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Leonard L. Franco

Leonard Franco’s Answers

6 total

  • Cert. of sarvice is filed with the filing of court papers or when giving to the police.

    need to file court papers . do i file the cert. of service then or after i take it to the police so they can searve my wife.

    Leonard’s Answer

    If you plan on serving your wife with divorce papers. You will need to go the Superior Court in the county your wife lives in, fill out the necessary paperwork (Complaint for Divorce, Domestic Information Form, Summons, and Sheriff's Entry). Once the court costs are paid and the Complaint has been filed, the Sheriff's Department with serve your Wife. You do not need a Certificate of Service.

    You should speak with an attorney first.

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  • I was pulled over for speeding in Dahlonega, GA last week on highway 19. The officer said I was driving 104 in a 55.

    I received a speeding ticket as well as a ticket for reckless driving. He wrote that there was heavy traffic, yet I was the only car. I am 18 and I have a clean record. Is there any way I wil be able to retain my license and avoid these tickets fr...

    Leonard’s Answer

    It is likely that an attorney can negotiate with the DA for you to be charges with a lesser chare. The reckless driving is a four point violation and any offense which is 4 points or more will cost you your license. The DA usually will reduce the charge if you complete a defensive driving course before negotiating with him.

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  • My daughter has been sitting in the Cobb County for 2 years she was senteneced to 2 years. NO time served granted by judge.

    My daughter was originally sentenced to 5 years probation. She violated in 2008 server one year. She again violated in 2010 was sentenced in Cobb County probation prison in southern GA. She was beat up by the guards there and was transferred to Al...

    Leonard’s Answer

    If it has been less than 30 days since her sentencing you could hire a lawyer to file a motion for reconsideration. If you feel that her previous attorney was deficient you can file a habeas for ineffective assistance of counsel. You may also petition the Board of Pardons and Paroles for an early release based on the grounds that you stated.

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  • How does a 851 work in a crimina case?

    how much time do they have to put in a 851? how does it work? just need some info

    Leonard’s Answer

    An 851 inhancement increases a mandatory minimum sentence and the maximum sentece by doubling it.

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  • Can I reduce a Federal Felony to a misdemeanor?

    Probation was over in October 2008. Case ended in August 2005. Charges: 1. Bank fraud 2. Aiding and Abating.

    Leonard’s Answer

    All things are negotiable while the case is pending. It is dificult to get the AUSA to go along with such a reduction but if the case is weak or there are other issues for the Government it can be done. Also keep in mind that there are very few Federal misdemeanor statutes.

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  • Can a federal charge be expunge?

    I served 66 months and 5 years probation and successfully completed the federal program. I have my voting rights back. Can a federal conviction be expunge?

    Leonard’s Answer

    • Selected as best answer

    There is no provision to expunge a conviction by a Federal court. The only remedy is a presidential pardon which obviously is very dificult to obtain. If a case is dismissed for a constitutional reason or lack of probable cause then there is a right in the 11th circuit formerly the 5th Circuit allowing for expungement of an illegal or unfounded prosecution. See United States v. McLeod, 385F2d 734. 749-50 (5th Cir.1976). The District Court can excecute such an order. See also Abdullah Amin Sadiqq v. Bramlett, 559F. Supp 362 (N>D> Ga. 1983)

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