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Zachary Walter Procter
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Zachary Procter’s Answers

968 total


  • When is Justice served in the Criminal Judiciary System?

    Is Justice served when the right people are punished for their crimes?

    Zachary’s Answer

    This is a pretty deep philosophical question, but basically yes, justice is served when the people responsible for committing a crime receive an appropriate punishment, and anyone harmed by the misdeeds of someone are made as whole as they can be through restitution.

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  • AM I ALLOWED TO VOTE in Georgia although I am wrongly charged with a Felony & a misdemeanor?

    I was wrongly charged with a Felony & a misdemeanor? Am I banned from voting in this upcoming elections? I want to vote for TRUMP. I was wrongly charged for reporting a crime. Never knew it was a crime to report a crime.

    Zachary’s Answer

    You can vote until and unless you are convicted of a felony. A pending charge does not deprive you of your voting rights. However, I would encourage you to consider other candidates such as Marco Rubio or Ted Cruz.

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  • I received 1 year probation for driving with a suspended license in Georgia. Well I owe $129.00 in 2 days and don't see how I am

    I received 1 year probation for driving with a suspended license in Georgia. Well I owe $129.00 in 2 days (my case expires in 2 days) and don't see how I am going to pay it. What will happen?

    Zachary’s Answer

    If they wanted to do anything about that money you owe, they should have already taken out a warrant. Once the time runs out on your probation, they don't have any power to do anything about it. In 3 days, you should make sure there is no warrant for you. If not, then you're free and clear. Spend that $129 wisely.

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  • Should I plea guilty, nolo or fight for my 40-6-16 citation? Will nolo avoid points being taken off?

    I was driving on the rightmost lane on I-75 south just passed exit 254 on a night. I saw a cob with lights on in front which seemed fully on the shoulder. Since I was going to exit on the next exit (252), I did not consider to move over to the lan...

    Zachary’s Answer

    The law only requires you to move over if it is safe to do so. I have seen cases won where there was testimony that cars in the left lane made it impossible to move over and the driver slowed down to a safe speed when passing the emergency vehicle, so you may want to fight this one.

    I would recommend that you hire a good local attorney rather than attempting to handle the case yourself, as the judges are more receptive to arguments from a lawyer and we know the methods of introducing evidence and cross examining the officer.

    Best of luck to you.

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  • I want to know if it's possible to avoid jail time if possible to secure I don't loose job time or possibly loose my job ?

    I was charged with my 2nd dui within 5yrs

    Zachary’s Answer

    Depending on what jurisdiction your case is in, as well as your judge and prosecutor, it may well be possible to structure a jail sentence that would allow you to keep your job. The statutory minimum period of jail on a second DUI within 5 years is 72 hours. However, you may get credit for the time you already spent in custody waiting to bond out, and the judge may be willing to let you serve the remaining time on weekends or otherwise work with your work schedule.
    Of course, sometimes they want more jail time than the minimum. I have seen sentences of 10-60 days of jail on a 2nd in 5, but the vast majority are on the shorter end of that scale. A lot of judges and prosecutors, even if they are imposing a longer sentence, are willing to let you do the time on Work Release, which means you get out of jail to go to work on your regular schedule, then report back that evening. It's kind of like staying is a really bad bed and breakfast.
    Hire a good DUI lawyer to negotiate on your behalf and you will be much more likely to get the kind of deal you will be able to live with. Cobb County, if that is where your case is, is one of those jurisdictions where they treat folks with lawyers better than folks who represent themselves.

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  • Will I be able to get a drivers license in GA without restrictions?

    I was arrested in NY for DWAI - drugs (a DUI) which is an unclassified misdemeanor. I have a CT license. Although NY did not impose the interlock device penalty on me bc it was drug related, CT has. I just got my CT license back with the IID res...

    Zachary’s Answer

    I agree with both of my colleagues who have already answered. If there is a restriction of that kind on your license, Georgia will find out about it When they run a check as part of the licensing process here. In addition, the interlock requirement is usually made a part of the probation orders here, and I would assume they are in New York as well, so you would have to have the IID installed for the requisite period of time either way. It's going to be much easier to get a Georgia license once your CT license is cleared up without restrictiosns. Of course, if you have already moved to Georgia, you are required to get a Georgia license within 30 days of changing residence, so your hands may be tied and you may have to jump through the hoops anyway.

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  • My second DUI case is assigned to Judge Patricia Muise of Gwinnett County recorder's court for bench trial.

    Anybody have any idea about how Judge Muise handle these kind of case?

    Zachary’s Answer

    Judge Muise is a very fair judge who is willing to listen to anyone's arguments. However, her BS radar is very active and her patience runs out quickly if someone wastes her time. If you have a good argument and make it clearly, she will listen and give it full consideration.

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  • DUI and Law School???

    Hi All - Thank you for taking the time to answer my questions. I was convicted of a DUI little more than 10yrs ago during graduate school. I recently got my 2nd DUI. During my 2nd arrest for DUI I was also given a misdemeanor ticket of po...

    Zachary’s Answer

    I have known folks with worse records who have gone to law school and been admitted to the Bar. However, it is certainly an uphill battle and there is no guarantee that you will be allowed to practice law even if you are admitted to a law school and graduate.

    Each State Bar has their own standards for admission and most will want to at least have an interview and hearing before deciding if you can be admitted to practice law. Of course there are other things you can do with a law degree besides practice law, so you might want to look into some of those other career paths as alternatives if you aren't able to gain admission to the Bar after law school.

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  • Will i go to jail?

    i live in atlanta ga. the county is gwinnett. i am 16 years old and a couple days ago i was charged with attempt of breaking and entering of a vehicle. i never went to jail my parents picked me up from the neighborhood it occured. They signed a pa...

    Zachary’s Answer

    That is a charge that could carry a jail sentence, but you may be able to negotiate a straight-probation sentence, meaning that you would not have to go to jail. If you were 16 at the time you committed the offense, then you would be charged as an adult and would have to handle your case in Superior Court. A good local lawyer can work with the DA to work out an appropriate sentence, especially if they can demonstrate that you are normally a law-abiding citizen with a bright future ahead of you. You should also have options to be able to avoid a conviction and keep this off of your record. Hire a good Gwinnett Criminal Defense attorney as soon as you can.

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  • I've had 2 DUI's in a 7mth period. I've done all that was required of me to do and now 7yrs. later, I can't afford to get the

    breathing device on a vehicle. I'm disabled and don't have a car. I'm trying to get my license back so I can get to my doctor's appointments by borrowing my sister's car and not having to depend on her trying to get off work to take me . What can ...

    Zachary’s Answer

    Go back before the judge who sentenced you (or whoever has that position if the previous judge is retired) and request a waiver to get your license without the ignition interlock device. They will want some proof of your finances, but they are allowed to waive the interlock requirement for folks who cannot afford it.

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