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Kimberly Keheley Frye's Answers
Contributor Level 12
- 169 Legal Answers
- 2 Legal Guides
5
Attorney answers:
How much should I expect to pay an attorney for representation on a first DUI? Is it better to pay an hourly or flat fee.
This question cannot be adequately answered on an open forum list. However, it is easily answered in an attorney's office. Please take some time and set up consultations with your daughter for at least 3 experienced local DUI counsel in your area. If you cannot find one, I will help you find some good attorneys. This will help you determine if your daughter will be represented well. This situation will take some time to resolve and may impact your daughter for the rest of her life. Do not...
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3
Attorney answers:
Do you need to list any moving violations, you received with a DUI, on criminal background checks?
Asker- I read your comments to the previous poster. The simple answer is yes, the lane change and following too closely tickets are criminal convictions here in Ga because they are punishable by 12 months in custody and a $1000 fine. However, the previous poster is correct- they are normally considered on regular job applications to be moving violations rather than criminal convictions. Here is the bigger problem. You have a conviction for DUI which is a much bigger deal than the other two...
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4
Attorney answers:
What if i wasnt driving my car just trying to get it started because it ran out of gas and was not allowed to call someone
Your case hinges on what the officer actually saw regarding you and your vehicle. The State has to prove you were in actual physical control of a moving vehicle. The outcome may also depend on whether the Court considers the stop of your vehicle a stop or just an encounter to begin with. Seek an experienced local DUI attorney in your area. They can help determine the best defense for your case under the facts. Don't delay as your license could be suspended based on the arrest.
6 lawyers agreed with this answer
4
Attorney answers:
Is there an amount of time that can pass between DUI arrest & arraignment in Georgia in order for the charges to be dropped?
Is this Fulton County State Court? Long delays there are not uncommon. These delays normally are to the accused benefit in a final resolution of the case. However, a filing of a citation stays the statute of limitations. It is unclear from your question whether a citation was issued. My suggestion is to find an attorney that is experienced in the State court where you bound your case over. This attorney may be able to assist you to determine if charges are still pending. It is difficult...
5 lawyers agreed with this answer
4
Attorney answers:
Is there a way to get a DUI charge and a Marijuanna charge exspunged.
Currently not under Ga law, however there is an expungment bill pending before the Ga legislature which may help some folks clean up their past records. Check back in the summer/fall and there may be some movement on this issue.
5 lawyers agreed with this answer
4
Attorney answers:
How much does an attorney cost for misdemeanor first offsense related charges?
A great DUI attorney is worth every penny and much more. This is not a situation you want to face alone or with a novice attorney. Make some consultation appointments with some experienced DUI attorneys and you will be able to make your decision and not base it on price alone. Good luck,
6 lawyers agreed with this answer
3
Attorney answers:
Can I take legal action against my lawyer?
Lawyers have a set protocol on where they appear first when they have cases set at the same time which is a Superior Court rule. Felony cases come before misdemeanors. You should contact your lawyers office to see if they still represent you in your DUI case. Just because your lawyer cannot appear on Monday does not mean you will not have a lawyer on a later date. It is important that you speak with your lawyer to figure out what you need to do next to resolve your DUI case.
4 lawyers agreed with this answer
2
Attorney answers:
What makes the federal government pick up a state case?
The Federal government may intercede in a state case when there a larger criminal enterprise involved, when it is a specific federal crime- like bank robbery, counterfeiting or child kidnapping. They may also be working with the state in investigating a case. Most times it is discretionary with the federal authorities. Without more information, it is difficult to tell if you might be in danger of your case becoming a "federal" case. The systems are different. The rules of evidence differ in...
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2
Attorney answers:
I was in an accident and both me and the other driver received a citation. How do I defend myself in court?
For your first appearance in traffic court, you do not need your witness present. If you schedule the case for trial, the witness needs to be subpoenaed to come to court to testify on your behalf. You can try to go on the first day and give your side to the solicitor in traffic court. However, they will want you to plead to something most likely. Please consider hiring a criminal defense attorney for your case. It may not be as expensive as you think. You should not have to have a...
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6
Attorney answers:
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Should I hire an attorney who has been a prosecutor before?
This is a great question and one that I am sure many people are thinking. I do not normally answer out of state questions, but your question is a universal one. Certainly the advice you have been given to interview attorneys and pick one you are comfortable is great. Picking an experienced attorney is very, very important. You don't say whether your DUI is alcohol, drugs or a combined influence of both. An experienced DUI attorney will know the difference and will be proficient at both....
5 lawyers agreed with this answer