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Taff R. Wren

Taff Wren’s Answers

9 total

  • How do I file a motion pro se for a criminal case in GA and how long does it typically take before a response is given.

    I wanted to file the motion pro se but I didn't know the proper procedure of doing so, for many copies to send to the court; what should I do if I don't receive a response within 30 days, etc.

    Taff’s Answer

    Do not forget the complications "pro se" defendant's have with the rules of evidence. You really need to hire an attorney, particularly if the matter involves a serious crime. If you disagree with these responses I suggest you go down to the Recorder's Court of Gwinnett County any afternoon after 1:00 and sit in on a pro se bench trial.

    Gwinnett Recorder's Court address
    115 Stone Mountain Street
    Lawrenceville, Georgia 30046

    Typically only traffic offenses, minor misdemeanor's and DUI's are heard in Recorder's Court.

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  • My 14 year old son who lives in Georgia has been what I would think is abused.

    My 14 year old son has been verbally abused by the mother's live in boyfriend of 12 years.My daughter ( 27 now and holds a masters degree ) has told me this man abused her verbally/mentally as well and in fact she has a tape of the boyfriend thre...

    Taff’s Answer

    YOU NEED TO CONTACT AN ATTORNEY IMMEDIATELY. I am certain a qualified attorney in the area where your son resides could assist you in filing a Modification of Child Custody based on the child's election to live with you. Furthermore, Georgia courts allow children 14 and over the option to choose which parent they wish to have primary physical custody and primarily reside with.

    From the information provided, you may what to also request substantial restrictions be placed on the visitation allowed to your ex-wife upon obtaining custody.

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  • Any rules regarding my prose filing notice of appeal in custody case when I still have counsel?

    He wants me to pay more money I dont have before he will proceed with case.

    Taff’s Answer

    I as well am not to clear as to what you are asking from the information provided. More information would help in providing you with a more clear response to your inquiry.

    If by "prose" you mean "pro se" then maybe. If you can no longer afford your attorney, you should ask them to withdraw from the case or terminate their services from your end. This will probably not let you off the hook for any outstanding balances owed to them.

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  • If a spouse filed criminal charges on her husband and later stated in settlement that she will not testify. Shouldn't case be dr

    While going through a divorce with my now ex she had me arrested for assault. She stated that I threatened her over the phone. The charges were upgraded to terroristic threats because she says that her friend over heard the threat. We finalized ou...

    Taff’s Answer

    My colleagues are absolutely right, the D.A. can absolutely go forward with the State's case against you regardless of what was agreed upon between yourself and your ex-wife in a civil proceeding.

    They are also right in that she will undoubtedly be subpoenaed to come and testify against you in your case. Furthermore, if she refuses or tells the D.A. that she made the allegations up, they could potentially charge her with false report of a crime.

    HOWEVER, not all hope is lost. What she can do is higher an attorney to represent her interests preventing the D.A. and their staff from speaking with her without her attorney present, and she can also invoke her fifth amendment right to testify if subpoenaed to testify. In my experience the State's case becomes substantially more problematic and not worth messing with typically resulting in a very reasonable plea offer or in some case a dismissal. The only time I have seen this tactic used involved simple battery charges, so I do not recommend you do this without first hiring an attorney.

    This of course is dependent on exactly what sort of evidence they have against you, and if there are any other witnesses that can testify about the events and particulars surrounding the charge in question.

    Your best bet is for you to contact an attorney immediately, so your interests will be protected. Best of luck to you pal.

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  • My boy friend is on bail bound for credit card fraud he got an important family call thats is attention is need back home

    in Africa so he travel back home before traveling he spoke to is lawyer to ask if he can go his lawyer said but he should write him a letter before going and he did and the lawyer advised him to come in back to USA through Canada ? What is the ris...

    Taff’s Answer

    Your boyfriend's attorney should be able to provide him with adequate guidance as to how he should proceed from this point. Generally speaking, when an individual is released from confinement on pretrial bond they are not suppose to leave the jurisdiction of the court. By "jurisdiction" I am referring to the county in which the alleged crime occurred.

    In the end the overall purpose of pretrial bond is to prevent punishment before a conviction and to secure the appearance of the person in court for trial.

    With this said, your boyfriend's main concern should be making it back in time for his court date, but again, he should really confer with his attorney. I am sure his attorney is much more informed than I, and would be the best person to provide you and your boyfriend with guidance as to what he should do.

    Good luck with everything.

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  • Dui charge in STATE of GA and if i take first probation test and show that i have THC?

    i was arrested on march 2010, i hired a attorney and at the county court July 2011, i could not reduce the charges or nothing. my attorney gave me an option to go to state court for possibility of reduction in charges so which i did. on February 2...

