John Lovell’s Answers

May one still acquire a passport if they have not yet been indicted on a felony charge?

John’s Answer

• April 6, 2013 2:52pm

Your question does not include critical details. I presume you have been charged. Is there a bond? If so, what are the conditions?

I was caught selling alcohol to a minor during a sting operation, in savannah GA. What are my options?

John’s Answer

• April 6, 2013 2:41pm

You need to speak with a quality criminal defense attorney in Savannah. I can help you find an attorney if you wish. I am not soliciting business as I would not travel to Savhannah for a case like this.

Seeking a Pro Bono Attorney in GA to help me file Habeas Corpus in Gwinnett Co.

John’s Answer

• November 19, 2012 2:15pm

As you are aware, when a noncitizen is charged with a criminal offense, it can have far-reaching consequences for them and their families. Minor offenses, even those involving no jail time, can subject a noncitizen to deportation, regardless of whether they are lawfully present in the United States. In Padilla v. Kentucky, 130 S. Ct. 1473 (2010), the Supreme Court formalized a rule, already a standard practice, that attorneys must notify their clients of the immigration consequences of a guilty plea. The criminal defense attorney for the petitioner, Roselva Chaidez, had done no such thing, and she pleaded guilty to an aggravated felony, subjecting her to mandatory removal. In Chaidez v. United States, Chaidez is arguing to SCOTUS that her right to effective assistance of counsel existed pre-Padilla.

If SCOTUS rules in Chaidez's favor, I suspect that your chances of success will be greater. However, it is imperative that you seek legal counsel and file a habeas as soon as able.

As far as pro bono counsel, I suggest that you contact various immigration rights groups and inquire as to whether they are able to help you.

I WAS CHARGED WITH POSSESSION OF GAMBLING DEVICE 9 MONTHS PROBATION, 1COUNT MISDEMENOR

John’s Answer

• November 9, 2012 3:17pm

Mr. Wallack is spot on. If obtaining citizenship and possibly not being deported is a priority for you (and i suspect it is) you should run, not walk to an immigration attorney. There may still be time to undue any damage that may have been done.

Should I plead nolo in court for ticket? Can I go in early and speak with the judge in private?

John’s Answer

• November 9, 2012 3:13pm

You definitely may not speak with the judge alone. Look for an attorney who is in that courthouse on other business. Shop around for a good, local attorney who will give you a very reasonable rate. I once encountered a clever fellow in your shoes who approached me in court and negotiated a very favorable rate. After all, I was there and waiting to assist my client. It took virtually no additional time to advocate for the new client.

Can I file civil suit for aggravated assault if I didn't press charges?

John’s Answer

• November 8, 2012 11:28pm

Mr. Tevis provided an excellent list of your options. Speak with a personal injury attorney in your area and inquire into whether you can obtain representation on a contingency basis. The consultation will be at no cost to you (other than time and travel). The attorney will likely try to determine whether there is a way to colect a judgment from the person who assaulted you.

I am being charged with 3rd degree forgery what do i do? Its in cobb county also

John’s Answer

• November 8, 2012 11:21pm

The other two attorneys are correct, you should seek legal counsel. Interview attorneys and ask if they have handled similar cases. Perhaps ask for a reference.

Can i sue for being arrestetd and the courts taking for ever with trials along with not reading me my rights when being arrested

John’s Answer

• November 7, 2012 11:04pm

He certainly cannot sue for not having rights read. When rights are not read to a person who is in custody, it may prevent the state from using a statement made by the accused against him, but it creates no right to sue. I suggest that you contact a civil rights attorney to arrange a free phone or office conference to determine whether there is a case. I do not handle such cases but you can find attorneys who do on Avvo, lawyers.com, the local bar association and elsewhere. Good luck!

Is this normal in GA?

John’s Answer

• November 7, 2012 10:52pm

Yes, you can still be convicted if the state is able to prove all elements of the charge. Taking the license is not an element of the charge. You need to address the issue that is causing the suspension.

Can i get a prostitution/pandering by compoulsion charge expunged it's been 14 yearssince it happened.

John’s Answer

• September 26, 2012 1:42am

Ms. Foster posed some of the critical questions. I agree with her. If you attempt it yourself, have perseverance!