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A. J. Balbo

A. Balbo’s Answers

9 total

  • Should we get a lawyer to try to get the chargers lowered to 3rd degree?

    A.’s Answer

    The charges involve felonies and so it absolutely is necessary for your brother to consult with an experienced criminal law attorney in the jurisdiction where this is taking place. Based upon his age -- and hopefully lack of criminal record -- the facts of this case might open the door to a pretrial diversion or perhaps a reduced charge. If all else fails, and he qualifies, you can pursue a plea under the First Offender Act. The FOA has good points and bad points, but the best feature is that it would keep him felony-free. Tell him to see a lawyer.

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  • Does a family have to take a drug test ordered by DFACS without a court order?

    A.’s Answer

    Without a court order, I would say that you're under no obligation to do the test. That said, and as another attorney posted, it is likely that DFCS might seek such an order through the court. I have found that the best way in which to deal with a dependency case (previously referred to as deprivation) is to obtain legal counsel and work in concert with the case plan. If you cannot afford an attorney, one will be appointed to you. Together with the attorney, you can aggressively complete the case plan.

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  • Do I need to go to the family court as an unmarried parent who is about to have my partner move out with our child .

    A.’s Answer

    The question isn't entirely clear, but I will assume that you are the unmarried father of a child born out of wedlock. In Georgia, unless a child is properly legitimated (with the court establishing custodial and visitation rights) only the mother is entitled to the custody of the child. Therefore, you need to speak to an attorney about legitimating the child and establishing some legal rights over him. Typically, a court will order joint legal custody, visitation, and child support. The child would then be capable of inheriting from you in the event of your death and would carry your last name. I hope this helps.

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  • Is there a difference between a ticket for Disorderly Conduct and a conviction?

    A.’s Answer

    I'd really like to see the citation to ensure that, as a few other attorneys have stated, the ticket is for a municipal infraction. If it is a violation of a municipal ordinance, then it will stay within the town and not be reported on your record. By simply the paying ticket, you would be found guilty of the infraction. I think it's best to consult with an attorney in the jurisdiction to be sure. It would appear that the police office gave you and your partner a gift. Had you been arrested and charged with lewd conduct, it would have been far worse.

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  • I was arrested for DUI and I am 18 with no prior record. Approximate BAC: 0.8 - 0.10 Do I have a case/need an attorney? 7-25-14

    A.’s Answer

    You absolutely need to consult with an attorney who practices DUI defense in the court in which this is taking place. The attorney will be able to assess whether the police did everything correctly. The attorney might also be able to negotiate a reduction. It's worth it to you to fight a DUI conviction.

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  • I accepted first offenders plea back in 2008.i completed all requirements. My background comes back and says I have a fellony

    A.’s Answer

    You should contact your prior counsel or find a new criminal law attorney who practices frequently in the court you're dealing with. This should be fixed without too much of a problem. If there were an error in the original disposition, the court can reissue an order to correct typographical errors.

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  • What type of criminal defense attorney do I need that specializes in defending TPO?

    A.’s Answer

    A criminal attorney can assist in defending against a TPO. If the case involves domestic violence, you should consider an attorney who handles both criminal and domestic cases. Another person suggested hiring an attorney who practices in the superior court where this is located; that is terrific advice. In some cases, you can convert the TPO to temporary order in a domestic case.

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  • My son was arrested Saturday for DUI and driving on suspended license. This is his 3rd DUI and he's on probation and in the DUI

    A.’s Answer

    Your son is going to need legal representation. Committing another offense while on probation could lead him to a revocation. I would still suggest bailing him out and trying to get him enrolled in a residential treatment program. Some drastic measures need to be taken and serious treatment is a great first step. Contact a criminal lawyer; many will provide a free consultation.

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  • Is throwing pee on someone illegal?

    A.’s Answer

    Yes, throwing urine on someone would constitute an assault. You could also sue him in civil court off damages to the coat. If there is a fear of him hurting you, you should consider filing a Family Violence 12-Month Protection Order.

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