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Bob Giannini
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Bob Giannini’s Answers

144 total


  • Can i travel outside US if i got arrested for DUI? haven't been to court yet. I am a permanent resident of US. Please help!

    My case got transferred to a different court, so right now i'm just waiting for a court date. I am not on probation, my drivers license is not suspendent . Will i have any problems re-entering the country if i travel???

    Bob’s Answer

    You may have difficulty traveling into Canada. They have gotten pretty aggressive about admitting people with DUI arrests.

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  • Repercussions for waiving rights to attorney in drug cases, expectations for misdemeanor drug charge?

    (17 years old, Female) Arrested for possession of less than an ounce of marijuana and drug related object back in December- on school campus, was cooperative. Spent five days in adult detention center, released on pretrial. Waived rights to attorn...

    Bob’s Answer

    So, if I have this correctly, you waived your right to an attorney and now you want to ask attorneys what is going to happen to you? I think you need to get an attorney. You are facing having a drug conviction, losing your driver's license, fines & court fees, drug treatment, probation, probation fees, license reinstatement fees, and maybe even DUI school (yes, DUI school - its actually called the Alcohol & Drug Risk Reduction Program). But, to answer your question of what can you expect - without an attorney you can expect to get whatever the prosecutor and judge feel like giving you. How was that five days in jail after you were so cooperative? You need to go meet with a lawyer to discuss possible options and consequences.

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  • Can a juvenile conviction in Georgia be sealed or expunged? Conviction after 18th birthday for juvenile matter.

    No other criminal history. Case was over 10 years ago.

    Bob’s Answer

    Yes, juvenile conviction records can be sealed if you were 16 or younger at the time of the offense, even if you were 18 when convicted. It is a different process from the records restriction or expungement that is available to adults (in some cases).

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  • Can I change a plea and get in a program so my license wouldn't be suspended?

    Ticket for possession of marijuana less than an ounce and drug related object. Pled guilty, put on probation, and license suspended. I heard I could change into a diversion program so that I could have my license and go to work. Is this true?

    Bob’s Answer

    Yes, that is possible, but not automatic. Don't wait too long. Remember that allowing a case into Pre-trial Diversion is in the discretion of the prosecutor and the judge. If your case is in Snellville Municipal Court the Solicitor (Ms. White) and the Judge (Judge Layng) must approve the vacating of your guilty plea and entry into the PTD program. I suggest you consult with an attorney familiar with that Court immediately. There are time limits.

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  • When arrested do you have to have your rights read to you

    I was arrested the other day and the officer did not read me my rights

    Bob’s Answer

    The short version is that the Miranda rights must be read to you if the officers wish to question you after you have been arrested. If the question after you have been arrested and do not read you your rights then they are not supposed to be able to use what you said against you. It gets a bit more complicated, in example, what if cops don't formally pronounce you under arrest, but you are cuffed and taken to the police station? If you have been arrested I suggest you consult with a criminal defense lawyer one-on one.

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  • How long from the date you get pulled over for a dui until the ramifications start affecting you?

    Recently got a dui. First court date is middle of November. Spoke to an attorney and he said most likely have to go to trial to get it reduced to a dwai. It's my first time arrested for anything in my life. Wondering how long it will take to actua...

    Bob’s Answer

    I agree with Mr Litman. Get an attorney. Many states have automatic suspensions that take place if you do not act quickly. Don't put it off until your court date. Get a lawyer. Mr Litman could probably refer you to one in your area of the state,

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  • What kind of evidence is needed in court to prove an open container in public is actually yours

    I was near but not holding or drinking from the can. Do they need the can in court. Finger print . Anything other than the officer claiming it was mine?

    Bob’s Answer

    I agree with the other answers. There may not be any direct evidence (such as someone seeing you holding it or fingerprints), but there could possibly enough circumstantial evidence (your proximity to the can, the lack of anyone else near by, the can may still be cold, the officer may say he smelled beer on your breath, etc). If you care about your record, get a lawyer.

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  • 2nd offense for Ai. 1st offense disorderly conduct. 1st offense resisting arrest. Whats gonna happen to me?

    Was in a vehicle with a friend. Got told i could walk away. Went to walk away and told i was under arrest. I replied saying to the officer that he said i could walk away. Then i was thrown to the ground and cuffed.

    Bob’s Answer

    Don't try to handle these charges yourself. I have seen many pro se defendants get railroaded over minor charges because they don't know what they are doing. Consult with a criminal defense lawyer in your area.

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  • Can I get a temporary restraining order expunged off my record?

    So two years ago I was issued a restraining order and was never served any papers. I ended up going to court even though I was unaware I didn't have to and was charged. Then within the month of September, 2012 the restraining order had been remove...

    Bob’s Answer

    What record is it showing up on? Get a copy of whatever that is and take it to an attorney in NC. I agree with the previous answer that I am not aware of any purely civil record.

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  • Is it legal in the state of Georgia to live on your own at 17? And under what Georgia codes is it legal?

    I am 17 and I live at the hotel I work at. My boss wants to make sure it is legal. I want to cover my butt and know what I am getting into. My custodial parent knows what is going on and also sends money to help for necessities. Is this legal? And...

    Bob’s Answer

    I think it may be legal in this situation since you are doing it with the knowledge, consent and support of your custodial parent. I would say that it would be similar to a student who is 17 but lives in an apartment to attend college. That is my opinion.

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