Chinwe N. Foster’s Answers

Chinwe N. Foster

Atlanta Criminal Defense Attorney.

Contributor Level 8
  1. Is my attorney required to be present when DA, investigator and judge ? me for a plea agreement

    Answered almost 2 years ago.

    1. Chinwe N. Foster
    2. Philip Andrew Holloway
    3. Alan James Brinkmeier
    3 lawyer answers

    If you are represented, then neither the D.A., Investigator, nor Judge should be talking to you without your attorney present. As for your second issue, your attorney is more familiar with the circumstances of your case, so he would be better able to answer that question.

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  2. How to complete child support forms for a uncontested divorce in the state of Georgia

    Answered over 1 year ago.

    1. Chinwe N. Foster
    2. David L. Lebowski
    3. Adrian Kaspar Pritchett
    4. Darrell Brinnett Reynolds Sr.
    5. Glen Edward Ashman
    5 lawyer answers

    If you are in Fulton county, you can find helpful information in their family law information center. Here is the website: http://www.fultoncourt.org/family/family-flic.php The Child Support Worksheet and some helpful guidelines can be found here: https://cscalc.gaaoc.us/ HOWEVER, I would not suggest trying to go through a divorce on your own if there are children involved. I've found that many times that individuals try to go pro se on matters like this involving children, more...

    4 lawyers agreed with this answer

  3. My daughter has a child she let her ex boyfriend get her for the weekend and he will not giver her back.What should she do.

    Answered over 1 year ago.

    1. Chinwe N. Foster
    2. Glen Edward Ashman
    3. David Lavi
    3 lawyer answers

    Has the child been legitimated by the father? If not, he has no rights whatsoever to the Child. I am shocked that the police told her that there was nothing they could do (she should have spoken to a supervising officer). If she cannot afford to retain an attorney, have her contact your local legal aid to see if they can assist her. If the child is legitimated and there is a custody/visitation order in place that he is violating, she needs to show that to the police...or file a motion for...

    4 lawyers agreed with this answer

  4. When is too late in the criminal process to hire an Attorney instead of using Public Defender?

    Answered almost 2 years ago.

    1. Darrell Brinnett Reynolds Sr.
    2. Chinwe N. Foster
    3. Noah Howard Pines
    4. Allen Rust Knox
    5. Nathan Douglas Wente
    5 lawyer answers

    What stage is the case in? In many of the metro areas, the Judges may not allow you to prolong the proceedings by waiting until the date of trial (or a short time before trial) to ask for time to retain new counsel, especially if there is already a Public Defender assigned to the case. As far as payment plans, many attorneys will accept payment plans, but will require that the balance is paid in full before the case is resolved in court. I would suggest contacting several attorneys to...

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  5. Felony Probation Violation. Trying to get an idea of what might happen.

    Answered over 1 year ago.

    1. Chinwe N. Foster
    2. Charles Christopher Flinn
    2 lawyer answers

    Unfortunately he could get revoked on the arrest alone, even if the new charge is dismissed (depending on the circumstances). If he takes a plea to even a reduced Theft By Taking, he would very likely be revoked as well. Unless the date of the incident of the new charge occurred prior to taking the 1st offender plea. He could also lose his first offender status if he is violated. As my colleague stated, the Probation Violation is a new charge and he will have to deal with both cases in...

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  6. How to plea? Disorderly Conduct

    Answered almost 2 years ago.

    1. Chinwe N. Foster
    2. Charles K. Kenyon Jr.
    2 lawyer answers

    First, I would suggest that you contact a qualified criminal defense attorney to assist you in this matter ASAP. Secondly, the officer is not the person who decides what to officially charge you with; after the prosecution gets the case and reviews the evidence, they could possible charge you with another offense if they feel that the evidence supports the charge - double jeopardy is not applicable in this instance. Even if you are not charged with Aggravated Assault, based on the facts you...

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  7. What will happen to some one charged with party to a crime?

    Answered almost 2 years ago.

    1. Chinwe N. Foster
    2. Allen Rust Knox
    3. Darrell Brinnett Reynolds Sr.
    4. Frank Mascagni III
    4 lawyer answers

    O.C.G.A. § 16-2-20 defines Party to a Crime in Georgia. It states: (a) Every person concerned in the commission of a crime is a party thereto and may be charged with and convicted of commission of the crime. (b) A person is concerned in the commission of a crime only if he: (1) Directly commits the crime; (2) Intentionally causes some other person to commit the crime under such circumstances that the other person is not guilty of any crime either in fact or because of legal...

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  8. Should the sentence be jail or probation for a first felony according to the details provided?

    Answered almost 2 years ago.

    1. Chinwe N. Foster
    2. Dawn Marie Belisle-Skinner
    3. Tina Marie Richards
    3 lawyer answers

    Entering auto and Criminal Damage 2nd degree both carry a penalty of 1 to 5 years for each charge. Sentencing is at the judges discretion based on the circumstances. I would suggest that your friend retain an attorney to represent him. If your friend does not want to go to trial, then an attorney could assist him in negotiating a plea deal.

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  9. Will my case for child abandonment be dismissed?

    Answered over 1 year ago.

    1. Ikemesit Amajak Eyo
    2. Chinwe N. Foster
    3. Daniel Ellis Rice
    3 lawyer answers

    As my colleague stated, it is not clear as to whether you have counsel representing you in either the abandonment or child support case. If you don't, I would suggest that you contact a family law attorney to go over the specifics of your case. You do not want to go before a judge not knowing the correct arguments to bring up that may help make your case. Without knowing the specifics of your case, I cannot say whether or not a judge would dismiss your abandonment case, however the law is...

    2 lawyers agreed with this answer

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  10. Expunging criminal record from private companies

    Answered over 1 year ago.

    1. Chinwe N. Foster
    2. John Arnold Steakley
    3. Salvatore Bonanno
    3 lawyer answers

    Getting your record expunged would depend on what the outcome of the case was. If your case was dismissed, nolle prossed, you received PTI or some sort of first offender, you can petition to have your record expunged in GA. An attorney would be able to assist you in doing this. If you were convicted or took a guilty plea to something, you will not be able to get that expunged. If you are speaking about databases like mugshots.com, you would have to contact the organization to assist you...

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