Robert Douglas Lenhardt's Answers

Can I have my record expunged or sealed in Georgia?

This is a very common question asked of criminal defense attorneys. Because you stated that you received probation, I must assume you were either convicted, pled guilty, or pled nolo. As such, you are not eligible for expungement. Expungement of arrest records are covered in O.C.G.A. Section 35-3-37. A defendant is entitled to an expungement if he or she was: (d)(1)(A) Arrested for an offense under the laws of this state but subsequent to such arrest is released by the arresting...

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What is the statue of limitation on aggravated child molestation and rape?

Refer to O.C.G.A. Section 17-3-1(c) and 17-3-2.1, below: If the victim was under the age of 18, prosecution must commence withing 7 years of the alleged offense. If the victim was under 16, prosecution must commence within 7 years of the victim turning 16 or 7 years from when it was reported to law enforcement, whichever was earlier. Because the case was "no billed" by the grand jury, it is less that the State will pursue the charges. However, if new evidence is obtained, the DA may present...

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Can I sue for rent and security deposit if i did not move because repairs were not complete?

There are definitely some strange things going on here. You put down a security deposit and paid rent but did not sign a lease? This seems very odd. I assume that you never took possession of the property, correct? Am I also correct in assuming that you did not take possession because the landlord did not make the repairs that he/she did not make repairs as promised? If all of this is correct, then yes, you can sue for both rent and security deposit. Not only that, but if a landlord does...

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Need help for aggravated assault and robbery charge

Jenna, You need to find an experienced criminal defense attorney ASAP. Avvo is an excellent resource in finding an attorney. However, the q&a section will not help you. I assume he is in jail with no bond and a probation hold. You need to find several reputable attorneys here, and you and his family need to make appointments and hire a reputable attorney you trust and is experienced in this type of case.

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How long can you serve on a 3 years sentence?

The parole board decides release dates on a case by case basis, but there are guidelines. The below websites will give you the crime severity level and parolee risk. You can use those to estimate his time on the Parole Guideline Grid. It depends on whether it is a 1st, 2nd, 3rd or later offense, and many other factors (Education, other arrests, etc.). For VGCSA with intent, he could serve anywhere from 12-26 mos. before being paroled. However, as the parole board will tell you, these are...

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Under what circumstances does a police officer have a right to put his hands on a child? This was'nt right..What can I do?

If true, this was certainly improper conduct by the officer. Accidentally hitting a car while playing football is not a crime. It is a civil matter for which the police had no business getting involved. Please file a complaint with this officer's superiors. An isolated incident like this will probably not lead to any discipline, but multiple complaints could lead to disciplinary action against the officer. Be proactive to help prevent abuse like this in the future. Also, be prepared for...

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First violation on felony probation

Someone in McDonough (Henry Co.) may be able to answer this better. I hesitate to even give an opinion, but here goes: Your probation officer could swear out a warrant for your arrest, lock you up (or if you're lucky, have you turn yourself in) and I would think you would be out at the next jail call. Of course, you did not mention your charge or your prior history. If you are very lucky, your probation officer may offer your a "waiver" and require you to attend a class, do additional...

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What is a Stinson plea? I am not sure of the spelling but this is offered in cherokee co ga?

I have been practicing criminal law for approximately 9 years and have never heard of a Stinson plea. Nor could I find it by doing a quick computer-based check. Is it possible that you misunderstood an "Alford plea" to be a "Stinson plea?" In an Alford plea, named after the famed case of Alford v. North Carolina, a defendant may elect to plead guilty , if the judge allows it, but does not acutally admit to wrongdoing The defendant is basically saying that he believes that if the case were...

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Had a felony aprox 40 years ago for aprox 13 pills cant I say never had a felony on bckgrd check under 1st offender act ?

I was not practicing 40 years ago, however, a quick view of the history O.C.G.A. 40-8-60 (the general first offender statue) shows that it has been around since at least 1968. The discharge should have been automatic, and it is the duty of the clerk to mark your file with a stamp stating: "Discharge filed completely exonerates the defendant of any criminal purpose and shall not affect any of his or her civil rights or liberties, except for registration requirements under the state sexual...

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I have a bench warrant for an unpaid ticket will they arrest me at the DMV if I try to get a new state id (not license)?

I don't know why David got a "thumbs down" above. Yes, it is possible that you could be arrested if you went to the DMV. Generally, if you fail to appear on your court date on a traffic violation, the court will issue a FTA. This is reported to the DMV in Conyers and your license is suspended. An official notice is sent to the address that appears on your license. Depending on the court, a bench warrant may be issued for your arrest. You do not state if this was in State, Municipal, or...

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