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Georgia Federal Crimes Questions & Answers
1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: What charges is my mom facing for stealing money from her employer?

My mom was arrested for stealing money from her job. It was in the thousands, not exact amount. She turned herself in and it's her first offense. Is she going to have to serve time?

Joshua Schiffer
Joshua Schiffer answered on Oct 5, 2019

All depends. White collar crimes are an odd duck. Some local jurisdictions go whole hog on them and go for broke, others are a guaranteed "probation and restitution." The facts surrounding the theft matter heavily. So does the method of theft.

Holler at me if we can be of assistance....
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1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Federal Crimes for Georgia on
Q: Would a dirty needle be considered Transportation of etiologic agent?
Joshua Schiffer
Joshua Schiffer answered on Oct 1, 2019

Novel question. Could be, with the right facts and evidence of intent. Would depend on the perspective of the Indicting DA.

1 Answer | Asked in Personal Injury, Civil Rights, Federal Crimes and Juvenile Law for Georgia on
Q: Can a highschool coach record a conversation of a 15 year old player w out their knowledge?

Exit interview for making the team or being cut, no parent was present, it was in a closed office in which he spoke harshly in an aggressive tone and made her cry. She wasn’t cut made the team but found out 4 months later he had recorded her... not sure if he recorded all players for their exit... Read more »

Ken Shigley
Ken Shigley answered on Sep 26, 2019

OCGA § 16-11-62 (https://law.justia.com/codes/georgia/2010/title-16/chapter-11/article-3/part-1/16-11-62) provides:

It shall be unlawful for:

(1) Any person in a clandestine manner intentionally to overhear, transmit, or record or attempt to overhear, transmit, or record the...
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1 Answer | Asked in Civil Rights, Federal Crimes and Wrongful Death for Georgia on
Q: My cousin was killed by a police officer in Ga 2012. His mother is dying of cancer but she never got true Justice

How could we appeal a decision in court. The police officer was never held responsible? There was no evidence provided, and there was no justice pertaining to his death. It was a WRONGFUL DEATH that basically got overlooked . When looking up even the case information on the incident only articles... Read more »

Gary Kollin
Gary Kollin answered on Sep 11, 2019

You cannot appeal the decision of the prosecutor

1 Answer | Asked in Federal Crimes, Personal Injury, Civil Litigation and Civil Rights for Georgia on
Q: If a child is drugged and raped by foster parent and neglected ignored and overlooked by child protection services and

My name is Daniel Huertas and I really need your help for the past 20 plus years the Cherokee county Georgia courts and CPS have violated neglected and ignored my rights Not only am I a sexual abuse surviver drugged and sexually abused by a Cherokee county Georgia foster parent Sherri Jo Wilkes in... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 24, 2019

You have a case but you also have a statute of limitations issue. Contact the Ga. Trial Lawyers Assn and ask for the names of attorneys who have or are handling priest abuse cases.

They know the exceptions to statute of limitations but suing the state is always an issue because of...
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1 Answer | Asked in Criminal Law, Family Law, Federal Crimes and Health Care Law for Georgia on
Q: Can cps keep my child away from me and in foster care for medical neglect

My daughter was taking into cps custody after the judge in my family court case claimed I medical neglected my daughter for changing her therapist so because of that he gave custody to dad and my daughter refused to go and the police had to come twice they spoke to my 11 year old alone and they... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Jul 31, 2019

We are not familiar with the facts of your case, but if CPS feels they have a justified reason to keep your child from you and in foster care they can do so. You may want to consult with an attorney who can review the facts of your case in detail and present you with your options. -Homer P. Jordan... Read more »

2 Answers | Asked in Criminal Law and Federal Crimes for Georgia on
Q: What is a federal status conference? Does that mean the feds done pick up my case from superior court?

Person was arrested for possession of firearm by convicted felon had a bond hearing was denied a couple months ago today was a status check hearing ,after Today finding out that it’s a federal status conference thats in 2 months and also a bond hearing in two weeks

Gary Kollin
Gary Kollin answered on Jul 16, 2019

"So let it be written, so let it be done." Pharoah Ramses in movie "The Ten Commandments."

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1 Answer | Asked in Child Custody, Criminal Law, Family Law and Federal Crimes for Georgia on
Q: can a legal custodian let the child live somewhere else without getting in legal trouble?

I know someone who’s living with her aunt which is her legal custodian and I think guardian and her aunt and her aunts husband treat her very badly. Her aunt and the husband have been on and off for a long time and recently got married for the second time and moved into a house that they bought... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Jul 15, 2019

No, it won't be legal without the consent of her legal custodian. You could consult with an attorney to see what options there are for her to legally be moved. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: How many years an i lookong at for a charge involving over $2100?

I have been waiting to go to court since Nov of 2016 and still haven't got an update on my case status

Brandon Alexander Thomas
Brandon Alexander Thomas answered on Jun 26, 2019

If it is a theft crime it is likely a 1-5, which means you can get between 1-5 years in prison. A plea for probation can often be worked out by your attorney in many cases, especially if you are willing to repay the money.

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: Trying to get off probation early.

I was charged with financial card fraud for buying a mtn dew for $1.79 on someone elses card. I got 2 years probation and so far have completed 11 months. I need to get off of this probation. I've been paying every month on time and haven't gotten not even 1 infraction. I also only saw my officer... Read more »

Brandon Alexander Thomas
Brandon Alexander Thomas answered on Jun 26, 2019

You need an attorney to file a Motion for Early Termination of Probation. Typically the court will only grant early termination if you have no probation violations.

