D. A recommendation vs. Judge Ruling: My boyfriend was charged with aggravated assault towards me and was arrested and recently got a bond. The D. A said they recommenced a TPO order with conditions of his bond.In court Tuesday at his bond hearing he said the judge told him his bond was set at 10,000. At no time did the judge mention any special conditions on his bond and he went to crimal and magistrate court and they said they see his charges and bond ruling from the judge and do not see a TPO order. The D.A is still trying to tell me there s one. He has not received any copy of and tpo order and i haven't signed anything to prosecute or put one on him. Bondsman didnt state any special condition to him either. Is there a chance the judge didnt grant him to TPO order even though the D.A recommened it? Wouldnt he have a copy?
James’s answer:
In assault cases such as this, courts often include a "no contact" or "no violent contact" provision in the bond conditions. Those two are significantly different. A no contact order restricts any contact or communication (from in person to texting, calling, Facebook, etc.). A no violent contact order allows contact and communication but restricts the defendant from any violent behavior. Get a copy of the bond order to see the conditions your boyfriend faces.
Although it appears from your post that you do not want him to have those restrictions, just in case you do, you can go to the court and request a no contact order. Also, Georgia has a hotline for victims of domestic violence. You can reach the hotline by calling 1-800-33-HAVEN.
My daughter had court on April 27 looking at her court records online it shows 17 STATE COURT PROBATION REVOCATION: that was all on the same court date which she got probation of one year. What does that mean she was arrested yesterday when she went to probation and we don't know why. What do I need to do? No one will tell me anything and the probation officer will not call me back.
James’s answer: Your daughter needs an attorney who can inquire with the court and the probation office regarding the alleged violation of her probation. The specific course of action will depend on factors not listed such as in which county her case is located. She could end up sitting in custody for a while waiting for a hearing. Some places are better than others (particularly if she only has minor, technical violations) and will get her before a judge, but others will let her sit upwards of thirty days. I don't write that to alarm you, other than to point out that it is important to speak with an attorney right away to get them working on trying to get your daughter released.
In georgia for a shoplifting misdemeanor is there a chance to get it dismissed and expunged on court date itself?:
In georgia for a shoplifting misdemeanor which is a first offense is there a chance to get it dismissed and expunged on court date
I have a job joining and they are going to do a background verification plz suggest
I also have immigration problems in future
I'm taking workshop and doing community services ahead before court date itself
Thanks in advance
James’s answer:
Be careful about even entering a diversion program if there are potential immigration consequences without first consulting an attorney. Some pre-trial diversion programs still involve a plea of guilty that is withheld. For example, you appear to be from Alpharetta where the court has a program called a Hold & Clear program. In my experience with clients entering into that program, the defendant pleads guilty to the charge but the judge holds off on entering the conviction. The defendant is given a set of conditions to meet (program fee, community service and shoplifting class to attend) and twelve months to complete the conditions. If the defendant fails to complete the conditions, the conviction is entered. If the conditions are successfully met, the case is dismissed. Getting the case dismissed can be a great deal, and will usually result in the criminal record being restricted from employers (expunged).
However, it can still have devastating immigration consequences. A conviction for a theft offense involving a sentence of twelve (12) months can be an aggravated felony for immigration purposes. And, the definition for "conviction" used for immigration purposes is more broad than the state criminal context. The Immigration and Nationality Act defines conviction as in Section 101(a)(48) as:
(A) The term "conviction" means, with respect to an alien, a formal judgment of guilt of the alien entered by a court or, if adjudication of guilt has been withheld, where-
(i) a judge or jury has found the alien guilty or the alien has entered a plea of guilty or nolo contendere or has admitted sufficient facts to warrant a finding of guilt, and
(ii) the judge has ordered some form of punishment, penalty, or restraint on the alien's liberty to be imposed.
Merely making an admission of sufficient facts to warrant a finding of guilt is enough and, in the context of the a program such as in Alpharetta, immigration can use a plea of guilty or admission of guilt as a conviction even if the case is ultimately dismissed.
You need the advice of a criminal defense attorney with knowledge of the immigration consequences of your case.