Ashleigh Bartkus Merchant's Answers

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

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.

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?

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...

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

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...

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

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...

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

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...

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

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...

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

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...

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

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?

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