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Adam Marshall Hames

Adam Hames’s Answers

135 total


  • My husband just got arrested for dirty urine how long can they hold him?

    He's on felony probation. And take drug classes?

    Adam’s Answer

    The answer is it depends. From your description, it is more likely that he was arrested on a probation warrant rather than a new charge. Since probation is meant to give an individual a second chance, when someone on probation violates the terms of their release the number of procedural safeguards are reduced. Even if there is a new charge and he makes bond on that new charge, there will likely be a probation hold placed on him. When he will see a judge depends a great deal on how busy the probation office is, when the judge has time in his or her schedule, and if there are any aggravating factors beyond failing a drug test like not complying with the other terms of probation. You should contact a local lawyer for help in navigating the system he is located in. Good luck to you both.

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  • I recently got a ticket in Georgia for speeding 70/84 and I'm from indiana. Should I fight this?

    From indiana Ticket from Georgia Speeding 70/84 Says I have to appear in court

    Adam’s Answer

    Contact a defense attorney in the area that you received the ticket. Whether to fight the ticket or not is a conversation best had with someone looking out for your interest and not to be displayed on the internet. Some things to consider. A local attorney will be able to tell you if the case can be disposed of without you being present or not. Most traffic courts are willing to work with people from out of town if they have someone representing them locally. Simply ignoring the ticket will lead to your license being suspended in Georgia, and it is likely that Georgia will report your failure to appear to Indiana. I do not know what Indiana would do with that information. A local attorney should be able to save you the hassle of coming back to Georgia to deal with this matter. Good luck to you.

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  • How long do the attorney General have to reply in an habeas corpus when the petitioner submitted a brief?

    Had an habeas hearing on Oct.31 2014submitted a brief on February 9 2015.

    Adam’s Answer

    If you are referring to a brief with the habeas court then that court should have set the briefing schedule. What I suspect that you are referring to is after habeas relief is denied, the petitioner has to seek an application for a certificate of probable cause to appeal. The petitioner files an application, which is often like a brief. The Attorney General's office almost never files a reply to an application as they have too much work to do. If the application is granted then a briefing schedule will be set and the Attorney General's Office will file a brief according to that schedule.

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  • How much prison time can he possible do?

    My little brother got arrested last summer for residential burglary and was bonded out so the case is still open. Now he was arrested for residential burglary again! while on bond for the other burglary and since the police found a knife on him th...

    Adam’s Answer

    Burglary carries up to 20 years in prison per count. Each additional burglary raises the mandatory minimum sentence that must be imposed. It is important that your brother find an attorney as quickly as possible to be able to understand and defenses he may have and the full range of consequences he faces. Good luck to you all.

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  • Can my brother file an appeal after being in prison for a year? My brother was sentenced to 17 years serving 7 in state of ga

    My brother was stopped passing thru morgan cty, ga because the light over the license plate was out. He was driving my mothers car from atl back to aug. I have driven the same car several times through morgan county to get to atlanta and never, ...

    Adam’s Answer

    A lot depends on how he was sentenced. If he was sentenced after a guilty plea then the time has run for seeking a direct appeal of the conviction and sentence. That does not mean that there is not an avenue to challenge the conviction and sentence. The vehicle that remains is a petition for the writ of habeas corpus.

    If he had a jury trial and a motion for new trial was not filed on his behalf, then he may have the opportunity to file a motion for an out of time appeal. That could revive his chance to file a direct appeal.

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  • How do enforce your attorney to advocate your 6 amendment right to a speedy trial?

    My son has been languishing in county jail for all most a year to be retried on a case that he was found by a jury of not being guilty on 6 out 9 charges. 8 to 4 to acquit on the three remaining charges. The total time he has been incarcerated fo...

    Adam’s Answer

    I do not practice in your state, but I would recommend talking with your son's attorney. There may be very good reasons to agree to a continuance from a defense point of view (witnesses memories becoming less clear, loss of evidence, etc.). There may not be any reason, but without talking to the lawyer you may never know why he/she is agreeing to the continuance. This may not be financially feasible, but you could always hire a new attorney that will ensure that your son's speedy trial rights are respected and preserved. Good luck to you and your son.

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  • Cash Purge on Violation of Probation? Original Charge Is Misdemeanor Fine

    Recently my girlfriend was arrested for violation of probation stemming from a 2007 (2 count) misdemeanor plea of simple possession < 1 oz. She was ordered to pay fine and 12 months probation. She didn't pay the fine and left the state. In 2010...

    Adam’s Answer

    I do not practice in your neck of the woods, so the terminology may be somewhat different. In some counties they will allow you to pay the fine plus various fees and surcharges and the probation officer will remove the hold on that person. Your girlfriend's case may be more complicated in that she absconded from probation for a long period of time. Contact a local attorney that specializes in criminal defense. They should be able to help you navigate the system and get a good result. Good luck to you.

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  • If a person commits armed robbery in the state of Ga, how much time will he get?

    When the person commited the crime he had 2 other people with him and firearms. A person was struck with a wepon which made it a home invasion. The guns involved were never fired just used by 1 of the suspects to strike a person at the home. 1 of ...

    Adam’s Answer

    If the person has a lawyer they should be able to give them a more specific answer based upon the facts of that case/ Armed robbery by itself carries a sentencing range of ten years to life. O.C.G.A. § 16-8-41. However, based upon the facts as described above there are other charges that any of the participants can be held liable for as a party to the crime. There appears to be an aggravated assault and there might be a kidnapping. Additionally, if the money was taken from more than one person, then for each person there could be a seperate count of armed robbery and or aggravated assault. Ultimately, I guess that you want to know how much time a person would actually serve. These are extremely serious crimes that normally warrant a long prison sentence, but each case is different. A sentence may ultimately be effected by factors such as cooperation, the county the crime occured in, and what role a particular individual played in the crime.

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  • Incompetence

    how can a person be found incompetent in a criminal case if the person a patient of mental services and is on medication. what information do his attorney need to prove this case? And will he be sentence prison time or go to a mental hospital if f...

    Adam’s Answer

    To be competent to stand trial one must be able to assist his or her attorney in their own defense and understand the nature of the proceedings against them. That explanation is a little simplistic, but it covers the basics. There are those people that even with medication and treatment are not competent to stand trial. If this person has an attorney listen to what he or she has to say. There are many people that are mentally ill, that can be made competent to stand trial through medication and treatment. If the person is found competent to stand trial he will likely go to prison, but if he is found not competent to stand trial he can be held in a mental hospital for an extended period of time to see if he can become competent. The attorney handling the case should have a good idea of what he needs to prove competency and what the consequences are in that case.

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  • Can i help my fiance in a criminal case if im the victim?

    can i get a defense attorney for my fiance if he is being charged with aggravated assasult because i called the police on him for having a gun and he is on parole. can i help him is that legal

    Adam’s Answer

    I am aware of no prohibition on helping your fiancé. It happens all of the time in domestic violence cases. It may have some affect on how you are seen as a witness based upon the facts of that case. When you hire an attorney make sure he or she has experience dealing with parole revocations as well. Otherwise he could be sent back to state prison on the parole revocation and never have to face the new charge. There is a different burden of proof in a revocation setting and many good criminal defense lawyers have never had to deal with a parole revocation hearing. Good luck to you.

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