Skip to main content
Ashleigh Bartkus Merchant

Ashleigh Merchant’s Answers

9 total

  • My case was Dead Docket I keep getting denied of employment. What can I do if they will not Expunge the case?

    I tried to get a Dead Docket case Expunge, but they denied me, saying that it does not meet the requirements due to the victim didn't show up in court. And when jobs does a criminal background check I get denied for employment.

    Ashleigh’s Answer

    A Dead Docket means the case is still open and that is why you cannot get the case expunged. You need to contact an experienced criminal defense attorney to discuss your options to resolve your case.

    See question 
  • Is there absolutely no way to have a MIP of alcohol (age 19) conviction expunged in the state of Georgia? I am now 26.

    The way I understand it, If you have a conviction, there is no way to have it expunged. Is this correct?

    Ashleigh’s Answer

    While there is no way to have this conviction "Expunged" from your record you might want to look into a pardon from the Georgia Board of Pardons and Paroles. This would not remove the conviction from your record but would restore whatever rights you have lost, if any, due to the conviction.

    See question 
  • My nephew has been in jail in georgia for 18 months without a trial. he was arraigned 8 months after his arrest is this lawful?

    The charges are multiple counts ID theft, reckless driving. He also has no bond. During his time in jail two judges had to resign based on unlawful acts/allegations. His PD also had to resigned because of a sex scandal. One of the PD's there unfor...

    Ashleigh’s Answer

    Wow. It sounds like he is dealing with some of the issues that have been plaguing the Griffin Judicial Circuit in Georgia. Unfortunately Georgia does not have a speedy trial act, like the one in Federal Court, that mandates his case be tried in a certain amount of time. Had his original trial attorney filed a "Demand for Speedy Trial" then his case would have moved forward to trial or it would have been dismissed. However, it is too late for such a "Demand" to be filed now. Now his case must be tried in accordance with the Constitutional Speedy Trial provisions which do not create a definite time limit for his trial to take place. However, if a court finds that his right to a constitutional speedy trial has been violated, it can dismiss the case. These circumstances are rare. Good luck!

    See question 
  • If a person has five year probation with one year left and committs a new charge how much time does the person gets in georgia

    how much time will that person gets

    Ashleigh’s Answer

    It would depend on whether they were on Georgia's regular probation or first offender probation. If they are on regular probation and commit a new offense, they can have the entire balance of probation revoked meaning they could get - as time - whatever is left on their probation.

    If they are on first offender probation in Georgia, then they could be resentenced and receive the maximum amount of time allowed by law for that original offense, minus however much time they already served on probation.

    See question 
  • If a person has five year probation with one year left and committs a new charge how much time does the person gets in georgia

    how much time will that person gets

    Ashleigh’s Answer

    It would depend on whether they were on Georgia's regular probation or first offender probation. If they are on regular probation and commit a new offense, they can have the entire balance of probation revoked meaning they could get - as time - whatever is left on their probation.

    If they are on first offender probation in Georgia, then they could be resentenced and receive the maximum amount of time allowed by law for that original offense, minus however much time they already served on probation.

    See question 
  • If a person has five year probation with one year left and committs a new charge how much time does the person gets in georgia

    how much time will that person gets

    Ashleigh’s Answer

    It would depend on whether they were on Georgia's regular probation or first offender probation. If they are on regular probation and commit a new offense, they can have the entire balance of probation revoked meaning they could get - as time - whatever is left on their probation.

    If they are on first offender probation in Georgia, then they could be resentenced and receive the maximum amount of time allowed by law for that original offense, minus however much time they already served on probation.

    See question 
  • If a person has five year probation with one year left and committs a new charge how much time does the person gets in georgia

    how much time will that person gets

    Ashleigh’s Answer

    It would depend on whether they were on Georgia's regular probation or first offender probation. If they are on regular probation and commit a new offense, they can have the entire balance of probation revoked meaning they could get - as time - whatever is left on their probation.

    If they are on first offender probation in Georgia, then they could be resentenced and receive the maximum amount of time allowed by law for that original offense, minus however much time they already served on probation.

    See question 
  • If a person has five year probation with one year left and committs a new charge how much time does the person gets in georgia

    how much time will that person gets

    Ashleigh’s Answer

    It would depend on whether they were on Georgia's regular probation or first offender probation. If they are on regular probation and commit a new offense, they can have the entire balance of probation revoked meaning they could get - as time - whatever is left on their probation.

    If they are on first offender probation in Georgia, then they could be resentenced and receive the maximum amount of time allowed by law for that original offense, minus however much time they already served on probation.

    See question 
  • Do we plead not quilty and get a lawyer appointed to him or plead quilty and take what he has coming to him.

    my 14 year old broke a window and is now he goes to court for criminal mischief , class 1 misdemeanor we have never been in a court room before so we have no idea what to expect.Can you help with any advise to what we need to do

    Ashleigh’s Answer

    You should have the attorney appointed for your son without a doubt. There is a chance, based on your jurisdiction, that your son could be treated as a juvenile, which is what you want. Your greatest concern should be your son's criminal record at this point in his life. You want to make sure that he maintains no record and an attorney that understands the local law is the best one to assure that your son's interests are protected. What have you got to lose by consulting an attorney?

    See question