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Stuart Mones’s Answers

22 total

  • What are possible penalties for violation of probation?

    My son was arrested Sat. for disorderly conduct in one county, (Gwinnett) but was transferred to another county (Pike) where I learned he had not completed terms of probation from two years ago. What are typical penalties?

    Stuart’s Answer

    It will vary greatly from Judge to Judge and County to County. The potential punishments range from nothing to prison time. Typically when there is another arrest while on probation, jail time becomes a lot more likely. It would be wise to consult an attorney to avoid a harsher sentence.

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  • I received a 5 year confinement. 15 year probation split sentence. in 2000 and did boot camp and got out after 7 months

    I got out on parole in 2000 so did my probation start when i got out on parole

    Stuart’s Answer

    No. You were on parole for the rest of the 5 years you were sentenced to confinement. Your probation started after the parole ended.

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  • I have been charged with unlawful video surveillance and this is my first time ever being charged with anything.

    Am I eligible for a first time offenders and how will that affect my trying to get a job? Also, I had property taken via a search warrant. What is the process to be able to receive those items back?

    Stuart’s Answer

    You need to contact an attorney. That statute has technical requirements about what can and cannot be taped and what is excluded. Do not post additional details on a public forum. This is a serious charge. To answer your question, you may be eligible for First Offender if you have never been convicted before or used a First Offender plea. However, you may have a defense to the case. You should look at whether you can defend the case before considering a plea.

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  • I have been charged with criminal trespassing FV because i broke a door at my moms house, can the charges be dropped

    i have been charged with criminal trespassing FV because i broke a door at my moms house, can the charges be dropped, and if not what am i looking at in terms of a sentence?

    Stuart’s Answer

    It is always possible that the prosecutor could elect to drop the charges. However, they typically do not. Your attorney has to do the legwork and present the issue correctly in order to have a chance at getting the charges dropped.

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  • How long does it take to get to trial on criminal charges?

    Pendinng since Dec. 2012. 4 felony counts. Drug & firearm charges. Does system take this long or is our atty. not working hard enough. Pleaded not guilty. Went in to hear motion but can't seem to get heard.

    Stuart’s Answer

    It depends on what county you are in. In metro Atlanta it wouldn't be unusual to take many years. It doesn't necessarily indicate one way or the other whether your attorney is "working hard enough" as they do not control the court's calendar. However, if you are concerned, you should contact your lawyer and discuss the status and your concerns over the progress of the case.

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  • Is it unethical for a court appointed lawyer, but not "Public Defender" to ask for additional money to ensure better results?

    My cousin will go to court on the 3rd of Jan, the lawyer said he would work harder if she paid an additional 4k and he is a court appointed Lawyer.

    Stuart’s Answer

    Yes.

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  • If a case is dead docket in State Court could it be indicted under the same indictment in Federal Court using the same language?

    The State Court of Georgia indicted me on drug charges, but decided not to prosecute and dead docket the case. However the FEDS prosecuted the case using the same language in the State indictment (which was dead docket). Can they do that without ...

    Stuart’s Answer

    Yes. A dead docket order does not terminate a case. The state could bring it back if it wanted to. However, even if it had been dismissed in the state court, the federal government could prosecute you.

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  • 1 hour standby trial

    the judge told my boyfriend to be on 1 hour notice for a 2week trial calendar hes a driver how could this possibly work does he not work for those 2weeks ? and is there a possibility he may not even be called

    Stuart’s Answer

    That is, unfortunately, how many judges run their trial calendars. What can happen is the Judge's office can call the number your boyfriend gave them and tell him to be there for trial any time from an hour later to several days. It just depends on the judge and their schedule. It is also possible that your boyfriend will not be called into trial if their are too many cases in front of his that go to trial. He just needs to be ready if the judge calls.

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  • I have received a notice of pre-warrant/probable cause hearing - should I have an attorney present?

    While at work, I passed behind a female co-worker and put my hands on her waist to move her to the side so I could pass. My employer conducted an investigation and counseled me for inappropriate behavior stating that I should have waited for her t...

    Stuart’s Answer

    Although the allegation seems silly, you should have an attorney present to make sure that your perspective gets heard by the judge. The pre-warrant hearing is a chance for both sides to speak to the court and then the judge decides whether to issue a warrant and have you arrested right then. An attorney can investigate, speak to witness, subpoena witnesses and evidence, and give you the best chance at the hearing.

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  • Witnesses on indictment

    On the cover of the indictment it has a list of witnesses, are those witnesses the ones who appeared in front of the grand jury?

    Stuart’s Answer

    Generally speaking, yes, the people listed as witnesses on the cover page of the indictment actually appeared before the grand jury.

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