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Norman H. Cuadra

Norman Cuadra’s Answers

14 total


  • Are private prob.co,allowed to keep me on probation for 9 going on 10 years for a simple poss charge in state of ga

    judge ruled misdemeanor offenses could not be "tolled" the offence occurred in 2005 also i was jailed for 3 days when the i saw judge 4 days later i had to plea was not given a bond hearing j plead guilty only to get out of jail is any of this le...

    Norman’s Answer

    I believe the main issue is that it is a private probation case. Recently, the Georgia Supreme Court came out with a ruling that private probation does not have the authority to toll a case. If your case was tolled as a result of a tolling order done by private probation. You may now be serving a sentence that has already expired. You need to contact an attorney to review your case.

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  • Can I get a refund if no ALS hearing date is scheduled?

    DUI REFUSAL - After my plea entry of Not Guilty, my court date could be some time out. Should I wait until AFTER my jury trail to request the refund or is their a Statue of Limitations for ALS hearings?

    Norman’s Answer

    The only way you would be entitled to a refund would be if you sent your appeal letter and the officer had failed to turn in your 1105 (suspension notice). Usually, you should get a letter from DDS indicating whether or not the suspension form was turned in. If the letter states that the suspension was not turned in, you can request a refund.

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  • Can a permanent resident of 22 years be deported for 1 simple DUI (misdemeanor). There was no accident or injuries.

    This is also a 1st offense of any kind, including no prior traffic tickets

    Norman’s Answer

    • Selected as best answer

    The case of Leocal v. Ashcroft, a US Supreme Court case indicates that this may not be a deportable offense. You need to speak with a DUI attorney and an immigration attorney. Both can work to assist you in defending your rights.

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  • Am I responsible for an expired registration ticket given to me while I was driving someone else's car.

    Got a ticket for expired registration. (Didn't know that it was.) Am I responsible for this ticket?

    Norman’s Answer

    The code on this charge contains an element of knowledge and service. If you did not know, it may be a defense to the charge.

    Look at code section O.C.G.A. 40-6-15(a), "Any person who knowingly drives a motor vehicle on any public road or highway of this state at time when the vehicle registration is suspended, canceled or revoked shall be guilty of a misdemeanor."

    Remember that the State has to prove all of the elements of your case beyond a reasonable doubt. You also have the right to remain silent. If you do not own the car, and the State has no one to testify that you knew that your license is suspended, they may not be able to prove your case.

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  • Unfair Traffic Citation

    Today I was given a traffic citation for "Headlights Required During Rain" at 3:12pm. the officer was behind me for more than two miles (tail-gating me) before stopping me. He was so close that at one point I felt he would hit me! here' what's in...

    Norman’s Answer

    I disagree with the officer's issuance of this citation. You may be able to challenge the citation in court. The Georgia Code says that headlights must be used when raining. There is nothing in the code section that requires "high beams" to be used when driving in the rain. This may be a charge that can be dismissed according to the facts that you have explained.

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  • Can a nolo plea deal show up on your background check from ten years ago

    a nolo deal

    Norman’s Answer

    Yes. Unless the case is under the First Offender statute or under a local city ordinance, a plea of nolo contendre and/or guilty will show up on your criminal and/or driver's license hearing. Another way to get this off of your record is by an expungement which can be done when there is a mistake, clerical error or an act of fraud contributing to your record.

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  • Defense against a temporary protection order

    I am the respondent to a family violence protection order. The petitioner is my significant other, and has made exaggerated accusations of physical abuse-only some of which are true. There are no criminal charges against me. If I go pro se, what a...

    Norman’s Answer

    I can't tell you with the facts provided. However, I recommend that you retain an attorney to assist you with the case. Although you may not have criminal charges pending, remember that anything you say during your hearing can be used in a future criminal proceeding. In this type of hearing, there is NO right to have an attorney appointed to you. Also, the proof required is less than that of a criminal case and the petitioner need only prove that it is MORE LIKELY THAN NOT that you committed the act of family violence.

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  • How much is a ticket in georgia for failure to yield

    i got a ticket for failure to yield,unsafe lane change, illegal window tint, and

    Norman’s Answer

    Pursuant to Georgia law, the charges of failure to yield, unsafe lane change and window tint violation each carry a penalty of up to a $1,000 fine and 12 months in jail. Under Georgia law, these are considered misdemeanor violations. The amount of fine that you will receive depends on the court you are in, facts of your case and your criminal and/or driving history.

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  • I was charged with shoplifting on 12/29/2009. I went to court & got an offer to just do 40 hours community service, that I accep

    i was charged with shoplifting on 12/29/2009. I went to court & got an offer to just do 40 hours community service, that I accepted. Today I received a letter from walmart( where I was caught shoplifting only $38.00) stating a settlement offer for...

    Norman’s Answer

    The 40 hours of community service took care of the criminal case. However, Georgia law provides that Wal Mart may come after you through a Civil case for damages. According to the law, Wal Mart can come after you for damages in a Civil lawsuit. However, in my 14 plus years of experience, I have never seen Wal Mart go after a client of mine in a lawsuit under this law.

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  • I did not sign the ticket. Can I get out of the ticket?

    Pulled over for speeding. New bike, didn't realize i was going that fast. Was actually kind of in shock when a cop car pulled up behind me. No previous speeding for atleast 5 yrs. Officer pretty rude.

    Norman’s Answer

    One of the basic tenants of law is "Notice". This means that you have been legally notified of a pending court matter. In the criminal law sense, notice is given by signing or receiving a ticket or being arrested. If you refuse to sign a ticket, you could be arrested to prove that you were notified. Can you get out of the ticket for that reason? Maybe. However, if you do not show, they will suspend your license. You also have a right to a jury or bench trial on your case. Believe it or not, it is very difficult to fight a speeding ticket. Your best bet may be to plead Nolo Contendre (no contest -- will not be a conviction on your record, points on license, but can only be done with Judge's permission and once every five years), or Defensive Driving School. As with all court cases, no matter how minor, you SHOULD contact an attorney to assist you and counsel you on the particular facts of the case.

    The information provided is generalized information and in no way should be substituted or confused with creating an attorney-client relationship.

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