Skip to main content
Kimberly Keheley Frye
Avvo
Pro

Kimberly Frye’s Answers

184 total


  • My case was dismissed but i do not have a lawyer what do i do to get the dismissed case expunge from my record

    i was charged with curtly to children on the 01-01-2013 but it was dismissed though i did not have a lawyer, how do i get the case expunge from my record

    Kimberly’s Answer

    Take a copy of the dismissal to the arresting agency and make application for expungement.

    See question 
  • Early termination of probation

    If going for early probation termination does court contact victim to get his/her approval? Assuming one is a good probation is it possible to get early termintaion of felony probation or without victim's no-objection it can not be achieved, does...

    Kimberly’s Answer

    Yes, the prosecutor is required to notify the victim regarding any sentence including the termination of probation. While the victim's wishes and the prosecutors are heard by the Court, it is ultimately up to the Court whether it will grant the termination. 2 years need to be served successfully before you can request early termination. Also, all fines, fees and special conditions need to be completed before seeking termination.

    See question 
  • Solicitor offering plea

    Is it typical for the solicitor to not offer any negotiation for a municipal charge until my court date? My attorney is saying that the solicitor is not giving him any response. Was told that it would be a 30 day jail sentence at first arraignmen...

    Kimberly’s Answer

    It is not unusual for a city solicitor to be a part-time prosecutor and unable to look at every case until the court date which may be why your attorney is having trouble reaching that solicitor. Trust your attorney to represent you.

    See question 
  • My husband was arrested for possession of marijuana. What happens during arraignment? Will he have to plea? will bail be set?

    My husband was arrested for possession of marijuana. I am looking for guidance on the arraignment process and what to expect during the arraignment.

    Kimberly’s Answer

    If your husband was just arrested, then his appearance is a first appearance for bond to be set. Once he is released on bond, then he will receive an arraignment date. It is important he have an attorney to represent him as all drug charges have driver's license implications.

    See question 
  • I left my child in the car for a few minutes. She was not harmed, but I was charged with reckless conduct. What will happen now?

    The car was locked and the windows were cracked, she was not hurt or crying and I was only inside for a few minutes. It was not a hot day outside and this is my first offense. I cannot afford a lawyer and I am terrified of what the judge will say ...

    Kimberly’s Answer

    This is a serious charge even though it is a misdemeanor. You should not attempt to resolve this case or speak to a prosecutor without an attorney. You have some defenses to this charge. Please find an experienced criminal defense attorney to represent you. It is very important to your future.

    See question 
  • I was charged with DUI less safe, obstruction, hit and run reckless driving, leaving the scene of an accident eluding the police

    I was at a bar around 9pm and had 1 1/2 beers right when i got there. We left around 2am and when I left i had not had a beer in over 3 hours. I was driving down the road approaching a left turn light. there are dual lanes to make this turn and I ...

    Kimberly’s Answer

    All of your charges are serious and include mandatory jail time and long license suspensions if you are convicted. There may be video of your eluding and other behavior during the incident. It is very important that you have an experienced DUI attorney to represent you in this case to minimize your consequences. Some of your other friends maybe helpful witnesses for you case. Your medical condition and its relation to your actions may be a viable defense to some of the activity of the night. Don't delay in getting excellent counsel for your situation.

    See question 
  • Can i get a misdemeanor i plead guilty to in georgia sealed

    i live in Dade County, Georgia and in 2008 i was charged with simple battery for slapping a young woman in the face, there were extinuating circustances where she had caused my 16 year old don to run away from home more than 8 times in a month , h...

    Kimberly’s Answer

    In Georgia, once you plead guilty to an offense it is on your record forever unless you to advantage or a first offender or conditional discharge plea which would have included probation. You can try to pursue a pardon for your offense. Look for Post Conviction Relief attorneys. There is no sealing of a criminal record in Georgia for adult offenders.

    This is certainly an example of how having an attorney to assist you when you ever arrested is an important and life long decision. Not what you wanted to hear, but I hope this gives you insight on the process.

    See question 
  • Can the police arrest me for a dui after getting out of my car and standing on my porch?

    I had one drank, went to the store, I came back home the police was there for something else but, arrested , me for a dui after getting out of my car. they were standing on the porch I walk to my door and the police said he smell alcohol and arre...

    Kimberly’s Answer

    Yes, the police have the discretion to arrest you. Now, the arrest may not be enough to convict you of the crime charged. So, it is very, very important that you get a LOCAL, experienced DUI criminal defense attorney to represent you in this case. It appears you have some interesting facts to work with in your case.

    See question 
  • Can I get in a coLlege in georgia with a misdemeaner charge for marijuana?

    I am a senior in college and am trying to decide if I should use the "First Offender Act" on a misdemeanor charge this Thursday, Oct 11, 2012 or attempt to have the judge drop the charges if I complete whatever program/conditions he may require to...

    Kimberly’s Answer

    Successfully completing diversion is almost always better than pleading first offender if you can complete the conditions. First offender is a plea of guilty and puts you on probation. Please talk to your attorney about this decision and your ability to complete it. He can help you decide.

    See question 
  • Is it the law that eveyone is entitled to a first offenders act if its not a serious felony?

    The person has never been in trouble

    Kimberly’s Answer

    Actually, several kinds of felonies are not permitted as first offenders even if the person is otherwise qualified. Also, first offender is not always the best choice for the case. An experienced criminal defense attorney can advise you on the best possible resolutions for your case.

    See question