1 Answer | Asked in Employment Law, Personal Injury, Civil Rights and Federal Crimes for Georgia on
Q: In Georgia , is it possible to use a recorded conversation with a crime victim suspect on a phone.

I have a witness who has been working with local police and the owner of a commerical business that failed to provide adequate security. IE for an assaulted employee.

Full confession of the intent to make the case become " IGNORED BY THE OWNER LAW ENFORCEMENT BRIBES."

I have been... Read more »

Ecleynne Mercy
Ecleynne Mercy answered on May 2, 2019

Although a statute prohibits the recording or taping of private telephone conversations, it does not prohibit a party to the conversation from recording it. O.C.G.A. §§ 16-11-62, 16-11-66(a).

Which means if you are a part of the conversation, you can record it. But if you just recording...
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1 Answer | Asked in Federal Crimes, Libel & Slander, Personal Injury and Wrongful Death for Georgia on
Q: What if the signing doctor put false cause of death on the certificate? Called it an overdose with tests disproving over

Called the persons death a possible overdose when every test came back clean.

Ecleynne Mercy
Ecleynne Mercy answered on May 2, 2019

A death certificate serves as evidence only of (1) the death itself and (2) the immediate agency (reason) of the death. Other conclusions, such as those regarding the events leading up to the death or whether the cause of death was intentional or accidental, are not admissible. Swanson v. State,... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes, Libel & Slander and Personal Injury for Georgia on
Q: falsification of a death certificate.

The doctor repeated told us there was nothing in my mother’s system and that to me disproves overdose. Well they put possible overdose on her death certificate. Took them 4 days of tests and trying to find what she overdosed on(nothing) before they moved on to other causes of her... Read more »

Ecleynne Mercy
Ecleynne Mercy answered on Apr 19, 2019

A death certificate serves as evidence only of (1) the death itself and (2) the immediate agency (reason) of the death. Other conclusions, such as those regarding the events leading up to the death or whether the cause of death was intentional or accidental, are not admissible. Swanson v. State,... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: Who will take on walmart? They assaulted me and falsely imprisoned and arrested me.

In 2015 I was asked to follow 2 young men to the back of the store. I complied but wasn't told why although I asked. They took me in a security room and locked the door behind me. Then a man around 30-40 yrs of age began to accuse me of steeling a pair of flip flops that cost a dollar and I had a... Read more »

Ecleynne Mercy
Ecleynne Mercy answered on Apr 14, 2019

You should take care of the criminal matter first. Get a dismissal or acquittal and then you can effectively pursue a civil claim.

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: I know ita a escape charge but do they do it as a 1st degree escape or 2nd and so on and can he get a bond with that cha
Ecleynne Mercy
Ecleynne Mercy answered on Apr 3, 2019

Hey, I know this case is probably pretty overwhelming, however, any attorney will need more information to answer your questions. There are so many factors that will be needed to be considered before any of us attempt to answer your question. I hope this helps.

1 Answer | Asked in Consumer Law, Criminal Law and Federal Crimes for Georgia on
Q: My mother was arrested for a small shoplifting crime and its her first offense. Will it stay forever and be jailed? GA

My mother was convicted of shoplifting of a SMALL item and was around $5 or $2. We paid bail yesterday and have court on May. Will she be jailed as this is her first offense? Or, can we keep her out as we already gave the jail money?

Ecleynne Mercy
Ecleynne Mercy answered on Mar 27, 2019

Make sure she goes to all her court dates. Her attorney will be able to take all the facts into consideration and get the best resolution. Make sure she goes to every single court date though.

3 Answers | Asked in Family Law, Federal Crimes and Insurance Bad Faith for Georgia on
Q: how do i file when the father is ordered to provide health insurance but refused?

my son is on medicaid right now but his father refuses to get him health insurance and makes more than enough to provide insurance?

Robbie Levin
Robbie Levin answered on Mar 27, 2019

If the Court Order requires him to provide insurance, then your remedy would be to file a Contempt action against him.

For more info visit my website at www.LevinLawyerGa.com

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1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: My husband is currently serving 15 years in prison for Armed Robbery, can the sentense be reduced to 7yrs or maybe 10?

He has currently served 4 years out of 15, how can we get him back to court to see if he can serve less time in prison. Being his first felony ever, he has no criminal record whatsoever. He had just turned 18 years of age when he got sentenced and was going to go to the marines before all this... Read more »

Ecleynne Mercy
Ecleynne Mercy answered on Mar 27, 2019

It seems here this was a Federal Crime, which means that there were mandatory minimums with the federal court

Pursuant to Rule 35. Correcting or Reducing a Sentence

(1) In General. Upon the government's motion made within one year of sentencing, the court may reduce a sentence if...
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1 Answer | Asked in Criminal Law, Car Accidents, Domestic Violence and Federal Crimes for Georgia on
Q: So if I accidentally hit and knocked down my exes mailbox. I knew I bumped something but at 1st thought it was the curb.
Ecleynne Mercy
Ecleynne Mercy answered on Mar 11, 2019

Accident is a defense to criminal charges but the attorney will need more information to see if that would be a viable defense in your particular case. Now the fact that it's your"exes" mailbox may pose a little bit of an issue (especilly if you don't live close by)

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: What would you be looking at for possession of illegal weapon?

Along with possession of marijuana and methamphetamine, intent to distribute, possession of illegal weapon in consession of a crime, distributing cocain within 1000 feet of a school

Ecleynne Mercy
Ecleynne Mercy answered on Mar 8, 2019

Possession of Illegal Weapon - TRANSLATION - 1st Time- 5 years in Prison

A person commits the offense of unlawful possession of firearms or weapons when he or she knowingly has in his or her possession any sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer, and,...
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