Jessica Katherine Stern’s Answers

Jessica Katherine Stern

Atlanta Criminal Defense Attorney.

Contributor Level 8
  1. I received a citation for failure to obey traffic device.Can I find out if the solicitor will reduce to a nonreportable offense?

    Answered 8 months ago.

    1. James Lawrence Yeargan Jr.
    2. David A Lipton
    3. Jessica Katherine Stern
    3 lawyer answers

    It's almost impossible to find out anything about a case prior to court at the Atlanta Municipal Court unless you have a lawyer who knows the solicitors well. Even then, it's still difficult. You'll need to show up the day of, and see what you can do. Come with reasons why the solicitor should reduce it. Defensive driving class completed, maybe?

  2. Trying to seal a record from a 1986 statutory rape charge here in GA. offence occurred in mass. In 1985

    Answered 8 months ago.

    1. James Lawrence Yeargan Jr.
    2. Daniel Ellis Rice
    3. Jessica Katherine Stern
    3 lawyer answers

    It sounds like you may be asking more about sex offender registration requirements in Georgia where you reside. Your MA conviction cannot be sealed from Georgia, as the other attorneys have said, but if you have particular sex offense convictions the laws of Georgia might require you to register here. In order to make sure you're in compliance, or to see if Georgia will provide this letter that you mentioned, you should contact an attorney right away who is knowledgeable about sex offense matters.

  3. How does a public defender work in Cobb county court?

    Answered over 1 year ago.

    1. Andre' Sailers Sr.
    2. Jessica Katherine Stern
    2 lawyer answers

    I can't speak for the exact procedures for requesting a court-appointed attorney in Cobb State Court (because every court is different), but I would try to get some answers before court if possible. You want as much time to prepare for the resolution of this case as possible. First, try calling the Cobb County State Court Clerk of Court. They are usually a good reference of information. Ask them who you would contact to request a court-appointed attorney. If you do not get a good answer...

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

    Answered about 2 years ago.

    1. Merlinus Goodman Monroe
    2. Jessica Katherine Stern
    2 lawyer answers

    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...

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

    Answered about 2 years ago.

    1. Dawn Marie Belisle-Skinner
    2. Michael Jason Rhoades
    3. Jessica Katherine Stern
    3 lawyer answers

    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...

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

    Answered over 2 years ago.

    1. Noah Howard Pines
    2. Jessica Katherine Stern
    3. Morris Hugh Wiltshire Jr.
    3 lawyer answers

    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...

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

    Answered over 2 years ago.

    1. Joshua Mark Geller
    2. Bert W. Cohen
    3. Jessica Katherine Stern
    4. Mark Allen Yurachek
    4 lawyer answers

    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...

  8. 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

    Answered over 2 years ago.

    1. Michael Jason Rhoades
    2. Jessica Katherine Stern
    2 lawyer answers

    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...

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

    Answered almost 3 years ago.

    1. Jessica Katherine Stern
    2. James Lawrence Yeargan Jr.
    2 lawyer answers

    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!

  10. Does being sentenced to state mean going to prison?

    Answered almost 3 years ago.

    1. Jessica Katherine Stern
    2. Michael Jason Rhoades
    2 lawyer answers

    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.