Howard J. Weintraub’s Answers

Howard J. Weintraub

Atlanta DUI / DWI Attorney.

Contributor Level 9
  1. I live in ga and I just found out I have a warrant in texas. What can I do?

    Answered over 4 years ago.

    1. Howard J. Weintraub
    1 lawyer answer

    Depending upon the nature and severity of the charge contained in the warrant, I am of the opinion that this warrant may show up if you are stopped for a routine traffic violation and the officer runs a computer background check on you. Also, there is the issue whether the State of Texas would extradite you from Georgia to Texas, if you were detained in Georgia on the Texas warrant. Much of this depends on the nature of the offense. For example purposes, if the warrant is for a corporate...

  2. My son who is disabled was caught in macon georgia shoplifting.The item was valued at 80.00.

    Answered over 4 years ago.

    1. Phillip Darrell Kimbrell
    2. Howard J. Weintraub
    2 lawyer answers

    The maximum penalty for the conviction of a misdemeanor offense of shoplifting is jail time of 12 months and payment of a fine of $1,000, plus court costs. You should hire an attorney and have that attorney try to persuade the solicitor to place your son in a pretrial diversion program, with the special condition that upon successful completion of the terms of the program, you will be able to have the arrest expunged from your son's record. If this is agreed to by the prosecutor, the end...

  3. Speeding ticket at the bottom of hill or 42mph in a 25mph zone but the street is actually a 30mph zone. What should I do?

    Answered over 4 years ago.

    1. Howard J. Weintraub
    2. Phillip Darrell Kimbrell
    2 lawyer answers

    My answer assumes that this ticket was issued in Georgia and that you presently have a Georgia driver's license. One method of handling this traffic violation without going to trial would be for you to plead to the offense as it will not result in any points on your driving record inasmuch as the officer wrote the ticket for you exceeding the speed limit by less than 14 miles per hour. See O.C.G.A. Section 40-5-57 (c)(1)(A). Also, based upon my experience, depending upon your driving...

  4. False battery charge

    Answered over 4 years ago.

    1. Phillip Darrell Kimbrell
    2. Howard J. Weintraub
    2 lawyer answers

    Although a victim's wishes will not always be followed by a prosecutor, often a prosecutor will take them into consideration when deciding whether or not to prosecute an offense. However, in domestic violence situations, police officers and prosecutors may be more hesitant to drop the charges as victims in those situations often deny being hurt to protect their significant other. The prosecutor will most likely look at your ex-boyfriend's criminal history before making a determination on...

  5. I attended a magistrate court case with my attorney to plead not guilty on a misdemeanor shoplifting charge.

    Answered over 4 years ago.

    1. Ernest Dewitt Napier III
    2. Howard J. Weintraub
    2 lawyer answers

    You need to speak with your attorney. I feel that it is inappropriate for a lawyer to advise you on your options while this defendant is being represented by counsel. Should you desire an opinion from another attorney, the appropriate procedure would require you to have the defendant's current attorney advise the other attorney that it is permissible for the other attorney to speak with you and to render an opinion regarding your question.

  6. Would it still be considered statutory rape if the act was in a state where the younger person is above the age of consent

    Answered over 4 years ago.

    1. Phillip Darrell Kimbrell
    2. Howard J. Weintraub
    3. Frederick Scott Islieb
    3 lawyer answers

    In answering your question, I am assuming that there will not be any production of pictures, videotapes, etc. and that this will only involve interstate travel by the 21 year old male from Georgia to Minnesota and interstate travel of the 16 year old female from Missouri to Minnesota. You should read Title 18, United States Code, Sections 2421, 2422 and 2423, which are the federal statutes governing the interstate travel and transportation involved in your question. Also, Section 2422(b)...

  7. Why can't the defense give evidence to a grand jury?

    Answered over 4 years ago.

    1. Howard J. Weintraub
    2. Alan James Brinkmeier
    2 lawyer answers

    In answering your question I am assuming that the defendant had a preliminary hearing and the judge found probable cause and bound the case over to superior court. When the district attorney presents your case to the grand jury be advised that it is not the role of the grand jury to determine whether the defendant is innocent or guilty, as that is the function of the trial jury. Rather, the role of the grand jury is to decide whether the State has presented probable cause for bringing the...

  8. I got a dui in savannah ga.

    Answered over 4 years ago.

    1. Elmer H. Young III
    2. Phillip Darrell Kimbrell
    3. Howard J. Weintraub
    4 lawyer answers

    I overlooked in my earlier response to you to state that the other two traffic tickets probably will be merged into the DUI offense, thereby permitting you to have those tickets dismissed. Whether this happens, however, will be up to the discretion of the solicitor handling your prosecution.

  9. I got a dui in savannah ga.

    Answered over 4 years ago.

    1. Elmer H. Young III
    2. Phillip Darrell Kimbrell
    3. Howard J. Weintraub
    4 lawyer answers

    Assuming you were 21 at the time of your arrest and you were a licensed Georgia driver, here is a brief overview of the penalties you may be facing if you are found guilty of having a blood alcohol concentration of 0.08 grams or more at the time of the offense. If this is your first DUI conviction, with no prior DUI convictions within the previous ten years, as measured from the date of the arrest of your last DUI conviction to the date of the arrest of your present DUI offense, this is the...

  10. How much time will a first time offender get for burglary at age 17

    Answered over 4 years ago.

    1. Howard J. Weintraub
    2. Ernest Dewitt Napier III
    3. Frederick Scott Islieb
    4. Jason Lee James
    4 lawyer answers

    If the offender was 17 at the time of the offense, Georgia law deems that person to be an adult. O.C.G.A. Section 15-11-2(A). As to what sentence will be received depends on a multitude of factors: the background of the offender (even though he has not been convicted previously); how has the offender done in school; the facts of the burglary (residential vs. commercial); if the burglary was of a residence were the occupants home at the time; what was the intended crime inside the premises if...

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