    Taff’s Answer

    I agree with the other two attorneys who answered your questioned, you should talk with the lawyer who handled your case. However, the best thing to do is to be honest with your probation officer. Their goal is to monitor you and make sure you do not offend the laws of Georgia while on probation, not prior to being placed on probation.

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  • What forms are needed to get custody of my nephew?

    My fiance' and I are trying to get custody of my nephew and I am trying to get things in order and wanted to know what paper work/forms are needed to do this.

    Taff’s Answer

    Generally speaking, relatives do not have custodial rights to a minor child if the parents or a parent is considered fit and can adequately care and provide for the child. Because the information you provided is fairly limited, I would recommend you contact an attorney to have a more in depth discussion about the facts and issues concerning custody or nephew.

    Good luck!

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  • Can some one instruct me on how to file a motion to dismiss in georgia?

    I got a ticket, but the officer was no were around and it was citied off of heresy. I would like to fine a motion to dismiss if the office can't prove the calm.

    Taff’s Answer

    I agree with the other responding attorneys in that you really need to hire an attorney. An attorney will be able to analyze possible defenses and challenges to your citation that you may overlook or might not know exist.

    Depending on the particular court in which the charge is pending, the clerks office for that court is where all pleadings and motions need to be filed. You will need to bring the original and three (3) copies of the pleading and/or motion to the clerks office. You would then file the original pleading and/or motion with the clerk and have three (3) copies with you so they can be stamped-in showing the pleading and/or motion was filed, serving one copy on the attorney for the state, provide the other to the judge as a courtesy copy and keep the last copy for yourself.

    Hope this helps.

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  • What are my options?

    I have physical and legal custody of a child through the courts. This child I took care of for 6yrs without complain, even when times are hard on me. I allow him to speak with his mom and also visit her overseas. I decided to not provide mins for ...

    Taff’s Answer

    Even though I am in full agreement with everything attorney Kem suggested, some of the facts present another issue that has not been addressed.

    In dealing with situations in which a parent resides internationally, the primary custodial parent needs to be aware that International Parental Child Abductions ("IPCA") occur, they are costly, they are a real danger, and if happens, go guarantee left-behind parents can get their child back.

    A custody order in the United States can be meaningless abroad. This is because of the following three (3) things: (i) each country is a sovereign nation - sovereign nations cannot interfere with each other's legal systems, judiciaries, or law enforcement; (ii) generally every country only has jurisdiction within its own territory over people present within its borders; and (iii) although the United States may recognize court orders from other countries under the UCCJEA - U.S. court orders are not generally recognized in other countries.

    As a result, dozens of nations got together and agreed to draft a treaty about IPCA to create a way for nations to work together to solve abduction cases. Thus, the Hague Abduction Convention was established and it is now the primary civil law mechanism for parents seeking the return of the children from other partner countries.

    Countries that are parties to the Convention agreed that a child who was living in one Convention country, but was removed to or retained in another Convention country in violation of the left-behind parents custodial rights, shall be promptly returned. The Convention does not address who should have or who is entitled to custody, it merely addresses where the custody case should be heard.

    In utilizing the Convention the left-behind parent must fill out an application specifying whether it is access (visitation) or the child returned (de facto custody). However, there are certain conditions that must be present for an application to have merit: (i) habitual residency in the Convention country wrongfully removed from; (ii) the country the child was removed from and to must be between two Convention countries who actually have a treaty relationship or treaty partners; and (iii) the child must be under the age of 16 at the time of filing the application. However, if all of the above are present, there are exceptions that exist in which even a treaty partner country can deny or refuse return of or access to the child.

    Each country party to the Convention has designated a Central Authority that carry out specialized Convention duties. The application is submitted to the United States Central Authority Office where they will make sure all the criteria have been met (not mandatory, can submit directly to foreign country) and then it is forwarded to the foreign Central Authority. This is where the actual court/tribunal/judicial proceeding is heard. This means the majority of Hague cases go to trial, in which the left-behind parent is typically required to retain an attorney in the country where the child is located to petition the court for them.

    I understand that this is a lot information. However the red-tape, the time, and expense of have a child that is abducted is not the most troubling aspect of such of nightmare. The real nightmare is if the country the child was removed to or retained in is "not compliant" or shows "patters of noncompliance."

    Not Compliant:
    St. Kitts & Nevis

    Patterns of Noncompliance:
    Burkina Faso
    The Bahamas

    Based on what little you did provide in your question, it was enough to inspire me to provide you with the above information. With this said, make sure you and your attorney explore precautionary and preventative measures that best meet your needs and are more likely than not to keep such a thing from happening.

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