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Jessica Katherine Stern

Jessica Stern’s Answers

42 total

  • How do i get criminal charges dismissed

    i was charged two years ago and not indicted as of yet but due to the pending charges my parole was revoked, the parole board says they will reconsider my revocation if these charges are dismissed, how do i push for dismissal of these charges sinc...

    Jessica’s Answer

    You need a lawyer to help you with this. One may not only be able to pursue this with the DA's office further, but also supply the parole board with documents that tend to show the unlikelihood of an indictment and the underlying weaknesses in the case. A good attorney can work both angles to achieve the best possible result.

    Good luck!

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  • Police officer threatened me, want to know my rights

    Was a witness at my apt complex to a disagreement between two people. A police officer has been leaving his card in my door & trying to "meet up" with me the past week. I called back the phone# & told him what I saw, which was nothing. (There was...

    Jessica’s Answer

    I agree with the answers previously given, but I also want to recommend one thing further. If this was Atlanta Police Department (APD), there is a citizen oversight board created to investigate complaints independent of the police department. While they are undergoing changes to membership and structure at the moment, filing a complaint with them will still be the most effective method. The Atlanta Citizen Review Board (ACRB)'s website is: http://acrbgov.org/

    You should file a complaint so that these actions do not continue to go unchecked. Good luck.

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  • Violated my probation failing a drug test and M.I.P and another possession of marijuana charge how much time am I looking at ?

    I am already on probation for marijuana (under first offense) i failed a drug test at probation and I violated my probation with a M.I.P and a possession of marijuana charge again I plan to plead not guilty to the possession charge only in court h...

    Jessica’s Answer

    You should speak with an attorney in order to mitigate or lessen the consequences as much as possible. You should also try to enroll in some sort of drug classes or see if the state offers this as part of a pretrial intervention program. If you're able to hire an attorney, feel free to contact me.

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  • " How much jail time?"

    Husband has 2 hold for different counties. Probation violation due to unpaid fines. He was originally arrested in 2010 for speeding and no license in both counties. What's the best way to get him out.

    Jessica’s Answer

    Without making any statements or admissions related to payment of fines, you should contact each probation department to find out how much of a payment would be necessary for them to lift the warrant. Make sure you get the person's name who gives you this information. If you're able, pay the fines necessary for release. This amount may not necessarily be the full balance, but just the required payment to get him caught up. I doubt your husband has a bond, but if he does it seems you'd be better off using any money you have to pay off fines.

    Otherwise, he will have to wait for a probation revocation hearing to be scheduled. Your husband has a right to request a lawyer for a probation revocation proceeding where the judge will decide whether the circumstances require an attorney under due process of law. At this hearing, careful arguments should be made related to his (in)ability to pay the fines as a defense to a probation violation, or attempt to reach a stipulated agreement with probation as the scheduling of future payments.

    If you'd like to hire an attorney to assist you further through these proceedings, I'd be happy to speak with you. Good luck.

    -Jessica Stern

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  • My boyfriend is in jail in Cedartown,Ga (polk county jail). Is there anyway I can get his release date or estimate release date?

    He has been in jail since september 12,2011.

    Jessica’s Answer

    You can typically call the county's sheriff department or jail to see if there is a specific release date in the system. However, if the person has not been sentenced yet, and still has a case pending, there will not be a release date in the system. A pre-trial release is completely dependent on a bond or bail amount.

    If your boyfriend is being held without bond or a bond that unaffordable, he needs an attorney to file a bond motion. Good luck!

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  • Is it safe to say my brother is going to prison for a very long time???

    My older brother was arrested for two counts Residential Burglary and poss of a firearm during a felony and also firearm by convicted felon. My brother got locked a year ago for intent to distribute marjuana and did his time and got felony probati...

    Jessica’s Answer

    It depends on many different factors. One huge thing to consider is whether he was on "first offender" probation or just regular probation. The state would have to still prove its case under the applicable burden, but if he was on first offender probation he will be looking at much greater consequences with a lower burden of proof necessary.

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  • Does being sentenced to state mean going to prison?

    my boyfriend's info online said sentenced to state

    Jessica’s Answer

    I'd like to help you figure this out, but you have to clear up your question a bit. What does it say online exactly?

    Unfortunately, if your boyfriend was sentenced and wasn't released it probably means he was sentenced to some form of incarceration. He may not have been transferred to a state prison yet depending on how long ago he was sentenced and the length of the sentence.

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  • How can 3 felony theft by deception charges be handled instead of going to trial in GA

    Is repayment or probation a option

    Jessica’s Answer

    Are these three charges all in one county or separate counties? If it is spread through different counties it can be much more tricky. You definitely need a good lawyer to help you obtain the best possible result. Please let me know if we can be of any assistance. I handle cases like this all of the time. Good luck!

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  • Is it a violation of my parole if i get put on probation due to an old charge that happen befor my parole in ga?

    i was locked up for a bag a weed in one county thats what im on probation for.i did 1 year in ga state prison was suppose to go to court while locked for the weed it never happen.i was released on 1 year parole for other charges and got a court da...

    Jessica’s Answer

    • Selected as best answer

    That is correct. The law is similar in Georgia. The judge tells you during sentencing, that any commission of a new offense is a violation of your probation. That is a condition that is placed on you from that date of sentencing. If you are ultimately convicted for an act that occurred before you were sentenced to probation, it cannot be used as a basis to revoke your probation.

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  • HOW CAN ONE APPEAL A PAROLE REVOCATION DECISON

    I SIGNED A WAIVER OF MY FINAL HEARING OF MY PAROLE REVOCATION HEARING, IS THERE ANYTHING I CAN DO IF THE CHARGES THAT RESULTED IN MY PAROLE REVOCATION WERE LATER DROPPED. HOW CAN I BE RELEASED.

    Jessica’s Answer

    Parole decisions are difficult to overcome. The "parolee" has very little rights as opposed to a person on probation or someone facing new criminal charges on the trial level.

    The parole board looks at parole as a luxury to an otherwise prison sentence. Unfortunately, there are too many folks in your situation. There is not much an appeal process within the parole system, but having an attorney navigate this for in attempts to undue the affects of a waiver would be best.

    However, you know that proving a violation of parole is a VERY different standard than "beyond a reasonable doubt" at trial. There only needs to be slight evidence (and trust me I've seen parole be revoked with barely any evidence). It isn't a judge making legal decisions about law or evidence at a parole revocation proceeding. So you have to keep in mind that even if it was dismissed at the trial level, the possibility of the parole board still deciding to revoke parole based on the evidence presented is still high.

    Still, parole is likely to dismiss their warrant/hold if the underlying charges are dismissed first. Unfortunately for you, it didn't happen in that order. If you'd like me to try to figure out if there is a way to undue the waiver, feel free to contact us. Good luck!

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