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Roger C. Wilson

Roger Wilson’s Answers

63 total


  • Federal indictments how long can the investigation last.

    Ok I been investigated since 2011 for a federal crime. Three indictments have taken place for this crime which resulted in a total of 54 people being arrested. It has been a year and 3 months since the last indictment. How long can this go on. Why...

    Roger’s Answer

    The glass may be half-full, instead of half-empty. It's a good thing you've not been indicted, of course, especially if others have in the case, even if the investigation continues.

    There can be many reasons why you have not been indicted. E.g.,most obviously, that the prosecutors are not convinced you are guilty of a crime, or that they would have sufficient admissible evidence to convict you at trial; or that they do not view what they may think you have done as being sufficiently important to justify the necessary expenditure of resources to add you to the case; or some other reason. By now it may be that the prosecutors think too much time has passed since whatever relevant conduct by you, and that a prosecution of you now would be barred by the statute of limitations.

    If in fact you are nearing such a point in time, it might be wise to leave well enough alone. But it is hard for me to say, not knowing anything about your situation. This issue too is an important one for you to try to figure out; especially because it may instead just be that the prosecutors have just not yet gotten around to charging you. You do not want to miss a chance to dissuade them from that if it is possible to.

    As for the possible length of a federal criminal investigation, it can go on for a long time--for five years or longer from any relevant conduct by you or others involved.

    It sounds like you are wondering what you might need to do to affect the process. Again, one possible answer is, nothing.--to let seeping dogs lie. Especially if you are nearing a possible end of the statute of limitations period for you, maybe you do not want to cast yourself more prominently onto the prosecutor's radar screen that you might otherwise be by now. Again, I don't know. I do, though, think you need the direct involvement of a lawyer to let you know even if this is the case. Otherwise, you are just guessing, and you may thus miss a chance to actually increase your chances of being left out of the case.

    When a potential defendant (a "target") ) does get involved during an investigation (and this should only ever be done solely through an attorney; NEVER by the target himself) the usual goal is to persuade the prosecutor not to indict the target. This typically involves various interactions, including meetings, between the prosecutor and the lawyer representing the target. It is not unusual to be able to persuade a prosecutor not to indict in the right case if the lawyer is able to become involved early enough in the process.

    A second goal may be to obtain some objective, advance assurance from the prosecutor that he will not indict. This can be more difficult. Usually at least an oral indication can be obtained that no charges will be brought (perhaps that the matter with be removed from the agenda of the grand jury) if the prosecutor can be persuaded to so refrain. But obtaining a formal, written undertaking by the prosecutor to not indict or charge or otherwise pursue the target is much more rare. Certainly it is in my direct experiences handling these types of situations for clients in federal and state matters here in Georgia.

    Again, it is impossible to give more specific opinions here on the best course for you, because I lack any information about your situation. If you want to find out whether anything can and should be done to help your position in connection with this investigation (and I strongly think you should) then you should consult a lawyer directly now--preferably one with experience in handling criminal cases in this context, and especially with experience in doing so here in Georgia, and metro Atlanta (assuming this is where your situation is).

    One thing that is certain is that generally it is MUCH more difficult to persuade a prosecutor to let charges go once they have been brought against a target than it is to dissuade the prosecutor from bringing those charges in the first place.

    Good luck to you.

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  • What do I do?

    Wife took children across the country, divorced me, I never saw paper work just notified by mail. Takes sixty percent of every paycheck. She has good job, a home, a car, a new husband( well payed )collects child support from another X husbands chi...

    Roger’s Answer

    You need to sit down and talk face-to-face with an experienced divorce/family lawyer. Based on your description of your situation, you should be able to improve it in various of the respects you mention here. But you need to take the first step of contacting and speaking with a lawyer directly now, preferably in person. I am sure you could find ones amongst us here on AVVO who would give you at last a modest initial consultation without charge. I think you can obtain valuable relief and improve your life in connection with all this. Contact one of us here and get started. Good luck to you.

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  • What do you suggest I do?

    I was driving a friends truck as I went to get off the heavily congested interstate the trucks front tire made contact with a car that I did not see the driver understandingly was very upset but I could not stop on the interstate when I got off th...

    Roger’s Answer

    You should talk with a criminal defense lawyer immediately. DO NOT talk to the detective or anyone else. Only communicate with the lawyer--to anyone else only by the lawyer. That it was not your truck does not matter. But depending upon what the facts are, you might have not committed any crime or infraction. Consult a criminal defense lawyer immediately. You should easily be able to find one on this site whom you can talk with and try to get this taken care of. Good luck to you.

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  • Can I be found guilty of stealing if I wasn't caught with any merchandise but my friend was ?

    I went into walmart with a friend I went to check out my items and paid for them. As we walked to the front of the store two guys stop my friend and told her to remove the stuff out her purse(I had no idea), they told me I had to come with her be...

