Herman Maddox Kilgore’s Answers

Herman Maddox Kilgore

Marietta Criminal Defense Attorney.

Contributor Level 4
  1. 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.

    Answered 26 days ago.

    1. Jeffery L. Weeden
    2. Colin Grant Mccallin
    3. Michael Adam Haber
    4. Jeffery L. Greco
    5. Herman Maddox Kilgore
    5 lawyer answers

    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 But regardless of the reasons for the FTA warrant, a lawyer can often get involved and have the warrant withdrawn and a new court date scheduled.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on the circumstances, I can only advise you obtain a lawyer immediately to see what can be done to have the warrant withdrawn.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...

    6 lawyers agreed with this answer

  2. Can he plea insanity

    Answered 9 months ago.

    1. Charles Christopher Flinn
    2. Daniel Ray Partain
    3. James Lawrence Yeargan Jr.
    4. Herman Maddox Kilgore
    5. John Arnold Steakley
    6. ···
    6 lawyer answers

    If the child lives, your teenage family member is potentially facing twenty years or more in prison for aggravated battery, aggravated assault, and felony gun charges. In Georgia, "insanity" is an affirmative defense which the defendant must prove either: (1) he lacked the mental capacity to distinguish between right and wrong in relation to the act; or (2) because of a mental disease, he acted as the result of a delusional compulsion which overmastered his will to resist committing the crime....

    3 lawyers agreed with this answer

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

    Answered 26 days ago.

    1. Herman Maddox Kilgore
    2. Howard Woodley Bailey
    3. Frank Mascagni III
    4. Joshua Sachs
    5. Jay Scott Finnecy
    5 lawyer answers

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

    Answered 26 days ago.

    1. Herman Maddox Kilgore
    2. James Lawrence Yeargan Jr.
    2 lawyer answers

    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...

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

    Answered 9 months ago.

    1. Zachary Walter Procter
    2. James Lawrence Yeargan Jr.
    3. John Arnold Steakley
    4. Scott Benjamin Riddle
    5. Herman Maddox Kilgore
    5 lawyer answers

    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...

    1 lawyer agreed with this answer

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

    Answered 26 days ago.

    1. Herman Maddox Kilgore
    2. James Lawrence Yeargan Jr.
    3. Jay Wolfson
    3 lawyer answers

    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.

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

    Answered 26 days ago.

    1. Herman Maddox Kilgore
    2. Timothy A. Provis
    2 lawyer answers

    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.

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

    Answered 27 days ago.

    1. Charles Christopher Flinn
    2. Herman Maddox Kilgore
    2 lawyer answers

    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...

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

    Answered 27 days ago.

    1. Benjamin David Goldberg
    2. Michael David Barber Jr.
    3. James Lawrence Yeargan Jr.
    4. Barbara M. Lassiter
    5. Herman Maddox Kilgore
    5 lawyer answers

    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.

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

    Answered 26 days ago.

    1. Herman Maddox Kilgore
    1 lawyer 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 (...

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