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Billy Tomlinson

Billy Tomlinson’s Answers

22 total

  • How long does it take to get my felony record expunged?

    I just got off first offender felony probation, the probation office said that once I was off they would "automaticly" send a petion to the judge for review he or she would then do a criminal history check before signing off on it. How long does t...

    Billy’s Answer

    Your record will not be expunged. The arrest will always show on your record and you will not qualify for a true expungement. However, I think what you are referring to is the marking of your record/criminal history to reflect "no conviction" pursuant to a 1st offender plea.

    The criminal history background check does not take long to complete. It will search for any arrests or convictions you may have had while on probation. This search will include both the GCIC (Georgia criminal history) and a NCIC (FBI) criminal history search. This will show any arrests/convictions that you have in the entire U.S.

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  • Judge will order fingerprints?

    I got a ticket for prostitution (police don't arrest me) , in my court apareance can they ask me for fingerprints?? What are the chance?

    Billy’s Answer

    Absolutely. You most likely will be fingerprinted if you are convicted or plead guilty.

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  • Just got my first dui. what should I do

    license suspension, probation, jail time? I paid my bond, will that be my actual fine, or will I have additional charges? Anyway to not have my license suspended?

    Billy’s Answer

    You need to consult with a qualified DUI attorney in the area you were arrested in. There may be defenses available to you and a local attorney will be in the best situation to bring together all of the politics, personalities of the judge and prosecutor and present you with the most realistic outcome for your situation.

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  • Is it worth hiring a lawyer for first time DUI in Statesboro, Georgia (Field BAC: .179, no accidents/damage caused)?

    I was trying to pick up a friend who was lost and distressed at 3 in the morning, after the the town's free DD service stops running. I'd had good bit to drink earlier, but had stopped drinking about 60-90 minutes prior to my arrest. Anyway, at so...

    Billy’s Answer

    Yes, you need an attorney in that jurisdiction. First, you need an attorney to evaluate the merits of the state's case against you and to discuss/present any defenses you may have. Additionally, in that jurisdiction you will need someone to help you avoid any jail time.

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  • If my current DUI case is dismissed. Will Felony Prob. still violate me for the initial arrest after DUI is dismissed???

    I am on Felony Prob. in GA. I am currently in the process of attempting a dismissal of the DUI. I am in a lock down residential facility. I have been told while in treatment probation will not try to lock me up as long as I continue to get help. I...

    Billy’s Answer

    This is a highly fact and jurisdictionally driven answer. With the facts you presented here all anyone can do is give the a broad generality of possibilities. They could choose to violate you even in a treatment facility. However, this would depend largely on your probation officer and original sentencing judge. Could they violate you if the dui was dismissed? The short answer is yes. Would they? That depends on your probation officer and his view of you as a probationer. Things such as your original reason for being on probation, the length of time you have been on probation and if you have had other probation violations would all come into play. You need to seek the advice of a qualified criminal defense attorney in the area of your arrest and probation.

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  • Do I need a lawyer for a simple possession marijuana charge????

    About 3 weeks ago I was caught by police buying marijuana. They then pulled me over in my car, got me out of the car and searched my car because they watched the entire deal go down. I admitting to having a small amount of marijuana in the car.i w...

    Billy’s Answer

    You need to contact an attorney immediately.

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  • I had a forgery conviction in 2002, can I file a motion to have it sealed so I can go into the criminal justice field?

    It was in Georgia and was sentenced to 10 years probation but I'm off of it now is it possible to get a degree in criminal justice? If I have it sealed?

    Billy’s Answer

    The expungement laws have recently changed in GA and this has resulted in some slight changes in how things are reported. Given the facts you stated I do not believe you would be able to obtain an expungement under the current laws. I can not answer to the potential for you to work in the "criminal justice" field without knowing more about the potential job. As far as being a police officer the answer would be "no" as you are not able to have P.O.S.T. certification with a felony conviction on your record. Your only option MIGHT be to seek a pardon for your charges but you would still need to review the POST procedures to be sure that you still would not be disqualified. You need to seek a qualified and experienced criminal defense attorney and discuss your situation.

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  • Do I pay fine without criminal record? Do i plead not guilty even though I state I did fight? What if i paid the ticket?

    My neighbor and I had a dispute for a few months that lead to an heated argument. I slapped her. I told the ploice what happen, got aressted and cited for Disorderly conduct violence towards another/fighting. I was told to plead guilty, pay fine o...

    Billy’s Answer

    Most likely the charges you state will not result in any jail time. However, in GA any misd. carries the potential of 12 months in jail and a $1000.00 fine as a maximum punishment. It will result in a criminal history for you. I would contact an attorney and discuss this case so that you fully understand how that criminal record could affect you going forward.

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  • Dui...disabled....immigration

    I just got married to my husband.. he got a dui a few months back and went to court and they said that if he has to serve a few days in jail that Immigration might put a hold on him. he has 4 kids with his ex wife that he pays for and i am disable...

    Billy’s Answer

    The short answer is it will depend on if ICE puts a hold on him while he is in jail. But even beyond that there are many factors that must be considered if that does happen before someone can answer "yes" or "no". You really need to contact an immigration attorney.

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  • Why are you asked to take a breath test on the scene of the arrest and again in lock up?

    I took a breath analyzer on the scene of the arrest for DUI after I was taken to lock up the arresting officer asked me to take another one, why is that so

    Billy’s Answer

    The test at the car was simply a "screening test" that is usually performed as part of the battery Standardized Field Sobriety Tests. It is used only to help the officer make the decision to arrest or not. The results of the test are only admissible into court beyond a "positive or negative for alcohol" in very limited circumstances. The one you took at the police department or jail is the Intox. 5000 and the results will usually be admissible in court.

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