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Tracey Dawn Gibson

Tracey Gibson’s Answers

7 total

  • Is there such a motion as a indict or release motion that will force the state to indict. i have been ready for trial.

    i have been awaiting a grand jury indictment for two years on charges i know the state does not have enough evidence to win on and is thus dragging their feet. is there an indict or release motion that i could file.

    Tracey’s Answer

    There is such a motion, however, it may be better for you to lay low and let the statatutory speedy trial time pass or the statute of limitations period pass. You case can be dismissed without fear of you being tried and convicted (it is always a risk with any jury). You need a good attorney to assess the risks and the benefits to filing such a motion. It is a good thing to be unindicted and you may not want to rock the boat. An attornay may be able to present a good case to the State to support a dismissal, so you should hire one to speak on your behalf.

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  • I have 4 counts of residential burglary and 1 count of theft by taking. ive got a record but no felonies, am i going to prison?

    house had video of us taking stuff outta the house, 75,000 worth of stuff, am i going to prison and for how long, the video is good i cant beat it,

    Tracey’s Answer

    You are facing up to 20 years on each count of burglary and 10 years for theft by taking. So the maximum you would be facing total is 90 years. You will not get that amount of time with no felony record, however, you are facing prison time or substantial probation. A good criminal defense attorney can help provide facts in mitigation of the crime to the State, so you need to hire one immediately. Regardless of the video, a good attorney can save you from prison time completely or cut it down to the minumum.

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  • My child has lived with me for over a year and I still pay child support. Custodial parent never sees him. What steps to take?

    Got divorced in 2007 and ex wife has primary custody and I pay her child support every month. However my son (now 11) has been living with me for a year and a half. We made a notarized agreement when he came to live with me that we were doing this...

    Tracey’s Answer

    You need to file for a modification or change of custody. Due to the fact that she does not visit with the child frequently, it is inappropriate for you to be paying child support and you may be able to get a judge to order that she return the overpayment amount to you and start paying you child support. I would file for a change of custody immediately and ask for the termination of child support irmmediately. Document the dates that she had visitation and get a good attorney!! With the extra money you have paid her, she can afford to fight you. But you have the child with you, she has not excercised her visitation in any meaningful way and she has failed to support the child since the custody switch, so that is half the battle...

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  • Does a Child Support Modification and Contempt of Court have to filled in the county where the divorce was initially granted?

    I was divorced in Henry County and I currently live in Cobb County. My ex spouse lives out of state. I am seeking a child support modification and possible contempt of court. Is it required that the actions take place in Henry County, where the...

    Tracey’s Answer

    Generally, in Georgia, the modification needs to be filed in the county where the children reside... For contempt, you can file where the divorce action took place... You may or may not be able to file the contempt under the same case. It depends on what the Clerk's guidelines and procedures, but you probably will have two separate cases going. You need to get the advice of a good family law attorney.

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  • I need the best of the best aggressive criminal and family attorney who will win. my girls well-being count on it. please help m

    my criminal case goes to trail in two weeks. I'm charged with reckless conduct and battery-misd for defending myself and child. pictures in evidence are very bad but very misleading. if i don't win this case i don't think i stand a chance of wini...

    Tracey’s Answer

    You are correct that you do need a good criminal and family law attorney. The criminal issue seems to be intertwined with your domestic issues, but being alienated from your child is crazy!! I would love to have the chance to speak with you about both of your cases, as as specialize in both types of cases, espacially criminal. I am in court in the morning, but I should be available in the afternoon if you have time to give me the rundown... Tracey D. Gibson (404-781-8867)

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  • I was arrested on 5 charges bonded out on 5 the then the da indicted me on 6 charges, all evidence obbbtained through warrantles

    search of my home is this legal in georgia

    Tracey’s Answer

    • Selected as best answer

    You really have to give more detail regarding the particulars of your case... Yes, the DA can indict you on more charges or different charges than the original warrants covered. The Search warrant, or lack thereof, issue is very complicated and you should talk to an attorney. Here are some questions that I would ask: For what crime were your arrested? How did the police enter your home? Did anyone give consent to the officers to enter / search the home? Are you on probation or parole? Was there an open and obvious crime being committed, i.e. a domestic dispute, drugs out in the open, etc.? Did they enter and then leave to get a search warrant? Did you have a preliminary hearing?
    Especially for any felony case (I truly believe any criminal case where jail time is a real possibility), you should be represented by an attorney. The State has their ADA ready to contest any allegation you can bring up, they know the law and private individuals just cannot compete. If you believe that you have issues with a warrantless search, make sure you get a good criminal defense attorney, who is well-versed in the law and who is not afraid of a good fight. You are probably facing a minimum of 60 years, so it is important to not play around and get good representation early in the process.

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  • My ex husband and i have split joint custody of our 2 children him of my daughter and me my son. He was recently arrested for

    felony drug charges. while my daughter was in his care. how do i go about get physical custody of her back? Ive been told that i can have the Police escort me there and i can get her that way. Hes also looking at some serious prison time for viola...

    Tracey’s Answer

    If he has primary custody, I would contact an attorney and file for an immediate emergency change of custody on both kids to sole physical and legal custody being with you. If it is a true joint custody situation and he is in jail and unable to care for her, you can take your settlement agreement and final judgment and decree from your divorce and call for a domestic escort from the Sheriff's Office or Police. You need to be careful and have your documents lined up proving your custody rights and his arrest / incarceration / inability to care for your child. I would advise to file for a change of custody for both children under any circumstance. Do it immediately while he is in jail or under pending charges. If your ex is going to go to prison for either the new charges or a felony VOP, you may as well make your position as best custodian final as early as you can. It sounds like it will be in both kids' best interests for long term stability. During the pendency of his new drug case, you may also want to restrict his visitation on both children to being supervised and ask for regular drug testing. Good luck!!

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