Jeffrey Lloyd Wolff's Answers

Is it possible to requesta pretrial diversion for a 19 year old charged with a misdemeanor drug possesion charge in georgia?

Yes, it is possible but whether this can actually be accomplished is going to depend on many factors including: the diversion program in the given jurisdiction; the defendent's record; the strength of the case; and, a number of other factors. Hire an experienced criminal defense lawyer to assist you with this case.

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Can locked glovebox in car be searched?

Probably not. Search and seizure issues are very fact specific and in order for me or any lawyer to provide a good analysis of your case we would need more facts. Without the consent of the owner or the driver, however, the situation you described sounds like it is probably an illegal search. If someone was arrested as a result of this search I strongly recommend they contact an experienced criminal defense lawyer as soon as possible. I am happy to help. Jeff@jeffwolff.com.

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First tier dui encounters

You have put many different twists in your hypothetical so it is difficult to determine exactly what fact situation you want analyzed for search and seizure purposes. In general if a law enforcement officer comes into contact with a driver during a tier one encounter and smells alcohol that is going to turn into a tier 2 encounter because the officer now has reasonable articulable suspicion to investigate a DUI. In order to arrest for DUI the officer must develop probable cause. During the...

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Violation of probation

You need a lawyer! You have violated your probation and failure to report your new offense is a further violation. You need to weigh the timing and benefits of how and when to handl this with a lawyer familiar with the probation officers, prosecutors, and judges in the area that you are on probation for the first offense. You should take action immediately!

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Can a magistrate judge hand down a 4th ammendment waiver

This is most likely legal but you will want to discuss it with your lawyer. Many bond conditions are allowed because the courts view it as a less intrusive restrant on your liberty than keeping you in jail. You lawyer may be able to get this condition removed, try to do so, or use the fact that you were under this condition to your benefit in other ways.

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If a criminal case against you was 'dead docketed' 8 yrs ago in GA, is the attorney you had for this case still the attorney?

The answer would depend on terms contained in the employment contract. You should try to contact the lawyer and let them know you are dissatisfied and that you want the dead docketed case to be dismissed. If the lawyer has a reason for not making this motion they need to explain this to you. Most lawyers that represented you on the original case would probably still consider themselves your lawyer until the matter is dismissed unless you are satisfied with an indefinite dead docket. In some...

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Do i have to be shown what evidence i was arrested for

You have a right to request discovery for both felony and misdemeanor cases. Discovery works different depending on whether it is a felony or a misdemeanor. In either case you would be entitled to request a scientific report to find out what, if any, drugs were found and what tests were done on these substances to identify them. In most circumstances you would be entitled to view or get copies of any photographs of any substances found and copies of police reports. You may be able to get...

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I transferred probation from Bulloch County to Cobb County. But Bulloch County is still responsible?

No. When you transfer probation then sending county, which is the county of conviction, retains authority in the event of a violation. There are rare exceptions to this but generally speaking what I wrote above is the rule. Just comply fully and after you have completed all of your conditions you should go on none reporting on no more than 2 years for most offenses. Good luck.

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What Law or Statue states that if you do not sign a citation the public servant can arrest you?

You sign the citation in lieu of being arrested and posting bond.

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My son (20) got a DUI and blew 3 times the legal limit. Never been in trouble what will be outcome?

Your son will need a lawyer that specializes in DUI defense to challenge the roadblock and every other aspect of the way evidence was gathered against your son before, during and after his arrest. While his honesty maybe a small positive factor if he is sentenced on this case, generally it is not

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