Brian Chiles Tevis’s Answers

Brian Chiles Tevis

Atlanta Criminal Defense Attorney.

Contributor Level 11
  1. How much jail time am i lookin at

    Answered about 2 years ago.

    1. Brian Chiles Tevis
    2. Michael Jason Rhoades
    2 lawyer answers

    The charge will likely be theft by taking or theft by conversion. If the value of the equipment was less than $500 then it would be a misdemeanor with a maximum sentence of 12 months in the county jail and/or up to $1000 fine. If the amount was over $500 then you are looking at a felony with a sentence range from 1-10 years. If this is your first offense it is very likely that you will be able to negotiate probation or even some kind of pre-trial diversion. Talk to an experienced...

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  2. Will my boyfriend serve a full year sentence, and will he be moved to a State Prison?

    Answered over 1 year ago.

    1. Brian Chiles Tevis
    2. Alexander M. Ivakhnenko
    2 lawyer answers

    With the recent shift to lesser sentences for theft and drug charges, hopefully your boyfriend will parole out early. A lot of it depends on his criminal history (you said he has 1 prior felony for burglary), age, drug/alcohol abuse issues, employment history, etc. As a general practice, most inmates for non-violent offenses seem to be getting released early on parole. The department of corrections and board of pardons and paroles have the ultimate say so there is no way to get a time...

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  3. My guilty Obstruction misdemeanor can't be expunged I'm told. So will this stay with me forever, how to clear my record for work

    Answered over 1 year ago.

    1. Brian Chiles Tevis
    2. Daniel Ellis Rice
    3. Lee William Fitzpatrick
    3 lawyer answers

    I wouldn't worry too much about a non-theft misdemeanor. It will show on your record and it can't be expunged, but a disorderly conduct/obstruction probably isn't the be all end all of your career. I don't know when you took a plea on this case, but hopefully your attorney discussed the 1st offender act with you. Most people don't use it on misdemeanors because once you use it you can never use it again (and it's better saved for a felony). But if you took a plea under the 1st offender...

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  4. What counts as first offender act

    Answered over 2 years ago.

    1. Brian Chiles Tevis
    2. Michael Jason Rhoades
    3. James Lawrence Yeargan Jr.
    3 lawyer answers

    If you were in Juvenile Court for the earlier charges, you likely did not have a conviction that would disqualify you from first offender treatment. However, as the previous answer states, you must ask the court to sentence you under the provisions of the First Offender Act at the time of your plea or adjudication of guilt. So if you have taken a conviction already and don't recall that conversation during the plea, then you are likely not eligible. If you don't know or don't remember, go to...

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  5. What does it mean to have your probation revoked?

    Answered almost 2 years ago.

    1. Brian Chiles Tevis
    2. Noah Howard Pines
    3. James B. Hernan
    4. George F. Mccranie IV
    4 lawyer answers

    The direct answer to your question is that it means you were given a chance by getting a sentence with no jail time (5 years probation) and you blew that chance so the court is going to take back some or all of that probation time and make you serve it in jail. As previously answered, the PO cannot revoke your cousin's probation. It requires a hearing in front of a judge unless your cousin waived that in writing. If she did waive it, and didn't understand what she was doing, then she...

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  6. Can i be charged with pot growing if it was found off my land

    Answered about 2 years ago.

    1. Brian Chiles Tevis
    2. Charles E.W. Barrow
    2 lawyer answers

    The bottom line is you can be CHARGED with anything they want to charge you with. It is another matter for the State to be able to prove it. The case will likely turn on a lot of specific facts such as the location of the plants, their proximity to your property, what the informant told them and/or is going to testify to, etc. You should sit down and talk to an attorney about your case and review the police reports, witness statements, photos, etc. to determine the best way to handle...

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  7. What do i need to do if wanted for questioning about an alleged hit and run accident where person was injured?

    Answered over 1 year ago.

    1. Brian Chiles Tevis
    2. Noah Howard Pines
    2 lawyer answers

    First - talk to a criminal defense attorney who regularly practices in your county. Second - know your rights. You have an absolute right not to talk to law enforcement. you don't have to say a word and that can never be held against you. Know that anything you do say to law enforcement can and WILL be used against you in court. If they decide you are responsible for a crime, nothing you say is going to change their minds, but what you say might help them convict you. What you don't say...

    5 lawyers agreed with this answer

  8. Can I file civil suit for aggravated assault if I didn't press charges?

    Answered over 1 year ago.

    1. Brian Chiles Tevis
    2. Daniel Ellis Rice
    3. John Robert Lovell
    4. Matthew Chase Swanson
    4 lawyer answers

    Filing a civil suit is completely separate from the criminal case so you aren't limited just because you didn't "press charges". You can still sue him for an intentional tort and try to recover your medical bills, pain and suffering, lost wages, etc. It sounds like you had some pretty serious injuries so you might reach a level of money such that a local attorney might take your case on a contingency basis (you don't have to pay them, but they take a percentage of what you recover)....

    5 lawyers agreed with this answer

  9. Can I be rightfully fired from my job while under the First Offender Act?

    Answered over 1 year ago.

    1. Brian Chiles Tevis
    2. Daniel Ellis Rice
    3. Lee William Fitzpatrick
    3 lawyer answers

    A sentence under the First Offender Act is NOT a conviction so you were correct in answering that question to your employer. Being an "at will" employment state means that your employer can still fire you if they want to. However, to prevent any future hiccups with employers, go get a copy of your GCIC (criminal history) and make sure it shows up correctly. You can get this done at the sheriff's office for $25. You want to make sure your case got reported correctly and ISN'T showing a...

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  10. Is there a 3 strike rule in Georgia? If so, what constitutes a "strike"?

    Answered about 2 years ago.

    1. Brian Chiles Tevis
    2. Joshua Landon Brownlee
    3. Michael Jason Rhoades
    3 lawyer answers

    I agree with the above statements. However, keep in mind that the Recidivist Statute that we are talking about requires the state to file the proper notice and certified conviction documents. What that means is the law is in place to increase punishment for 2nd and 3rd convictions and therefore get maximum punishment without parole, but the State (District attorney handling the case) has to ask for it and has to have certified copies of those prior convictions. Often times the State uses...

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