    Roger’s Answer

    I assume you were charged with shoplifting also? If that is the charge, then, based on your description, I think you should have a very good chance of getting the charges dropped, and if not, of getting the case dismissed by a judge or being found not guilty by a jury. But you need to retain a lawyer immediately to have much of if any chance of accomplishing any of these. Good luck to you.

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  • Son was arrested with 3 others for drugs found in car. College kids driving thru Georgia to one of the parents house. Son had

    none of the drugs in my his luggage and he didn't have knowledge of them, nor was he involved in buying them but he is charged with the same 4 felonies as the others. I don't understand how they were all charged with the same crime. The police ...

    Roger’s Answer

    The burden of proof is that the State must prove beyond a reasonable doubt that the drugs were in the possession of your son (including, in his luggage). If they cannot prove that, then he should be found not guilty at any trial. Having said that, there is usually at least some risk in any trial, even for the party in whose favor the verdict should be. While I understand what you say about the circumstances of the stop, it is important what was seen, perceived, what is recorded and remembered, by the arresting officer; also, what is said by your son's fellow passengers. When circumstances cast multiple people as candidates for a singe charge, sometimes some of those people say and do strange things! And it is hardly unusual (in fact it is usual) for the cops in such a situation as this to charge everyone, and at least to some extent let the defendants decide whom the drugs belonged to On the facts that you provide, I should hope that a lawyer would be able to talk with the prosecutor and obtain a dismissal of the charges against your son. I have succeeded in this on multiple occasions. I think it will be the unusual prosecutor who will be determined to press charges to trail in a situation like this, after the circumstances are properly presented to him or her., though there are some unusual prosecutors out there. From your description, I think your son should have good prospects of escaping the charges altogether. I urge you or him to contact a lawyer immediately and get started on the process of talking with the prosecutor. I think you want to get into the prosecutor's office, via your lawyer, as early as possible, and as far as possible ahead of your son's co-defendants.

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  • Can I plea nolo on felony forgery 1 charge? I have never been in trouble before. Not even a speeding ticket. It is a BS charge

    I am terrified. I spent 3 days in county jail for this and now I have to go to court. I have a good job and have turned my life around. I am 51 years old. help me

    Roger’s Answer

    Yes, it is possible that you could get a nolo plea. But I agree with Mr. Pines: Why not first see if you could get rid of the charge entirely? Talk to a lawyer directly about this. There may be good opportunities for making the case go away completely. I understand your fear, but a lawyer can help you. You should not rush into a plea, especially not on your own.

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  • What will happen to me I got arrested for a dui, illegal u-turn, and i am also on Gwenette felony probation.

    I am on a first offender probation with 4 years left. I made a U turn and I did not know that it was illegal, so a Georgia State Patrol pull me over. He made me do all of the test and I pass all of the test. I even blew into the breathalyzer 3 tim...

    Roger’s Answer

    This may cause your probation to be revoked, and thus you to have a felony conviction in the first case, with whatever punishment that will bring. You need to contact a lawyer directly, immediately, amd get on both of these matters without any delay. It may be that you have good defenses on the DUI charge, and that by attacking that case you can save your probatiin too. But delay in dealing with this new charge will only hurt your chances of rescuing the probation. Contact a lawyer about this immediately. Good luck to you.

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  • My boyfriend deposit a fake check of $60k into our joint account and withdraw the $60k and now I own $60K?

    I just found out that it was fake yesterday. Both of our name is on the joint account and now I am negative $60k...my bank wants me to pay it back.

    Roger’s Answer

    Mr. Riddle is absolutely correct. Along with and even more important than the issue of possible repayment obligations to your bank, you now have the very real possibility of a criminal prosecution relating to this matter. You do indeed very much need to speak with a criminal defense lawyer about this. The earlier these things can ne addressed by a lawyer for you, the better the chance that criminal problems can be resolved, or avoided altogether. You really should contact and consult directly with a criminal defense lawyer about this immediately.

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  • Charged for furnishing alcohol to a minor at initial arraignment, now charged for underage drinking at my arraignment coming up

    Also, can I be charged if I alerted the cops myself in accordance to a friend who needed medical assistance.. I'm 20 years old

    Roger’s Answer

    Yes, you can be charged. Though you may have other defenses to them, it is not a defense to these charges that you made the contact with the police that ultimately led to the charges being brought.

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  • How can I go about trying to pay off bad checks that were written threw my old banking account?

    I am a mother of two children with no family help. In october 2013, I got into a bad car accident with my children in the vehicle. I later lost my job a few days later after being off. I have a swollen disk in my back and dont qualify for most job...

    Roger’s Answer

    As Mr. Yeargan says, hopefully if no criminal charges have been brought against you by now, none will be. But yes, if you want to repay some of the merchants when you can, then do so, but by all means do so with proper funds, so that you don't wind up with yet more insufficient-funds incidents potentially to contend with. And while of course I admire your efforts to care for your children in apparently difficult circumstances, do avoid slipping into this problem any more times--hopefully by taking advantage of public assistance resources that surely are available to you in the Savannah area. Best wishes to you.

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