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Gretchen Kelley Brantley

Gretchen Brantley’s Answers

51 total


  • 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

    please help me i am very scared as to what happen, i have four kids to take care

    Gretchen’s Answer

    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 judge can require you to go to jail or at least answer why you did not appear.
    I hope this helps.

    G.K. BRANTLEY LAW, P.C.
    Florida & Georgia
    Practicing criminal defense in Nassau, Charlton and Camden

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

    She and her boyfriend had an altercation in the HS parking lot. He chased her and she defended herself. As a result, she broke the side mirror on his car. They were both suspended. Now, three months later, she has been charged with this offense.

    Gretchen’s Answer

    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.

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  • How would you decide if you have a good criminal attorney?

    We have retained an attorney, he was unable to be available for 3 different times the inmate went before the judge. It took him 2 weeks to meet with the inmate and did that by phone at the jail. He has visited one other time with the inmate this...

    Gretchen’s Answer

    This sounds very odd to me. Did your family pay him in full? or was he appointed by the court or is he a public defender?
    These are some possible answers to what appears to you to be unprofessional. You have a right or the Defendant does to ask the attorney what he is doing. You can also fire your attorney.
    As far aas the clerk's misplacing his file, that happens from time to time and the last thing a local attorney wants to do is fuss at a clerk and get on his/her bad side.
    Two weeks may be appropriate. Every jail is set up differently. He may have attempted to see him before that, but the jail limited visits the time he went up to see him. I have gone several days before I could get into to see a client and I live in a smaller county. Sometimes the attorney is waiting for the evidence to come in. Sometimes attorneys wait for an upcoming court date.
    A bail reduction hearing has to have been filed by this Defendant's attorney in order to even be heard. It's not always good practice for attorneys to counter everything the DA says. A good reputation takes time to earn and very little time to lose. No well respected attorney is going to counter everything a DA says. Part of practicing law is letting the judge know if you choose a battle it is a good one and the judge should listen and rule in your favor.
    Try to be patient, but don't settle for laziness either. Good luck to you and your friend!

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

    My wife is the abuser and I am the victim. She assaulted me 9 months ago. Is it too late to file a report.

    Gretchen’s Answer

    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? Most of these answers in your case will be no.
    Even if you do file a report, there will be questions about your motives because of the length of time that passed before you even filed.
    If you need help, you should seek out a local domestic violence shelter or call your local law enforcement agency for resources available to you in your area. And of course if you feel as though you are in danger, call 9-1-1.

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  • Battery charges

    what is a good plea bargin for 2 counts of battery?

    Gretchen’s Answer

    Careful here because pleaing to battery can set you up for future problems and lots of them. This is the wrong place to seek advice about a plea because no one knows your case better than your own attorney.
    You don't want to run the risk of getting advice on this site about a plea deal that is really out of character for the county where you live. This may set you up for a big disappointment or you may think you really should get a lesser plea and then the State withdraws any plea and says you can plea straight up to the judge or go to trial.
    Be sure and ask your attorney about the future pitfalls if you do enter a plea ( withhold or not) to two counts of battery.
    Good luck!

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  • Order terminating probation, confused?

    it's not the same as final disposition?right? where do i get the final disposition on a case?court house? could anyone tell me what kind of letter is this:I'm confused, is this also the final disposition letter because of the information written...

    Gretchen’s Answer

    Check and see if the decree is signed by a judge. Most "orders" are signed by judges. What you have may be a letter from probation informing you of the order. Most Orders terminating probation are submitted by probation to the court and sometimes may also have the prosecutor's signature on them.
    You can call the clerk's office or your probation officer to make sure. Congratulations on your successful termination of probation!

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  • What kind of attorney do I need

    As best that can be described.... Violations of HIPAA law have occured and have been condoned by the state of florida. to the point the a "rule" in the administrative code clearly notes that an action is specifically allowable in direct violation ...

    Gretchen’s Answer

    Because you posted your question the DUI/DWI subject, I am taking a guess here that the State got ahold of your medical information regarding a blood draw you had at the hospital. There is a legal difference in legal blood and medical blood draws. This distinction is relative to the admissability of those test results. If I am accurate, you will need a DUI attorney who really knows DUI law. Beware because a lot attorneys practice DUI, but it isn't their main area of practice. We can't say specialize in Florida when it comes to DUIs, but ask around first. If you don't know who to ask, I would ask the attorney you meet with to show you course completion certificates in DUI training. This entire area of law is so specific and your attorney's knowledge of this area of law can make or break the end result. Good luck!

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  • Can a person face criminal charges for sending one threatening text

    Girlfriends ex boyfriend threatened me numerous times in the past, the other day they started to harass me and so i sent a threat to him along with leave me alone, the boy is a ex felon but also a minor, my ex's mother just started to attack me th...

    Gretchen’s Answer

    Repetition is the key here for a harrassment type of charge. You sent one text after they "harrassed" you. But beware it is a second degree felony in Florida to send written threats to kill or to do bodily injury. A second degree felony carries a maximum punishable sentence of 15 years in prison.

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

    I missed court date for contepmt hearing and need advice on what to do.

    Gretchen’s Answer

    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 emergency prevented you from appearing as ordered. She or he will tell you what information to provide so the judge can recall the warrant and/or rescind any order the judge filed on the day of the hearing.
    Medical emergencies arise from time to time. If ever you are not able to appear and you have time to call the court, you should. Good luck!

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  • Continuation of child support?

    My son (who is currently 20 and turns 21 on March 2010) is attending a community college in Massachusetts and after speaking with him last (prior to Father's Day), would be graduating in May 2010. As per the support agreement, he is to be a Full T...

    Gretchen’s Answer

    Your question is confusing because you are a resident of Kingsland and your son is in college in Mass. Where was the child support filed? Mass. or Ga.? If Ga., you will want to speak with a lawyer in Camden County. If Mass., you'll need to speak with a lawyer in Mass. When attorneys view questions, they usually look at the state. Your question lists Ga. If Mass., you might want to update your question to something like...
    Son in college, no longer full time. Will I have to pay support in Mass.?
    Good luck!

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