Gretchen Kelley Brantley's Answers

Gretchen Kelley Brantley
Saint Marys Criminal Defense Attorney.
Contributor Level 10

1

Attorney answers:

  1. Gretchen Kelley Brantley

Do i have to go to Fl to fix a failure to appear charge?

Asked by a user in Albany, GA - over 2 years ago.

Where in FL? How long ago was your failure to appear? It is my experience that the military will not allow you to enter the service without first taking care of your outstanding warrant because that is what a failure to appear leads to. You likely have a warrant for your arrest. And no FL doesn't extradite for misdemeanors. It wouldn't take a lot to clear this up for you. Waht you need to have in hand are the following: (1) a copy of your enlisted paperwork and date for bootcamp or delayed...

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3

Attorney answers:

  1. Lee William Fitzpatrick
  2. Gretchen Kelley Brantley
  3. Kimberly Keheley Frye

My 16 year old daughter was charged with criminal tresspassing while at school.

Asked by a user in Waverly, GA - over 2 years ago.

The answer to whether or not this is right or wrong is going to rely in part on if your daughter was asked to leave and refused. If she was suspended/expelled and returned to the school during that time. You don't really ask a question so it is hard to determine what you are wanting to know. I have an office in Saint Marys if that is close enough for you to schedule an appointment. If not, you should talk with a local attorney in your area.

1 person marked this answer as helpful

1

Attorney answers:

  1. Gretchen Kelley Brantley

Is it too late to file a domestic violence report If the assault happened months ago

Asked by a user in West Palm Beach, FL - over 2 years ago.

You may be able to go to the police station/Sheriff's office and file a report, but that doesn't mean your report will turn into formal charges. The police need some sort of corroborating evidence. IS there a 9-1-1 tape? Usually, police stations only keep these on hand for about 6 months. Are there pictures? These photos should be taken by law enforcement on the date or close to the date of the incident. Do the photos show injuries? Can the arresting officer testify to the injuries in court?...

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2

Attorney answers:

  1. Gretchen Kelley Brantley
  2. Steven Alan Fink

If I missed a court date for contempt hearing, but was hospitalized for heart condition what can I do?

Asked by a user in Plant City, FL - over 2 years ago.

Are you in contempt for violation of court order regarding child support? If so, you probably have an attorney. If you do, you should contact your attorney and he/she can explain your medical emergency for missing court to the judge. If you do not have an attorney and are representing yourself, then you should get a copy of your medical paperwork showing that you were admitted and the dates. Call the judge's office. His assistant will answer and you can explain to her/him that your medical...

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1

Attorney answers:

  1. Gretchen Kelley Brantley

Is there a waiting period before applying for gun rights restoration in Florida?

Asked by a user in Pompano Beach, FL - over 2 years ago.

Your question is interesting so bear with me as I xplain the answer. Florida Statue 790.06(2)(d) states that the Department of Agriculture and Consumer Services may not issue a license to carry concealed weapon or firearm if the person is ineligible under F.S. 790.23, which would include having been convicted of a felony. That would mean you because you stated you were convicted and thus adjudicated guilty. Reading further, section (k) states that the Department can issue you a license if the...

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1

Attorney answers:

  1. Gretchen Kelley Brantley

Can I carry a firearm in the State of Georgia

Asked by a user in Rome, GA - over 2 years ago.

16-11-130 (a)((2) specifically expemts you from the state licensure requirements. Use caution, however, when traveling from state-to-state. Although most states do have some form of reciprocity, that allowance is usally only recognized if there is an actual license in the home state. For example: You are expemt from licensure in Georgia based on your work status. You take a trip to Florida. Florida recognizes your ability to carry the firearm BUT ONLY if you actually have a valid Georgia...

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4

Attorney answers:

  1. Gretchen Kelley Brantley
  2. Richard Earl Hornsby
  3. Alan James Brinkmeier
  4. Edward Jerome Blum

What is a capias returned unexecuted mean

Asked by a user in Orlando, FL - over 2 years ago.

The attorney above has the definition correct. It means you didn't show up for a court date/hearing and the judge issued a capias/warrant for your arrest. Returned unexecuted means the Sheriff who went to serve the warrant at your last known address did not you find you there. The Sheriff's office is required by Florida statute to execute warrants without unnecessary delay. His attempt to arrest you means that he tried to arrest you. A copy of hte paperwork is kept in the court file. The date...

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1

Attorney answers:

  1. Gretchen Kelley Brantley

What are the reliable internet sites available for searching someone?

Asked by a user in Kingsland, GA - over 2 years ago.

What's good today might not be good tomorrow. As an attorney, not all cases warrant hiring an investigator. As a result, I have to accomplish some of my own investigative work. I bet you can do the same. You may want to first start out on an internet search site (such as google) with your ex-husband's full name in quotes: "JOHN DEER DOE" This is a very strict search and will only return information with his name as typed. If you get no hits there, loosen up your search a bit and try "JOHN D....

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Attorney answers:

  1. Lloyd Harris Golburgh
  2. Gretchen Kelley Brantley
  3. Craig A. Epifanio

How much time can my husband get for a DUI probation violation?

Asked by a user in Wauchula, FL - over 2 years ago.

Yours is a complicated question. At first glance, any attorney will want to know the State in which he received his DUI citation. Probation can usually be transferred from one state to another so knowing where the DUI citation originated is key. Your post states you are writing from Florida. A sentence for a 2nd time DUI in Florida is also going to depend on what year he received his first DUI, the disposition of that case, and in which year he received his 2nd DUI. Because your husband is...

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2

Attorney answers:

  1. Craig A. Epifanio
  2. Gretchen Kelley Brantley

Can a police who took the report come to my house and arrest me without giving my a supina (if i spelled that right) for court

Asked by a user in Fernandina Beach, FL - about 2 years ago.

Do you mean arrest you if the officer does not have an arrest warrant? or did you fail to appear after being issued a subpoena? Officers can make arrests without arrest warrants, but the situations are limited. An attorney would need to explain this to you. If you were served with a subpoena to appear and you failed to appear at the designated time and place, then the judge will usually issue and order to show cause. You will be required to appear at a show cause hearing. At that time, the...