Howard J. Weintraub’s Answers

Howard J. Weintraub

Atlanta DUI / DWI Attorney.

Contributor Level 9
  1. I'm considering taking First Offender for a cocaine possession, but am a licensed real estate agent. Can I avoid the following?

    Answered almost 4 years ago.

    1. Howard J. Weintraub
    2. Matthew Eric Purcell
    3. Christine C McCall
    3 lawyer answers

    In my opinion, the question clearly requires you to answer YES.

  2. Can someone who is mentally unstable, and charged with attempt to armed robbery get off without serving prison time?

    Answered almost 4 years ago.

    1. Howard J. Weintraub
    1 lawyer answer

    In my opinion, if your mother has a genuine, documented history of such delusional behavior, and psychological testing can confirm the existence of this psychotic behavior, and depending upon several other factors, such as your mother's criminal history, and whether her story is supported by the individuals in the bank, her attorney stands a strong chance of being successful in persuadfing the prosecutor to forego prosecuting your mother for this criminal act.

  3. My son is 17 he was charged with MUI can he ask for a pretrail diversion without an attorney representing him?

    Answered almost 4 years ago.

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

    It is inherently unfair for the disposition of your case to be dependent upon whether you have hired an attorney. Who informed you that you needed to hire an attorney in order for your son to participate in the pretrial diversion program? You should speak with the appropriate official from the solicitor's office who handles pretrial diversion and, in my opinion, they will allow your son to obtain pretrial diversion if he qualifies for the program, even if you do not hire an attorney.

  4. Is there anyway I can find a wrong way ticket?

    Answered almost 4 years ago.

    1. Howard J. Weintraub
    1 lawyer answer

    This answer assumes you have a Georgia license. If a plea of nolo contendere is available for you, ask the solicitor to permit you to enter such a plea which will result in this matter being disposed of with no points assessed on your driving record. Alternatively, see if the solicitor will reduce the charge to driving too fast for conditions, which also will result in no imposition of points.

  5. What would be the charges/penalties for a misdemeanor theft by taking that amounted to $52 for services rendered? what to expect

    Answered almost 4 years ago.

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

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

  6. My ticket was suppose to paid by sept 14 but didn't get paid til today, canceling bench warrant. is my license suspended.

    Answered almost 4 years ago.

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

    This answer assumes that you had a Georgia driver's license at the time of your traffic violation. There is a strong likelihood that, if you failed to appear in court to answer the traffic ticket and a bench warrant was issued for your arrest, your Georgia driver's license has been suspended. You need to inquire with the Department of Driver Services to determine whether your license has in fact been suspended. If so, you need to have the Court's case manager enter a document stating...

  7. Do i ple guilty or not guilty?

    Answered almost 4 years ago.

    1. Phillip Darrell Kimbrell
    2. Howard J. Weintraub
    3. Carl S Back
    3 lawyer answers

    If you were formally arrested do not plead guilty without first attempting to have your case disposed of by you entering a pretrial diversion program with the condition that upon successful completion of the program you can have the shoplifting arrest expunged from your record.

  8. Probation violation for positive drug screening what is the consequences?

    Answered almost 4 years ago.

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

    Yes, you should definitely obtain the services of an attorney. Because your probation required you to remain free of any future criminal activity, including the use of illegal drugs, you are now facing the prospect of having your probation revoked and being incarcerated for some period of time, up to the time remaining on your probation.

  9. I have been charged with a felony on 1st degree forgery and i want to know whats my chances at 1st offenders act

    Answered almost 4 years ago.

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

    Depending upon the circumstances of your case, your attorney should explore the possibility of a plea under the First Offender Act. Of course this assumes that there is no viable defense to the charge of forgery and that a plea would be in your best interest. The benefit of such a plea is that you are not adjudicated guilty and, upon successful completion of the sentence, you will not have a conviction posted on your criminal record. However, make sure your attorney clearly explains to you...

  10. What are the options to fighting a DUI after refusing the breathe analyzer? and you have already had 1 previously 4 years prior

    Answered almost 4 years ago.

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

    I think it is inappropriate for a lawyer to advise you on your options while you are being represented by counsel. Should you desire an opinion from another attorney, the appropriate procedure would require you to have your current attorney advise the other attorney that it is permissible for the other attorney to speak with you and render an opinion regarding your questions.

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