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Herman Maddox Kilgore
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Herman Kilgore’s Answers

11 total


  • If the f bi Rapp sheet only shows an arrest and no conviction is that enough to show no conviction.

    I was arrested in 1995 the case was exponzed when my employer ran a background after i was hired and trained and got my cdl b license the background check from the fbi rapp sheet showed the arrest nothing else it had no info on conviction. Would ...

    Herman’s Answer

    What your employer is most likely reviewing is an NCIC - or National Crime Information Center report. If the NCIC report shows the arrest, but no conviction then it appears to be accurate based on the information you have provided. It just doesn't show the disposition. My suggestion is to request your State of California criminal history, which should reflect no criminal history if the case was in fact expunged. I would also go ahead and order the records from the courthouse in California (which should show the disposition) because it sounds like that's the only way your employer will be satisfied. Your employer is really holding all the cards. Good luck.

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  • What do I do next and is my license going to be suspended?

    Got a ticket for a right on red June 14, 2014. Didn't realize it was mandatory to appear in court on my date July 16, 2014. Thought I could just pay online which never appeared until all of a sudden I check it one day and it said status= closed. ...

    Herman’s Answer

    This is not uncommon in City of Atlanta. Don't worry. It may take some time before you get a court date in the State Court of Fulton County. Continue to monitor by checking the State Court website. Your license should not be in jeopardy. You have only been cited - not convicted. Unless you already have lots of points toward your license, your fine. A lawyer can probably get this citation reduced to a zero point violation which would not even go on your driving history.

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  • My husband has a bench warrant from over a year ago. Do they ever expire? It was for fta for court date related to unpaid debt.

    He didn't pay certain debt he had accrued. Hopsital emergency room debt, and loans/credit cards. Account broker of xxxx county is responsible for putting out the bench warrant for his debt. He has zero criminal history, never been to jail or on pr...

    Herman’s Answer

    Unfortunately bench warrants for failure to appear do not "expire". But regardless of the reasons for the FTA warrant, a lawyer can often get involved and have the warrant withdrawn and a new court date scheduled. Without more information on the circumstances, I can only advise you obtain a lawyer immediately to see what can be done to have the warrant withdrawn. I can suggest that an attorney may ask for a retainer in the neighborhood of $1500 to $2500. FTA are typically "no bond" type warrants, but your husband will have the opportunity to ask for a bond to be set. Again, your best bet is to get a lawyer involved as quickly as possible.

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  • I still did not get my answer about my son and the wreak and the ticket can they still give him one the kid said he hit are car

    Can he still get a ticket and how has to pay for are car

    Herman’s Answer

    OK...your question not entirely clear. Not sure if your son got the ticket or the other driver got the ticket. But either way, the officer on the scene makes the determination of who was at fault and who committed a traffic violation (speeding ect.). If your son was the one that got the ticket and you disagree, then contest the matter in court. If you believe that the other driver SHOULD have received a ticket and didn't...then your out of luck. The officer is not going to go back and give him one later. As for who pays for your car repairs, its almost certainly going to fall upon your insurance if the other driver was not cited. Good luck.

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  • If a murder conviction is overturned and you have to go through the trial again, how will the court process work?

    My brother and his wife and three sons were murdered. The person charged with the crimes stood trial and was convicted of three of the five murders. This was because they knew others were involved but only had circumstantial evidence. One year aft...

    Herman’s Answer

    • Selected as best answer

    Unless the conviction was reversed for insufficient evidence, the State should be able to put the defendants on trial again. And unless the supreme court found that some of the evidence should have been excluded from the first trial, the prosecutor will likely use the same evidence in any subsequent trial. However, nothing will prevent the prosecutor from presenting new additional evidence as long as it was lawfully obtained and otherwise relevant to any issue in the case.

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  • Found contradictory time lmits from 90 to 30 dys for sup ct; does this apply to my habeas/reconsideratn denial I'm filing on?

    I've already been told that I've 90 days to file writ of certiorari after a habeas corpus reconsideration denial from the circt ct, but found confusing rules in 28 USC 2101(a) and (b), that an appeal shall be "taken within 30 days", if "interlocu...

    Herman’s Answer

    Your situation is a bit confusing without seeing the documents. But few things are more complicated in criminal law than all the traps and rules surrounding federal (and state) post-conviction practice and appeals. I strongly suggest you retain an attorney immediately. If that is just not possible, file your request for extension TODAY if you think your time limit even MAY run out. Weekend deadlines are extended to the following Monday.

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  • Can u get a background check online? & do warrents show up on background checks?

    need a web site for background check

    Herman’s Answer

    • Selected as best answer

    For someone to pull your Georgia criminal history (GCIC), you will need to give them written authorization to do so...like if you were applying for a job. Any new arrest should appear on your criminal history and will stay there unless it is later restricted upon disposition. This official criminal history (GCIC) is a database kept by the GBI and cannot be accessed merely by getting on the computer; however, a lot of other arrest information can often be accessed online, such as on the local sheriff's website.

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  • How long it takes the magistrate court to issue a court date in cobb county ga

    is still in custody, bond was given already, probable cause was made already

    Herman’s Answer

    If probable cause already determined, then the case was bound up to state court for a misdemeanor, or superior court for a felony. The magistrate court is out of the picture altogether. The DA or Solicitor General will then have to charge the case formally before an arraignment date is set. For felonies, you can expect to wait at least 3 or 4 months for a court date, but it could be much longer. For a misdemeanor, you should get a court date within a couple weeks. Either way, a lawyer is needed.

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  • How long does it take for the magistrate court in cobb county ga to give a court date

    been locked up for 2 months already

    Herman’s Answer

    In Cobb County, your case will automatically be reviewed for bond in about 30 days after arrest. Otherwise, you will need to have an attorney file for a probable cause and bond (reduction) hearing. Depending on the availability of the officer who took the warrant, you will be scheduled for a hearing in 3 to 5 weeks.

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  • I was given an obstruction charge. The cop made a false report. What can I do? Who can I file a complaint with?

    I passed him coming into the subdivision. I was not speeding. I made it home, parked the car, and he pulls up in front of my car in the drive way. He lauhs and says, "Youre in a hurry!" I didn't see any lights on. He had no reason to stop me and ...

    Herman’s Answer

    In Georgia "obstruction" is committed where a person knowingly and willfully obstructs or hinders any law enforcement officer in the lawful discharge of his official duties. If there is also "offering to do violence" or actually "doing violence" then its felony obstruction. The police report may suggest that he was pulling you over and you ran inside during a traffic stop. Under Georgia law, that's enough to constitute misdemeanor obstruction. I would suggest that a "complaint" to anyone is a waste of time. Rather, get a local criminal defense lawyer who may know if this was a rogue or cowboy cop. If he can't get the charge dismissed, you may have a defense that you didn't see any police lights, so you were unaware he was pulling you over or taking any official police action.

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