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Stephen Lee Coxen

Stephen Coxen’s Answers

8 total

  • I was caught shoplifting for the third time in georgia and want to know if im going to get any jail time or can i avoid it.

    I was caught when I was 17-18 the first time and it was a misdemeanor. The second time I was 20 and it was the same store (wal-mart) and was a misdemeanor as well. This is the third time I got caught and banned from the wal-mart but it wasnt the ...

    Stephen’s Answer

    The other attorneys are absolutely correct that unfortunately, because this is your third offense, it is very unlikely that you will be able to avoid incarceration or confinement of some type. I also agree that it matters GREATLY whether you are to appear in the City of Covington Municipal Court or Newton County Superior Court. My office is in Covington, I have practiced here for nearly 10 years and would happy to discuss this matter further with you if you like. Please feel free to call my office at (770) 784-7660.

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  • What is the maximum sentence in georgia for a 1st offender's felony probation violation and theft by conversion?

    my husband was arrested on a misdemeanor assault charge in Texas while he was on felony probation in the state of georgia for a first offender's charge in which he got 2 years prison time. he recently caught a new charge which is the theft by conv...

    Stephen’s Answer

    If your husband was on felony probation and was sentenced under the provisions of the first offender act and is alleged to have committed a new offense for which the State is seeking to revoke his probation, he can have his first offender status revoked and/or be resentenced to the maximum sentence allowed for the offense that he is on first offender probation for. So, for example, if he is on probation for an offense that carries a max penalty of 10 years, the worst case scenario is that he can be revoked and re-sentenced to 10 years but will be given credit for any time he has previously served under this sentence. What length or type of sentence he is LIKELY to receive, however, depends on many circumstances and I would suggest he retain a criminal defense attorney in Georgia to assist him in this matter as soon as possible.

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  • I was wronglyarrested & charged with domestic violence against husband&child.if the case is dismissed, hw do i expunge my record

    2 weeks ago my husband hit me bad i defended mysef by biting his arm, i was 22 weeks pregnant and have a 13month old son.i passed out and i was so weak and i callled 911. i wouldnt go to the hospital even though i was hurting very bad, i told the ...

    Stephen’s Answer

    It is very difficult to have an arrest expunged in Georgia and to do so, your situation must meet very specific criteria and you must file the appropriate papers requesting the expungement. In your case, in all honestly, if an accusation or indictment has been filed against you, which it seems has happened, it may be very difficult, if not impossible, to have the arrest expunged even if the charges are ultimately dismissed. As such, I would suggest you retain a criminal defense attorney in your area to see what avenues may be explored that could include dismissal and expungement.

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  • Ive been married for 5yrs in georgia usa and now my husbands ex that he has his child and lives in mexico with his child is

    Saying ... They married in mexico 10yrs ago is my marriage to him valid and how can I verify if what she is saying is true?

    Stephen’s Answer

    If your husband was/is in fact married to another woman when he purportedly married you, your marriage is legally invalid and you can seek to have it annulled on those grounds. Given the fact that he was/is purportedly married in Mexico, however, may make it difficult to obtains records which would confirm his previous marriage. I would suggest you contact an attorney to assist you in that regard and assist you in protecting yourself in the event you have been defrauded in your marriage.

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  • 2 MONTH AFTER MY DIVORCE MY WIFE REMARRIED AND IS NOT PREGNANT,DO I STILL HAVE TO PAY ALIMONY AND KEEP HER ON MY HEALTH INSURANC

    THE DIVORCE AGREEMENT STATES I WILL PAY ALIMONY AND PROVIDE HEALTH INSURANCE UNTIL AUGUST OF 2013 OR UNTIL SHES GETS A JOB,BUT NOW SHE HAS REMARRIED AND IS PREGNANT.AND MY HEALTH INSURANCE WENT UP,HER PORTION IS $96.00 BI MONTHLY AND I PAY $100.00...

    Stephen’s Answer

    I agree that the answer to this question depends entirely on the language of your divorce settlement agreement and/or Final Judgment and Decree. In most instances your obligation to pay alimony does cease when your ex wife remarries and your obligation to insure her likewise ordinarily ceases when the divorce is granted. All of this said, your settlement agreement may provide differenly so an attorney would need to review it for you in order to provide sound advice on how you should proceed.

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  • Can an incarcerated person be ordered to pay child support ?

    In the state of Georgia

    Stephen’s Answer

    Yes, if child support has already been ordered, a person's incarceration, in and of itself, does not eliminate their obligation to pay the support. Likewise, if child support is being set and established while a person is incarcerated, the court may still impute income to the incarcerated person to determine what his or her child support obligation should be. An attorney can possibly assist the person in many ways as it relates to this issue, however, so I would suggest the person retain counsel to assist in this matter.

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  • What do I need to do when I see the judge to expunge this from my record?

    I was charged, this never went to court ,for theft by conversion for an item I was paying on for my ex-wife. When she left she agreed to pay it off. She didn't. I have now paid it in full and have forwarded all the information to the judge. This i...

    Stephen’s Answer

    Generally speaking, if you were arrested for ths charge but the charge was never prosecuted, i.e., no accusation, citation or indictment was filed against you, you should be able to have the arrest expunged by completing an expungement request form at the agency that arrested you, i.e., police or sheriff's department, and that will be forwarded to the court or the District Attorney's office for approval. If you have any issues with this process, as always, I would encourage you to contact an attorney for assistance.

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  • A FRIEND OF MINE IS IN JAIL CHARGED WITH MURDER, THEY ONLY HAVE PROBABLE CAUSE , HOW LONG CAN THEY HOLD HIM ?

    NO BOND HAS BEEN SET HE HAS BEEN IN JAIL SINCE THE 4th of July

    Stephen’s Answer

    I agree with previous posts that first and foremost your friend needs to retain a very good lawyer and the first thing that lawyer needs to do is file a Motion for Bond to be heard before a Superior Court Judge as the Magistrate Court Judge (which your friend has likely already been before for a First Appearance hearing) has no jurisdiction or power to set bond on a murder charge. Bond may very well be denied or set very high depending on the circumstances. The 90 days many responses are referring to is not an absolute either, however. Bond must only be set after 90 days if your friend's case has not been presented to a Grand Jury and indicted within 90 days. If a Grand Jury has indicted the case within 90 days, and your friend has been previously denied bond, he can and likely will be held without bail until the trial. If that transpires, there are other procedural tactics that can be explored by a good attorney to speed up the process. I hope this helps and good luck!

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