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Kevin Aaron Chastine
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Kevin Chastine’s Answers

165 total


  • Can my wife claimed marital rape without filling any police report or no rape test done in any where state of GA?

    me and my wife are going thru divorce. she went and filed a criminal complaint against me and have me arrested on battery misdemeanor charges. now they move my case to DA's office and trying to make it felony aggravated battery. based on what did ...

    Kevin’s Answer

    The DA can seek an indictment against you if they want, but that doesn't mean they'll be successful. Even if they get an indictment, it may be very difficult for them to prove you guilty beyond a reasonable doubt at trial. Especially in a case like this, where it's her word versus yours, they might have enough to bring charges but not enough to win at trial. You need a lawyer ASAP who can protect you, negotiate with the DA pre-indictment to try and avoid the felony charge, and defend you (and cross examine your wife) at trial if necessary.

    You should call several attorneys and find one you trust, who's within your budget. Just like shopping for any other service, there's a big range of options out there. And the sooner your lawyer can start working on this, the better.

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  • I was pulled over after an accident at gunpoint and cited for DUI and an open container, even though I refused a breath test.

    I was never given a field sobriety test and pulled over immediately, the cop said he thought I was preparing to ditch the car. He said I fit a description in a high crime area of a breaking into an auto crime (I am a black male who owns a BMW)

    Kevin’s Answer

    I'd agree with the other answers here; you need to act quickly to protect your driving privileges, and a good DUI attorney can help to maximize your chances of getting the charges reduced to a non DUI disposition. Call around and find someone you're comfortable with at a reasonable price for their services.

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  • Im on probration

    im on probation for dui this is my first offense im unable to pay my fines because i do not have a job im trying my hardest to find one if i go back in front of the judge hat could happen?

    Kevin’s Answer

    You may be able to convert some of your fines into community service hours, depending on your judge and your jurisdiction. The most important thing is to communicate with your probation officer about your job search, and hopefully they'll work with you on this--assuming they believe what you tell them.

    If the probation officer files for a revocation of your probation, you may need an attorney to help negotiate that situation and avoid jail time.

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  • Does the felony charge of Possession of firearm by a convicted felon have to be presented to the grand jury in Georgia?

    My husband was arrested in December of 2012 but has not been indicted yet and was not on the Grand Jury list for indictments. Court only happens twice yearly in our county. The clerk said an accusations may be entered by the district attorney's of...

    Kevin’s Answer

    The DA has up to 4 years from the incident date to get an indictment against your husband. It sounds like he bonded out, right? That would be a huge problem if he's still in custody. But for now, they can technically sit on it until they're ready to seek an indictment. This obviously puts him in a tough spot, with a case hanging over his head. An attorney may be able to work something out with the DA pre-indictment; it just depends on your county, your prosecutor, and the facts of this individual case.

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  • Simple assault & battery

    My wife lost her temper punched me called the police on herself to tell them what she did and 15 days later Forsyth County came & arrested her and says the judge will see her in 3 days to set a bail bond. I am not pressing charges. This is Forsy...

    Kevin’s Answer

    The short answer is yes, they are allowed to do this. They can charge her with a crime and attempt to prosecute her by using her own statements against her, even without your testimony. However, there are some things we can do to ensure that she gets out of jail and that this doesn't follow her around for the rest of her life. She needs a good attorney to walk her through this process and negotiate with the prosecutor on her behalf. Unfortunately, the public defender has a ton of cases at any given time, so she will get the best representation from a private attorney who will work hard on her case.

    Feel free to call us any time at 404-987-0245 to discuss in further detail at no charge. If you're interested in a payment plan, we can work something out, but the important thing is that she has good representation to make sure that this is handled the right way. Best wishes.

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  • Refused alcohol testing & drivers license was taken. My license is still valid -not suspended yet- Can I get another at the DDS?

    State of Georgia. Incident date: June 8, 2013. Suspected of DUI by an officer, and I did not blow into the alco-sensor nor do a field test. I was arrested. My drivers license was confiscated from me. Valid GA license with No pr...

    Kevin’s Answer

    They will not give you a replacement license, but you do have your driving privileges and can get a state-issued ID card that looks like a license. That combined with the temporary permit issued upon arrest will have to do for now. If you haven't already, you need to send a letter along with $150 to Department of driver services to protect your license. This sounds like a defensible case that could be dropped down to reckless driving, but you need to act quickly. Call around and find a DUI lawyer who you're comfortable with and who fits your budget. Feel free to call me anytime at 404-987-0245 to discuss in more detail at no charge. Best wishes

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  • Took breathalyzer 3 times and told i wasnt doing it correctly. did field sobriety test and was told I refuse to do test corrctly

    never showed me any results, never offered a blood test. Machine the first 2 times didnt give the reading he wanted told me to do a feild test, thought I passed since they had me do another breathalyzer. Then they said I refused to corrctly do the...

    Kevin’s Answer

    If you're talking about the breath test prior to arrest, that is different from the official breath test that would have been administered later, at the station. That portable breath test at the scene is very unreliable, and it does spit out a numerical result, though the officer isn't required to show that to you. As for the field sobriety tests, if you're given confusing instructions, it's impossible for you to perform those evaluations correctly. You definitely need to speak with a DUI lawyer as soon as possible, in order to investigate that issue as well as many other possible issues regarding the stop, the investigation, and the arrest. You also need to act quickly to protect your license, if they've written this up as a refusal case.

    Call us any time at 404-987-0245 to discuss your case in further detail at no charge, and best wishes to you.. It sounds like there could be some good defenses to this case, as it can be difficult for the state to prove your guilt beyond a reasonable doubt without a chemical test showing your BAC.

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  • What are my chances of reduced charges?

    I was arreste and charged with DUI, hit and run, mip, and possession > 1 oz. before I report to court (or even the arraignment) I will have roughly 200 hours of community service, DUI school, group therapy, and a victim impact panel. What should I...

    Kevin’s Answer

    It sounds like you have done a lot of things in advance to help yourself. That will certainly look good with the prosecutor and judge, just make sure you have good representation to present those arguments on your behalf. Unfortunately, they often do not take you that seriously if you are not represented.

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  • I was arrested for a dui at the beginning of may but my licence was not confiscated. my court date is in june . is my license su

    I blew a .101 it was raining. I hydroplaned and went into a ditch

    Kevin’s Answer

    Your license may be suspended, but not necessarily. DDS has an automated number you can call to check. Douglas county is extremely hard on DUIs, so make sure you find a good DUI attorney to represent you. You blew fairly close to the limit, so don't just plead guilty, as you may have a good defense. Feel free to call us any time at 404-987-0245 to discuss your case in more detail at no charge.

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  • Multiple questions about a case dealing with a DUI?

    Currently still waiting on blood work results concernign my DUI. I don't feel comfortable with the lawyer that I have and I feel completely lost on whats going on. The officer did not read me my miranda rights and has falsified information on my i...

    Kevin’s Answer

    You should speak with your lawyer about your specific concerns before talking with any other lawyers. Let him or her address your concerns, and if you're still not satisfied then fire the lawyer and shop around. You definitely want to be comfortable with your attorney, but try to speak with them first. It may or may not help, but at least then you've done your part and your new lawyer won't have any concerns about discussing a case with someone who's already represented.

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