Leonard L. Franco’s Answers

Leonard L. Franco

Atlanta Criminal Defense Attorney.

Contributor Level 3
  1. Can I reduce a Federal Felony to a misdemeanor?

    Answered over 1 year ago.

    1. Joshua Sabert Lowther
    2. Joseph A Lo Piccolo
    3. Mark P. Maciolek
    4. Leonard L. Franco
    4 lawyer answers

    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.

    7 lawyers agreed with this answer

  2. Can a federal charge be expunge?

    Answered over 1 year ago.

    1. Joshua Sabert Lowther
    2. Leonard L. Franco
    3. Joshua Sachs
    4. John Leif Fossum
    5. Stephen L. Richards
    5 lawyer answers

    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...

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

    Answered over 1 year ago.

    1. Leonard L. Franco
    2. Glen Edward Ashman
    3. Beau Andrew Worthington
    4. Charles Vincent Crowe IV
    5. Steven P. Shewmaker
    6. ···
    6 lawyer answers

    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.

    1 lawyer agreed with this answer

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

    Answered over 1 year ago.

    1. Leonard L. Franco
    2. Benjamin David Goldberg
    3. Darrell Brinnett Reynolds Sr.
    3 lawyer answers

    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.

    1 lawyer agreed with this answer

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

    Answered over 1 year ago.

    1. Allen Rust Knox
    2. Peter Phillip Gross
    3. Leonard L. Franco
    3 lawyer answers

    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.

  6. How does a 851 work in a crimina case?

    Answered over 1 year ago.

    1. Robert David Richman
    2. Mark P. Maciolek
    3. Joshua Sabert Lowther
    4. Leonard L. Franco
    4 lawyer answers

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