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James Rodney Hamilton

James Hamilton’s Answers

48 total


  • Can public defenders count my gi bill as income

    I had just turned in an application for a public defender to represent me since I have a low income when not in school. They told me my income was to high because of the gi bill, but I clearly see that as an income the gi bill can't be claimed. ...

    James’s Answer

    Generally, you can request a review, or a reconsideration, of the denial. In Georgia, the standard is the Federal Poverty Guidelines. Also, double check the information which you presented to their office - did you provide accurate proof of your bills? dependents that you support? Also, they will generally have to take into consideration, the overall income of the household, so you would have to make certain that all incomes that told them were proper and accurate.

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  • Post conviction

    My nephew was tried and convicted on 2 counts of child molestation and 1 count of aggravated sexual battery with a 14 year old and sentenced to life. He has requested a motion for a new trial because the verdict did not fit the evidence. The exp...

    James’s Answer

    Whether or not an appeal will succeed depends on the appellate issues. HOWEVER, if you do not at least get this reviewed by an attorney, he will lose his right to an appeal. Act quickly and get someone qualified, to file a Motion for New Trial, and review the transcript for appellate issues.

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  • My nephew was convicted of two counts of child molestion and one count of sexual battery. What can we do at this point?

    Trying to see if we can appeal or what is the best option

    James’s Answer

    As Mr. Pines said, it is critical to move forward with this matter, and pursue his appellate rights. Having his trial lawyer file at the very least, a "general" demand for new trial is the start. If he was represented by a public defender, the circuit defender's office may have an "appellate division." They should be familiar with the proper procedure, or, if he was represented by private counsel, ask that attorney for a referral to an appellate attorney. Generally, the trial attorney should not be the appellate attorney, because they are hampered by not being able to appeal for certain issues.

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  • How can this case have not been resolved in almost 8 years

    My girlfriend was arrested and charged with aggravated assault against her husband in 2008. She spent a few weeks in jail and was released on bond. She had an initial hearing in which the judge for some reason didn't believe they were married and ...

    James’s Answer

    Without trying to step on the lawyers toes, Georgia has a "statutory" right to a speedy trial, however, it is not valid if it is filed before she is indicted (or a formal accusation is filed) and arraigned. A Defendant also has a "Constitutional" right to a speedy trial which begins when they are arrested. If the "Statutory" speedy trial demand was not filed timely, that is, in the term of court when she was arraigned, or the next term, the "Constitutional" demand may still be appropriate. IF she has not been formally charged and arraigned, a "Plea in Bar" is appropriate, but has to be filed before the case is called for trial.

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  • Please help. I'm on HV due to One DUI in 06 convicted on 08 .Due to two minors in car under 14 at time.

    I'm a single father that though I wasn't truly bad off IMO but none the less even after sleeping 4 hours made bad decision to bring them with me not to leave them alone to get my work phone left at friends house ..Anyway I got pulled over. 1 DUI n...

    James’s Answer

    A very cautious answer to your question, given the lack of critical information, is that the code does allow you to apply for a probationary license. You should see a local attorney, and be able to provide, at a minimum, a copy of your MVR ( available from your local sheriff) and a copy of your GCIC. If everything is clean, you should be eligible now for a license (temporary only) to allow you to go to work, etc.

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  • Alabama license, Georgia DUI.

    Hello, I am a 35 year old ALABAMA resident with no criminal record. I was arrested for DUI in GEORGIA. I submitted to all roadside tests and the one at station. However, the one at station, to my knowledge, was not working right ...

    James’s Answer

    Georgia will control the criminal aspects of your punishment. Alabama will control the status of your driver license. Georgia can suspend your privilege to drive in Georgia, but cannot control your Alabama driving privileges. I further agree with the person who suggested that you contact Mr. Trapp, he is a great DUI lawyer in that general area of the State.

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  • My son is alcoholic and has 2 DUI's. Is there any way I can get his probation officer to require court ordered rehab?

    He will not seek help on his own. He has no job or income so he cannot afford to pay his fine monthly, What will they do if he cannot pay the fine.? He is a good liar, so we don't know when he is telling the truth. He is almost 40 years old and ...

    James’s Answer

    Many times in Georgia, a revocation hearing involves negotiations with the probation officer and prosecutor. There may be a rehabilitation court (DUI Court or mental health court) in your son's jurisdiction. If that is an option, these have a good success rate in controlling addictions/addictive behaviors. You might check with the local court to see if they have any of these programs.

    Unfortunately, by continuing to do anything to support his actions, you may be further enabling his behavior. Check with your local court's victim assistance office to see if there are any free or affordable counseling services that you might be able to involve in, so that your family can better deal with the difficulties of a family member who has addictive behaviors such as you describe.

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  • DUI court program Forsyth county ga

    Im just about to start in the DUI court on august 19th is my plea date........my concern is this I take a medication that is based 67% alcohol its a gel I have to put on every day ...It effects me in the fallowing ways I dont have joint pain Im no...

    James’s Answer

    You are correct, the ETG test is extremely sensitive. If you have a lawyer, make certain that they are present at your screening, and address your concern. The Court should not force you to stop a necessary medication, however, they may attempt to help you by seeking a substitute medication that won't endanger you for a positive screen result. It is critical that you make sure that everyone is aware of your need for the medicine.

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  • My parents live in Florida and there they are having a series of workshops (Workshop Helps Felons Get Rights). Viewed 5 times.

    My parents live in Florida and there they are having a series of workshops (Workshop Helps Felons Get Rights). This is to have the records expunged or sealed. I was wondering if this would be available in Georgia. When you hear felon, you think of...

    James’s Answer

    Did you plead under the First Offender Act? If so, then adjudication has been withheld, and you do not have a conviction unless and until there has been a finding, either by the Judge, or there is an administrative adjudication by GCIC due to a subsequent conviction.

    Technically, under First Offender, you have not been convicted while you are successfully completing your probated sentence. You should ask your probation officer whether or not you have a conviction, or delayed adjudication.

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  • Can i get a pasport with a felony or do i need to get it reduced to a misdemeanor/exspunged from my record first?

    I was 17 in 1998 in the state of GA i got charged with "entering an auto" the sentence was 90 days in gwinnett county detention center and 4 yrs. felony probation. iwas concidered an adult at the time. but later found out GA raised their legal age...

    James’s Answer

    The more pertinent question is whether or not the country you wish to visit will accept you with a felony conviction on your record. Many countries will forbid you from entering their sovereignty if you ever been convicted of what they consider a felony. I would suggest you contact your local Sheriff to get a copy of your GCIC (criminal history) to determine how it shows the resolution of your case. You should also contact the embassy of the nation(s) you wish to visit, to see if there are any specific requirements, such as requesting a waiver or special permission.

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