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LeeAnne Lynch

LeeAnne Lynch’s Answers

13 total


  • Should I plead not guilty to misdemeanor shoplifting charges in my first court appearance and ask for a public defender?

    I've had no previous charges, but I did the crime. Could myself or my public defender get the charges dropped or ask for a diversion program? Do I need to plead not guilty in order to receive a public defender? I know you have to apply for one. I ...

    LeeAnne’s Answer

    As a public defender, I can tell you that I really appreciate it when my clients apply ahead of time instead of just waiting until their court date to ask for a public defender. I'm not sure exactly how it works in Rome, but you should try to contact the public defender and fill out an application prior to your court date if at all possible. This will allow your public defender the time to prepare prior to court instead of on the fly in the courtroom and could possibly get you a better deal than if you had just waited until the last minute. Planning ahead in this manner may be particularly important if you are hoping to get into a diversion program because some diversion programs require you to initiate involvement before your case gets too far along in the process.

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  • Possession of a controlled substance

    pulled out of drive of known dealer and cop pulled me over and in the seat of someone else's vehicle was a small baggy with a white substance the cop is known for violent behavior and did so on me forcing me to react and throw baggy to ground as i...

    LeeAnne’s Answer

    One of the first things your attorney should look into is whether the officer had a legally valid reason to pull you over to begin with. If not, you may be able to get the drugs thrown out and your case dismissed. Also, it sounds like this officer has a reputation for acting unprofessionally. Have your lawyer contact internal affairs to see if anyone else has made complaints against the officer. Any prior instances of misconduct can be used as leverage to support your side of the story and get you a better deal.

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  • How to go about getting daughters father released, sentence reduction, possible probation reinstated not really sure

    He is in WHEELER CORR FACILITY on a VOP for OBSTR OF LAW ENF OFFICER Douglas county tried to charge him with enticing a child for indecent purposes and child molestation, He was found not guilty of the enticing a child for indecent purposes and de...

    LeeAnne’s Answer

    Any time someone is on probation and they are arrested for a new charge, the Judge can hold a probation violation hearing and revoke their probation. The Judge only needs to find that it is more likely than not that the probationer violated his probation by committing a new crime. This is a lower standard of proof than at a trial. So, even if someone is acquitted at trial, their probation can still be revoked. Hire an attorney to handle to the revocation hearing. If your father's probation has already been revoked, you may want to consult a lawyer about the likelihood of getting the probation sentence modified in light of the outcome of the trial.

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  • I am facing a criminal case in which I feel that my best interests is not a concern for the Public Defender that I have.

    I feel that this PD hasn't viewed my case in totality and is only concerned with getting the case resolved as quickly as possible. Thus leaves me to be inclined to take the States offer. I'm not an attorney. However I see some discrepancies in my ...

    LeeAnne’s Answer

    • Selected as best answer

    As a public defender myself, I can tell you that most of us are doing the job because we want to help people. Just like any job however, you will sometimes run across a person who is just not very good at what they do. This can be true of any profession and can even be true of private attorneys. I would recommend calling your attorney to set up an appointment. Try not to let your preconceived notions about public defenders affect your relationship with your attorney. It may be that during your prior interactions with your lawyer their attention has been elsewhere. For example, you may have caught him or her in the middle of a serious trial. Be polite, but be persistent and stand up for yourself.

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  • Can you be charged arrested and bonded out two times from the same incident with the same charges 6 months apart from each other

    Three illegal immigrants tried to jump my son, he was defending himself and beat one of them up while some people from our neighborhood subdued the others, my son got the better of the man that attacked him and my son was taken to jail on a misdem...

    LeeAnne’s Answer

    • Selected as best answer

    What has happened to your son in within the law and, while it is rare, does not violate his rights. What most likely occurred, given your description, is that your son's original charge was changed from a misdemeanor to a felony based on the evaluation of the prosecutor looking at the case. Prosecutors have a great deal of power and discretion when it comes to decisions such as this. The new charge was then presented to a grand jury to proceed with an indictment against your son. At the grand jury proceedings, the prosecutor probably asked the Judge to issue a warrant for your son based on the seriousness of the new charge.

    The fact that your son has two charges, one misdemeanor and one felony, all based on the same fight is pretty common. Prosecutors often present what is called a "lesser included offense", to go along with the more serious felony charge. What this means is that they think they can prove your son committed a felony battery. But if not, they are convinced he at least committed a misdemeanor battery. Your son could only be convicted of one or the other (or he could be convicted of nothing of course!), but he would never be convicted of both.

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  • Can someone get into trouble for allowing two unrelated people on probation to be in their house around their children.

