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David Bruce Fife

David Fife’s Answers

29 total

  • Arrested for 2 misdemeanors .. what next

    Over the weekend my friend and i got pulled over coming out of a park we had an open container that he was going to give me. Under close inspection the police also found less then an oz of marijuana. I was in the passenger seat and the open contai...

    David’s Answer

    The prosecution is likely going to push forward. You need to hire an attorney to protect you. A good attorney should be able to get your case dismissed.

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  • Call play

    Someone called my friends Probation Officer on him. The PO searched his house and found less than an ounce of marijuana and some guns. Will the call recording be played so we can find out who the informant was.

    David’s Answer

    No, the call won't be played. If the friend were not on probation, an attorney would have a hearing on whether the informant would be revealed which can only occur under limited circumstances. A person on probation, however, will have been subject to certain conditions that usually include searches of home, car and business.

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  • If I miss my court date in Atlanta, which criminalizes traffic offenses, am I automatically found guilty?

    I overslept and missed my court date. I came later an was told to come back tomorrow to reschedule but I'm unclear if that's to deal with the FTA or if I can still deal with the initial traffic citation. Can I still plead not guilty?

    David’s Answer

    For City of Atlanta, you can pay the FTA fee and that will remove the FTA. Then you can take care of your ticket how you want. That is, by paying the fine or by pleading not guilty and contesting the citation. You also need to consider whether you want to stay in the municipal court and have a bench trial or ask for a jury trial to bind it over to the State court. But you really need to consult with an attorney in order to make that strategic decision.

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  • Can an officer be sued for misconduct due to improper evidence handling after a criminal suspect is adjudicated not guilty?

    For this example the arrested individual was taken in without probable cause and the officer in question discovered a quantity of marijuana near the subjects vehicle but not in it or in the subject's possession. Neither the arrested individual or ...

    David’s Answer

    I do civil rights work as well as criminal defense. You cannot sue a cop of mishandling evidence. A civil rights suit is for the government violating a citizen's constitutional rights. So you would sue the police for violating your fourth amendment rights by making a false arrest for example. There may be some things including mishandling evidence that may lead to an illegal arrest, but the cause of action is for violating your fourth amendment rights against illegal seizure. If the arrest was supported by probable cause and the charges just had to be dropped because of the loss of evidence, there is no civil rights violation. Who would be suing in the scenario you have described?

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  • Will possession of marijuana when you are a juvenile count as a second misdemeanor as an adult?

    I got pulled over two days ago an I did not know that there was marijuana in the car. I received a ticket and thankfully did not go to jail. I was wondering if they would use my juvenile record against me since i got caught over 6 years ago (9th g...

    David’s Answer

    The juvenile matter will not be held against you. As a result, with an experienced attorney, you should have several options available to you to keep the marijuana charge off your record now including the drug conditional discharge statute.

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  • Jail after sentencing

    Will the court detain someone and take them to jail the day they are sentenced at arraignment in municipal court for a 30 day sentence or do the report at a later date?

    David’s Answer

    This is something you should have your attorney work out with the solicitor before your court date. You don't want to be asking for it from the judge after the plea has already been tendered. If the judge makes it a practice to allow reporting at a later date, then you should be alright as long as the solicitor makes it part of the negotiated plea.

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  • My fiance was just sentenced to 40 years do 10 for burglary. Will he do 90% on recividist?

    I am just very confused, we were not told anything about the recividist until he was sentenced. He has a prior felony for theft by taking of a motor vehicle and another felony conviction of possession of Meth. He had a public defender that just st...

    David’s Answer

    There is a difference between a judge or prosecutor calling someone a "recidivist" because they have prior felony convictions and someone being sentences "as a recidivist" under the recidivist sentencing statute. If he were to be sentenced under the recidivist statute, notice that recidivist punishment was being sought would have to have been filed by the prosecutor in advance of the plea. But if the defendant had just the two felonies that you mentioned, he would not have been eligible for sentencing under the recidivist sentencing statute. Parole uses a complex grid system which assigns point values to different circumstances. This being the third felony will give him points on the grid system that would increase his time in prison more than someone who had fewer or no past felony convictions (all other things being equal). You should consult with an attorney regarding any reconsideration of the sentence, because there would have to be basis other than you didn't like the sentence such as the sentence exceeding the negotiated plea (that being said, it is not true that he would be sentenced greater if the plea was withdrawn and re-tendered--a judge cannot sentence more harshly in retaliation but the judge can sentence more harshly for a guilty verdict than he did for the guilty plea). It sounds like your fiance tendered a non-negotiated plea, which would not give him protection if the judge sentenced more harshly than your fiance was expecting. Also, your fiancé should be entitled to credit for the time he served assuming that he was not serving other holds or sentences (for example if either of the previous felonies resulted in a revocation of the probation). If he is entitled to the time in jail, he can get an affidavit of custody from the sheriff and submit that to the Department of Corrections to make sure he gets credit for that time.

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  • If I pay my warrant will I still get arrested?

    I had a misdemeanor charge but I stopped going to probation because I was in the hospital. Now there is a warrant out for me.

    David’s Answer

    • Selected as best answer

    If the warrant is already out for you that means that the probation officer has submitted the request for a warrant and had the warrant signed by a judge which means that the probation officer cannot recall the warrant even if any arrears on the probation fine/fees are paid. You should get an attorney right away however so that the attorney can possibly negotiate something for you as soon as possible to reduce or eliminate any time in jail. This is particularly important in your case because upon arrest, you are likely going to be held in jail until a hearing is held or a waiver is signed.

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  • A written statement given to a retailer regarding theif can it be used against you with police

    i was contacted by a retailer regarding some thief. At the time i was selling same stolen item on e-bay. They contacted me and i gave them a written statement addmitting guilt. Can this be used against me with the police/

    David’s Answer

    As long as the statement can be authenticated, it can be admitted at trial or used for other purposes by the prosecution.

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  • I am on probation in Georgia for a crime committed in Florida, whose sexual offender statutes and rules must I follow?

    In georgia I thought I should be allowed to go to any city in georgia, but I could not leave the state without permission from my parole officer according to georgia statute, but my PO states that I am not to leave the county without permission. ...

    David’s Answer

    If the offense in Florida qualifies as a sexual offense under the Georgia Sexual Offender statute, you will have to comply with the Georgia Sex Offender statute. The sex offender statute in Georgia is strict with many conditions on where you can live, work and move so you should get a clear understanding about your obligations and restrictions under the statute. Violations of the Georgia Sex Offender Registry statute can result in new felony charges in Georgia in addition to potential parole or probation revocation.

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