James Scott Byrne's Answers

Question about ALS

In Georgia, if you were not served with a 1205 Form, then there will not be an administrative suspension of your license. I agree with the previous poster that the Field Sobriety Tests are entirely voluntary-and a refusal to perform those tests--by itself--is not a basis for a DUI Arrest. However, do not confuse those tests performed at the roadside with the intoxilyzer 5000 test --the breath test machine usually located at the police station.

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DUI Expungement

The only way to get a DUI conviction removed from your record is to either (1) show the Georgia Crime Information Center that there was some mistake and that the conviction should not be on your record. For example, if your brother plead guilty to the DUI and was using your name. Or (2) you can apply to the Governor of Georgia for a pardon and have it removed. Which, as you may imagine is costly and there is no guarantee of success.

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If I marry the 16 year old girl that I got pregnant, can I avoid criminal charges

I have to respectfully disagree with my collegue on this one. Assuming that the sex was not forced in any way, then under Georgia Law an 18 year old would not commit the offense of statutory rape if the other party is 16. 16 is the age of consent in the State of Georgia under O.C.G.A. 16-6-3. If she was 15 at the time of the act and he was 18 or younger, then it could be prosecuted as a misdemeanor.

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How do I find a criminal lawyer I can pay after he wins the case?

You may find many private attorneys that will work with you on a payment plan-but I would be wary of any attorney that would enter into an agreement such as the one you are suggesting. A criminal defense attorney has a duty to investigate a case that is independent from the State/Federal Government. When you retain an attorney you are paying for that attorney's time to conduct the investigation, research the law, review the evidence and render an opinion as to the possible outcomes. No attorney...

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Can you appeal when bond is denied

When a Judge decides whether or no to set a bond they look to several factors--but generally they look at the Defendant's record and ties to the community. Most, if not all Judges in Chatham County will deny bond if the defendant is on probation or parole. That does not mean that your sister cannot re-apply for a bond. It just depends at what stage her case is at. If she was just bound over from Recorder's Court to Superior Court, then the District Attorney's Office has 90 days to indict her....

Fraud car sale.

This sounds like a scam or it's very shady at best--but a lot of It depends on what you mean when you say that you "signed the paperwork." Does that mean the contract to buy the car? If so, you may be stuck-- because most contracts have a four corners clause which means that nothing outside of the four corners of the contract is to be considered binding upon the parties. It may be worth your while to take the copy of what you signed to an attorney to review it to see what your options are. Now--...

If someone signed out a affidavit for forgery againest you can they drop charges without getting in trouble themselves?

This is a difficult question to answer because it is short on facts. However, it seems as though the bank is the one seeking the charges, not your ex. If the Bank has made a pre-warrant application in Magistrate Court, then it would be up to them to dismiss the warrant application. It would be worth hiring an attorney to see if a compromise could be worked out prior to the hearing date.

DUI in GA in 2002 (over 5 years ago). Still considered a crime by employers or time has passed to let it go?

A DUI will not come off your record. It's not a like a speeding ticket. However, it depends on who your prospective employer is--many times when an employer runs a criminal background check they are only entitled to check for felony convictions. However, if the prospective employer is part of the Federal or State Government, then they may be entitled to see more. Usually honesty is the best policy when it comes to job interviews. If you decide to tell your prospective employer maybe the way...

I was arrested for DUI, and also got a ticket for driving on a suspended lisence for not paying a seatbelt ticket

There are mandatory minimum fines and conditions of sentence for DUI depending on when and how many prior DUI's you may have. If this is a first lifetime DUI, then the minimum sentence will include 24 hours in jail, 12 months of probation, 40 hours of community service, a fine of $300.00 plus court costs --other conditions may include attending a MADD victim impact panel, attending a DUI Risk reduction School, alcohol and drug evaluation and counseling. Additionally, you may have been served...

Can a Georgia private school legally withhold records and make my child repeat a grade because of unpaid tuition?

The answer to this may depend on the type of contract that you signed when your enrolled your son in the school. The school's position will be that they provided a service in educating your son and they expect payment in return--so they are putting pressure on you to pay by withholding the transcript. What you might want to do is see if they will work out an agreement like a promissory note--where you can make payments on the outstanding balance in exchange for the transcript release. It may...