    My friend has her mother, who is on probation, staying with her. Her mother's boyfriend is frequently there and he is also on probation. My friend has been reported to the Dept of family and children services twice already. Is she putting herse...

    LeeAnne’s Answer

    I don't know of any law that says she cannot have them at her house or around her children just because they are on probation. However, if she is already in trouble with DFACS, she may want to be particularly careful about who she lets into her home. She does not want to give the department any additional reason to come poking around her or her children's lives. Also, what are they on probation for? This matters a great deal. For example, if either is a convicted sex offender, this could cause she and her children a great deal of trouble. Not simply because they are on probation, rather because she is not providing her children with a safe living environment by allowing a sex offender to live in the home. Likewise, if either is on probation for drugs, the probation itself is not likely to be an issue. But, if there is drug use in the home it may be an issue.

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  • What happens in this situation of someone stealing from a store?

    Alright so my Friend steals from the grocery store all the time. He does not live in this city but pretty close to it. I talked to him and he said the sum of all the things he has stole is no more than 100$. He recently received a phone call from ...

    LeeAnne’s Answer

    Your friend does not have to give a statement to the police. That said, it is probably not a good idea to ignore the police request for an interview. If the police feel they have enough evidence to arrest him just based on the video and they already have enough information to be calling him, they can issue a warrant for his arrest whether he goes down there or not. It may be in his best interest to see what they want so he does not have the constant threat of a warrant hanging over his head. It is his right to remain silent and to not give a statement to the police if they question him about a crime. He must tell them that he would like the interview to stop and request a lawyer and then STOP TALKING. The only thing he should say after that point is that he wants a lawyer immediately. Or, he could hire a lawyer before he goes to the police station. This is probably the best course of action. Shop lifting can be a serious charge and can carry jail or prison time.

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  • What happens to a person if they are charged with second degree property damage and they are 20 years old

    my ex boyfriend smashed my car windshield and kicked off my side rear view mirror and the damage estimated up to over $700. He was 20 at the time and he has court soon. I want to know if he is going to jail for this because it is his first felony ...

    LeeAnne’s Answer

    It is possible that he could go to jail. The district attorney assigned to his case will make a sentencing recommendation to the judge and it will ultimately be up to the judge to impose sentence. You can contact the district attorney's office is you would like to have input regarding his sentence. If you do not want him to go to jail and you want to make sure your side is heard, you may consider contacting his defense attorney. Usually, a charge like this where the person does not have significant criminal history will result in the person being sentenced to a period of reporting probation during which they must pay back the cost of repairing the damage.

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  • If my probation is up next year and Ive been paying wht I can pay on it and if Im not done paying it whats going to happen then?

    My restitution is 20,000 and my charges are Id theft and theft by taken my probation time is 5years it started on January 2010

    LeeAnne’s Answer

    If your probation expires prior to any violations being alleged by your probation officer, then the case is over. This means that the criminal court that sentenced you on the case will no longer have jurisdiction over you and there is no way for them to penalize you for the amount you have not paid. However, having a large unpaid restitution balance as you near the end of your probation puts you in a vulnerable position. Your probation officer could schedule you to come before the judge who sentenced you and explain why you have not paid. In the worse case scenario, your probation officer could even issue a warrant for your arrest alleging that you have violated your probation by not paying your restitution. In both situations, you would have to go before the judge and explain why you have not paid the restitution you owe. Some judges are very lenient when it comes to unpaid restitution and other ore not lenient at all. The harsher judges will make you spend the remainder of the time you have left on probation in jail because you did not pay the money you owe. You can try to argue that your inability to pay was not intentional, i.e. you just did not have the money, but be prepared for this argument to receive little sympathy because the judge hears it all the time. Some factors that could help your case would be making regular payments, doing additional community service when you are unable to pay, fulfilling all other terms of your probation and documenting your income and expenses so that the judge can see how desperate your financial situation truly is. If you are on first offender probation this situation is even more serious because the judge could take away your first offender status and re-sentence you to up to the maximum on the charge.

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  • Can i be Drug tested if random UA's aren't included in my probation terms

    When put on probation, my paper work did not include random UA's. By law can i be drug tested, ive known people that have tested positive while on probation without drug testing being placed in their paper work, and because of this their violation...

    LeeAnne’s Answer

    When you are placed on probation you give up many of your freedoms and privacy rights in exchange for the chance to serve your sentence on the outside instead of in a prison cell. The US Supreme Court recently ruled that people who are on probation can have their homes and vehicles searched at any time and even if the search would be considered illegal in all other settings, any findings can still be used against the probationer at a probation revocation hearing. In other words, give up the weed while you are on probation or you may end up in jail.

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