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Jessica Katherine Stern

Jessica Stern’s Answers

42 total

  • Georgia first offender-felony theft-white collar employment

    I am one month away from finishing up my first offender probation for felony theft . I am going back to school in the fall and was wondering if I would ultimately be able to find professional ( ie white collar / office ) employment since I don...

    Jessica’s Answer

    I agree with all of the answers previously given, but also don't want you to lose hope that you can continue on with a successful career despite your first offender sentence. The point of the previous answers was to prepare you for what you might encounter. There surely is no guarantee that an employer won't see it on a background check. You therefore should read any employment application carefully so that you can answer truthfully. Have you ever been convicted? No. If that's all it asks, you don't have to say any more. If it asks, "Have you ever been arrested or charged or pleaded guilty?" you would have to answer that affirmatively. You would then want to follow that up with an explanation that you did not receive a conviction for this offense, and you may want an attorney to help craft your response with a letter or something.

    Overall, you may run into problems in the financial sector. When you are dealing with people's money, people are very hesitant to give you the benefit of the doubt. Other than that...just reach for the stars! Be good at what you do, work hard, and you shouldn't have too much trouble finding the type of career that you want. You may have some hurdles...but you don't have a criminal conviction! Good luck to you.

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  • Is there anything I can do if a judge denied my discharge under the first offender act even tho I never violated my sentence?

    I was sentenced to 12 months probation and 100 hours community service for a felony possession of a controlled substance. I was offered the first offender act. I was told that if I was in compliance with probation and had completed my community s...

    Jessica’s Answer

    This action by the Judge was incorrect. In fact, discharge from a 1st offender sentence is automatic without any necessary action on your behalf. Ailara v. State, 311 Ga.App. 862, 864-865, 717 S.E.2d 498 (2011)(First Offender probationer entitled to automatic discharge with no additional action if all terms of probation successfully completed).

    Courts do sign off on sentence terminations as routine practice, but according to the law, GCIC should have closed that out on your criminal history as completed. I'd be happy to help you further if you're looking to hire a lawyer.

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  • How long the court process takes in Gwinnette county(superior court).

    I was arrested in April 2012 for aggravated stalking and was let go on bond on ankle monitor. Is there a limit there can keep someone on ankle monitor. I have not been indicted/accused so far. What is the time line on the average in this case for ...

    Jessica’s Answer

    As far as the ankle monitor situation, if you have not been indicted within 90 days from arrest - I would argue that the restraint on your freedom should be removed similar to the bond argument that would be made if you were still in jail with no bond nor indictment. The sticky thing is that you don't want to push the DA's office to go ahead and indictment you if they were considering doing otherwise. If you get a lawyer involved soon enough, you may be able to negotiate something other than an indictment for Agg Stalking. Also, you can always try for a bond modification hearing after you show there have been no problems after a period of time.

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  • Arrested for DUI while out on ICE bond, can ICE detain him before conviction is established?

    My boyfriend was arrested in October of 2011 when he was rear ended in a traffic accident. Even though the accident was not his fault, once the responding officer realized that he did not have a valid liscense, he was arrested. I was able to bail ...

    Jessica’s Answer

    So long as your boyfriend's criminal history does not reflect poor moral character, he should be eligible for in the current situation. The Immigration Judge (IJ) will consider that the original charge was dismissed, but the IJ will also consider that the court order was not respected in "violating the law" while out on bond. It will be a factor that is considered, but your boyfriend should still be eligible for a bond. What is your boyfriend's status? LPR or no?

    Please give me a call if you would like to discuss hiring an immigration lawyer to represent him.

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  • Is there such a thing as sentence reduction ?

    My friend was sentenced to 10 years as a first time offender for "intent to defraud a retailer", a charge that carries a 1 to 10 year sentence. He took that as a plea deal out of desperation after being one year in county jail and having 2 bad exp...

