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Bob Giannini
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Bob Giannini’s Answers

155 total


  • Can you get into a diversion program at a Calendar Call.

    I have a calendar call soon and I just wanted to know if I could get into a diversion program then.

    Bob’s Answer

    That entirely depends on what court your case is in. Some courts (such as Gwinnett Superior) do not even have a diversion program (Gwinnett State does, but not Gwinnett Superior). Also, some judges will have deadlines as to when they will allow a case to be transferred to a diversion program. Speak with your lawyer about this directly.

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  • Does the notice of appeal serve as supersedeas bond in DUI cases? I am on bail, "where the defendant is admitted to bail."

    I am understanding the Georgia requirement for bond on appeal. I plan to call the Georgia Public Defenders Council on tomorrow for assistance with my appeal. I am indigent. O.C.G.A. 5-6-45 (2010) 5-6-45. Operation of notice of appeal as supersed...

    Bob’s Answer

    The short answer is "no." O.C.G.A. sec says:
    "The granting of an appeal bond to a person who has been convicted of any other felony offense or of any misdemeanor offense involving an act of family violence as defined in Code Section 19-13-1, or of any offense delineated as a high and aggravated misdemeanor or of any offense set forth in Code Section 40-6-391, shall be in the discretion of the convicting court."
    40-6-391 is the DUI statute. So, the granting of an appeal bond is discretionary in DUI cases. If it is not granted after a conviction, then there is no supersedeas. But, in your case, if the judge released you on bail, then it sounds like supersedeas was granted. In those cases I always make sure that the order states specifically that supersedeas is granted so that there is no confusion.

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  • How can I contest this speeding ticket? I live in Texas and unable to go to GA for court date of January 12.

    Driving through GA over Thanksgiving holiday returning to Texas, got a speeding ticket - a Super speeding ticket with an extra fine. Don't think I was going as fast as the officer put on the ticket and the 2 extra mph equals super speeder with an ...

    Bob’s Answer

    I don't disagree with the other attorney. But, if you wish to contest it, I suggest that you contact an attorney who practices in that County. Sometimes it is possible for the attorney to negotiate a resolution that will not appear on your record.

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  • Does a judge need to sign off on warrant dismissals to release inmates?

    My wife was booked on a probation violation warrant for not paying restitution. I paid it for her. The probation office said they turned in the paper work to dismiss the warrant but a judge is not available to sign the papers to release her so s...

    Bob’s Answer

    • Selected as best answer

    Only a judge can lift a warrant. If the judge who issued the warrant is not available, it might be possible to get another judge of the same court to lift the warrant. This can possibly be done if the probation officer and the prosecuting attorney are willing to sign a consent order and present it to the judge on duty (if there is one). But, you might just have to wait until the original judge addresses the issue.

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  • Is the State Court DUI conviction appealed to the court of appeals or to the superior court? Do I need a supersedeas bond?

    I am appealing a DUI conviction that occurred in the State Court of Georgia.

    Bob’s Answer

    State Court DUI convictions are appealed to the Court of Appeals, unless you are raising a purely constitutional issue, in which it would be appealed to the Georgia Supreme Court. State Court cases are not appealed to the Superior Court, despite one of the other answers.

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  • How do I know if I have warrants issued on my name and also case status.

    Hi, I was in United States for a couple of years during 2006-2009 and moved back to my home country. I had credit cards which were misused and as I was not present in US I did not have the opportunity to discuss the issue and get things s...

    Bob’s Answer

    I suggest that you hire an attorney in the county in which you believe you have warrants pending.

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  • We were told the charges would be reduced to just filing a false police report since the victim never "lost" the money. Wat2do?

    My 23 yr old grandson has been helping take care of his mom for over 2 years while she was sick and going through a brutal divorce. She had take a 2nd job against dr.’s orders. She came home every night barely able to walk from being in pain. M...

    Bob’s Answer

    I agree with Mr. Yeargan. Address your concerns directly to the attorney handling the case. If ultimately you are still worried, then you could contact an attorney in that county and schedule a consultation for yourself to gather a 2nd opinion. Because you are not actually the client, there is nothing that stops you from speaking with other attorneys. I would like to point out that many times people do not know how much effort we have to put into negotiations outside of the courtroom. Most of our work happens outside of the courtroom.

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  • Best federal criminal defense attorney in Georgia

    If you had to retain the best federal criminal defense attorney in Georgia, who would you call?

    Bob’s Answer

    Frankly, I would call some other attorneys and ask them this question directly.

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  • Does the Gwinnett county offer pre-trial diversion program to felony charges?

    On their website I only saw that the solicitor's office offers this option. For felony charges does it depend on the DA's discretion (e.g. non-violent and/or first-time) or is it a strict no?

    Bob’s Answer

    The Gwinnett District Attorney's office is one of the very few prosecutorial offices in the Metro area that still does not offer pre-trial diversion in any cases at all. The closest thing they have is Drug Court, which will allow defendants in some cases to earn a dismissal of drug possession charges. As a defense attorney this means that we sometimes get the luxury of some (comparatively) easy wins at trial because the ADA's are put in a position of having to try cases that would surely go to PTD in other counties.

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  • My second DUI case is assigned to Judge Patricia Muise of Gwinnett County recorder's court for bench trial.

    Anybody have any idea about how Judge Muise handle these kind of case?

    Bob’s Answer

    I agree with all of the answers. She is very good judge and fair. But, the prosecuting attorneys for that court are also very good. If you handle the case yourself, do not complain about how it goes. You should speak to an experienced DUI lawyer who practices regularly in Gwinnett Recorders Court.

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