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Matthew Wayne Kilgo

Matthew Kilgo’s Answers

21 total

  • CAN I GET THIS CHARGE TAKING OFF MY RECORD AFTER I HAVE COMPLETED ALL OF MY COMMUNITY SERVICE...

    I RECENTLY HAD A MARIJUANA UNDER AN OUNCE DROPPED TO A DISORDERLY CONDUCT, IDK IF I COULD GET IT TAKING OFF MY RECORD, WHAT DO I NEED TO DO TO GET IT TAKING OFF... I HAD AN INTERVIEW AND THEY SAID THEY SAW THIS ON MY RECORD EVEN THO MY LAWYER TOLD...

    Matthew’s Answer

    You need to talk with your lawyer. Fact is, if you were arrested, a record will always exist: sounds like the company you interviewed with pulled your record of arrest. Typically you can only get a charge expunged if its dismissed or you complete some type of pretrial diversion. Entering a plea, even to a municipal ordinance, keeps Lu from getting an expungement. Bottom line: your lawyer has more work to do.

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  • If found guilty of DUI and placed on probation, what would happen if I test positive for drugs.

    If I am found guilty of DUI and placed on probation, what happens if I show positive for marijuana, if I smoked before being arrested, but not smoking after being arrested or put on probation? It is my understanding that marijuana stays in your sy...

    Matthew’s Answer

    Consult with a GEORGIA lawyer. Only a local attorney will know your judge and the proper answer to the issues you are facing.

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  • I have just violated my misdemeanor (DUI) probation for a second time. What should I do?

    I violated my probation for the first time by driving on a suspended license. I reported it to my PO as I was supposed to, and he had me arrested. I spent 3 weeks in jail before I had a probation violation hearing, and the judge let me go with cre...

    Matthew’s Answer

    You need a lawyer. Sounds as if your judge takes probation violations seriously: three weeks for a traffic citation is no laughing matter. If that's any indication how severely he/she deals with revocations, you could be looking at significant time based on the new allegation of untruthfulness AND it being your second violation.

    Part of the problem is how you are calendared after being arrested. You need to find a lawyer familiar with the jurisdiction, the probation officer, and the judge: it's been my experience that when I have experience with the players I've been able to obtain a consent order on revocation that could significantly cut down the wait. Long story short: get a lawyer. The judge could revoke whatever time is remaining since it's your second.

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  • If I am planning on pleading guilty for a DUI, should I worry about the Admin hearing?

    I spoke with our family attorney today who said my case is not looking favorable. I got pulled over for failure to maintain lanes (I was looking for my purse in the floor) and refused all testing except the field sobriety, even though I had not dr...

    Matthew’s Answer

    Marny is absolutely right. You have the ability to negotiate with the officer who arrested you at the administrative hearing: if you can convince him to withdraw that suspension (or sign an agreement that you are willing to enter a plea to a DUI) you will be able to obtain a limited permit for any plea or subsequent conviction to DUI. You can't get a limited permit with a refusal suspension, so it's in your best interests to speak with an EXPERIENCED DUI ATTORNEY. Your family attorney may not be familiar with this field of practice; you owe it to yourself to at least speak with a knowledgeable source. I agree with Mr. Young: talk to Allen Trapp. He's the best in West Georgia, and I know that from knowing his professional reputation and seeing his work. . . .

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  • I am on 12 month probation for simple battery. and 3 months in i got arrested for DUI/speeding ticket 29 over.

    The DUI violates my probation and the speeding over 20 will add to it. do you have any info on what punishment i should expect. i just got married and moved my family to GA but wife doesnt have a job so we are trying to see if she should move back...

    Matthew’s Answer

    Probation is like a ticking clock, counting down for you from 12 months. The judge has 9 months to play with in determining what to do: revoke the balance and make you serve it, allow you to continue on probation without penalty, and anything in between. There are lots of factors to consider, as well: who your judge and probation officer are, what special conditions the judge imposed upon you at time of sentencing (was no alcohol a condition?), whether your probation officer even knows about the violation. Only a lawyer can help you to examine those factors, AND help you deal with your probation officer. Contact one from avvo in that jurisdiction and see if he/she can help, most give free consultations.

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  • How long will i have to stay in jail if i don't want to take the probation

    I don't wan to be on probation for my first dui charge in ga. so how long could i got to jail for instead of taking probation

    Matthew’s Answer

    I'm reading this question as if your case is still pending. If so, you should know that the law REQUIRES a 12-month sentence for a plea or conviction, and that time is either in jail or on probation. That means if you've pled guilty or plan to, your choices are limited. I agree with Richard: contact an experienced DUI attorney and discuss your options. Your case may be a fightable case; if it is, prepare with legal representation.

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  • How long will i have to stay in jail if i don't want to take the probation

    I don't wan to be on probation for my first dui charge in ga. so how long could i got to jail for instead of taking probation

    Matthew’s Answer

    I'm reading this question as if your case is still pending. If so, you should know that the law REQUIRES a 12-month sentence for a plea or conviction, and that time is either in jail or on probation. That means if you've pled guilty or plan to, your choices are limited. I agree with Richard: contact an experienced DUI attorney and discuss your options. Your case may be a fightable case; if it is, prepare with legal representation.

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  • I received a DUI in atlanta and my license was taken do I need to file the letter to prevent my license for suspension?

    My attorney said no unless I was issued a 1205 from Atl Police.

    Matthew’s Answer

    Questions like this should only be answered by your attorney. Speak with him/her and address your concerns.

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  • 4TH dui

    I recieved my 4th DUI 13 years AFTER I recieved my 3rd DUI in GA. What am I looking to recieve in court? Will I recieve jail time & how much? It took place in Clayton county. What will happen to me in court? Will it be considered my 1st as far as ...

    Matthew’s Answer

    If the DUI you received was in Clayton County, Georgia, the previous post by a Florida attorney is INCORRECT. This is a misdemeanor, meaning the maximum fine is $1000, and while the maximum jail penalty for a misdemeanor is one year, the minimum for a first DUI in ten years is 24 hours. This CAN be treated as a first offense in ten years, subject to those minimums, but it depends on what the prosecutor and your attorney negotiate and what the judge will accept. Many judges in Clayton County will sentence more strongly with priors, but you need to consult with an attorney licensed in GEORGIA and familiar with Georgia law to understand what's ahead.

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  • 2nd DUI within a little over a week, jail time?

    My husband just got a 2nd DUI in Gwinnett County almost over a week from the 1st one. He has bail set. But I'm not going to bail him out. I was just wondering how long will he stay there until they decide to release him? I know if you have your 1s...

    Matthew’s Answer

    I agree with Mr. Rhoades that your husband may have a serious problem, but DUI court may not be the answer to his problems. It's typically a minimum 15 month program, and in my opinion often sets individuals up to fail with unreasonable demands and expectations. What IS clear is that your husband should seek experienced DUI counsel IMMEDIATELY: make sure you find an attorney who will thoroughly investigate the facts of both cases, as you can be sure the prosecutor will attempt to use both DUIs to aggravate punishment in each individual case.

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