involvement once your child is born given your potential convictions for rape and distribution of narcotics. Sounds like you would also test positive, and your...
Read more »

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