    Jessica’s Answer

    When was your friend sentenced? If the sentence was issued within a year, a lawyer can file a motion to modify sentence and have another opportunity to make a sentencing presentation. It definitely is not a guarantee, but it is possible to present factors at the time of sentencing which tend to mitigate the sentence. You never know what can happen, and it doesn't hurt to try. If you or your friend have the ability to hire a lawyer, please give me a call, and I would be happy to help however I can.

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  • Should a copy of the search warrant be in the discovery package?

    The police searched my house, but now my public defender is given me the run around on producing a search warrant.

    Jessica’s Answer

    You should not have to run around to find it yourself. If this was a search warrant case, your lawyer should be able to get it for you as Mr. Tevis explained. However, technically the state doesn't have to turn over full discovery until 10 days before trial. They usually do, but sometimes certain pieces of discovery take a longer than others. Your lawyer would have to make sure he or she gets it within enough time to file a motion to suppress, though. Maybe write a letter to your lawyer expressing your concerns about receiving it in time. Keep a copy for your records. Good luck.

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  • My husband gonne files for divorce. My conditional green card expires 8/2013. We dont have joint bank acct and tax returns.

    We have a joint apartment lease, car insurance, a blood test shows I was pregnant and had miscarriage, affidavits from my friends, W-2 shows my status as married, drivers's licenses shows the same address, lots of pics, flights, hotels, cards, tex...

    Jessica’s Answer

    Thanks for seeking out my advice. I do handle immigration cases, but for now I'm only taking clients who have immigration consequences as they relate to a criminal charge, conviction, or investigation. I do know of a great immigration lawyer in Atlanta who may be able to help you. His name is Jama Ibrahim. http://irimmigration.com/index.php/firm-profile/jama-ibrahim/

    Please contact him for advice and representation.

    Thanks,
    -Jessica Stern

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  • In Georgia how long does the state have to indict you after a warrant has been issued for your arrest? How long after an arrres

    Once you have been arrested and charged with a crime how long does the state have to present the case to the grand jury and get an indictment? The charge is ID Fraud

    Jessica’s Answer

    While it is true that the state has four years to formally charge a person once they are aware of the crime, you will likely be indicted within a very short window if this is a Fulton Couty case. The practice in Fulton County is to indict everything and investigate later as opposed to some other counties that take a long time to investigate before indicting.

    You should get an attorney involved immediately to see if there is any way to prevent the formal charges from moving forward. You better move fast, though.

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  • If I took a plea bargain 9 years ago at the age of 17 for a crime I didn't commit can I have the case reopened to clear my name?

    The crime is a serious offense, however I was ill advised and now that I have better knowledge I am wanting to explore my options. I was looking at almost 80 years, for a crime I did not commit so I took the bargain to preserve my life. 80 years w...

    Jessica’s Answer

    Unfortunately, you only have four years from the date of the sentence to challenge the plea through a habeas corpus petition. Unless you weren't properly advised of this at the time of the plea on record, you dont have any way to challenge your conviction at this point.

    You may want to spend some time drafting a really thoughtful letter that you send with job applications, etc, in order to explain how you've learned from the situation and are a better person now from the experience. There are also re-entry organizations that help with this very problem. It surely isn't an easy one.

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  • Probation Violation

    I was placed on First Offenders Probation for a Misdemeanor Charge, probation for 3 months. I was able to successfully complete it, as I paid my fines and went every month to meet my Probation Officer. Towards the end, I violated because I was on ...

    Jessica’s Answer

    First offender probation is different from regular probation in that, anytime there is a violation of a special condition, a judge can resentence you up to the maximum amount that the statute carries for the convicted offense. If you were only sentenced to one misdemeanor charge than it would be 12 months. If it was multiple counts, the 12 months can be stacked on top of each other if the judge wishes.

    Do you know if the warrant/petition to revoke your probation has been filed yet? You should hire an attorney to represent you on any pending probation revocation matter. I consider probation revocations a speciality of mine, so feel free to give me a call. (404) 588-3991

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