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Zachary Walter Procter

Zachary Procter’s Answers

972 total


  • Will a person be jailed for misdemeanor possession of less than an ounce of marijuana, no DUI. No use since the arrest last mo.

    Stopped for cracked tail light. Nothing fishy about the bust. Prior misdemeanor in 2010 for "theft by taking" restriction made and probation satisfied. There is no money for a lawyer. Court is July 19.

    Zachary’s Answer

    While it is technically possible to get jail time for a first offense misdemeanor marijuana, it is highly unlikely. I see you're in Lawrenceville. Both Lawrenceville Municipal Court and in Gwinnett County courts, you usually get probation, a fine, community service, and are ordered to do an Alcohol and Drug Evaluation. They will also screen you to make sure you keep yourself clean. With a prior Theft by Taking arrest, you won't be eligible to do pretrial diversion, but you should ask the solicitor and judge if you can do Conditional Discharge. That is a section of the law that lets you keep this off of your record as long as you don't violate probation and you do everything they ask you to do.

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  • What are some tips I should consider with this matter. Thank you in advance for your time and consideration.

    My dog, a 1.5 yr old Pit/Boxer mix was claimed to have jumped my 4.5ft fence in order to attack my neighbor. Neighbor stated my dog bit him "to the bone" yet refused to let me see the bite mark and refused to go to the hospital. My dog is a playfu...

    Zachary’s Answer

    We aren't allowed to solicit business here, but certain lawyers would consider representing a combat veteran for free in a case like this. I know of oine in particular in Lawrenceville, if you know what I mean.

    A citation like this is a criminal matter, which means that the state has to prove beyond a reasonable doubt that your dog got out and attacked your neighbor. The fact that the dog has never gotten out before, and the fact that it is kind of hard to believe a pit could jump over a 4.5 foot fence sounds like reasonable doubt to me.

    You need the help of a lawyer to make sure that this gets presented to Judge Muise in the right way.

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  • Do I need an attorney to appear in court with me or can I handle this myself. I am seeing the judge in Gwinnett County, GA tomo

    Dogs (German Shepherds) got out of fenced backyard and attacked a dog walking in front of our property. I have had no contact with the accusers in any form, no proof the incident ever occurred, and only a visit by Animal Control to issue order to...

    Zachary’s Answer

    I recently won a bench trial in the court where you will be appearing on a very smilar case. However, in that case, there was no evidence that the defendant's dogs had been anywhere other than inside his house the day of the attack. Judge Muise is open to hearing arguments from the defense in these cases, but I highly recommend you get an attorney to represent you.

    If there is physical evidence of an attack, and an eyewitness can positively identify your dogs as being involved, there may be no way around the charges, but there would still be ways to minimize the damage and to ensure the safety of your dogs.

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  • When is Justice served in the Criminal Judiciary System?

    Is Justice served when the right people are punished for their crimes?

    Zachary’s Answer

    This is a pretty deep philosophical question, but basically yes, justice is served when the people responsible for committing a crime receive an appropriate punishment, and anyone harmed by the misdeeds of someone are made as whole as they can be through restitution.

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  • AM I ALLOWED TO VOTE in Georgia although I am wrongly charged with a Felony & a misdemeanor?

    I was wrongly charged with a Felony & a misdemeanor? Am I banned from voting in this upcoming elections? I want to vote for TRUMP. I was wrongly charged for reporting a crime. Never knew it was a crime to report a crime.

    Zachary’s Answer

    You can vote until and unless you are convicted of a felony. A pending charge does not deprive you of your voting rights. However, I would encourage you to consider other candidates such as Marco Rubio or Ted Cruz.

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  • I received 1 year probation for driving with a suspended license in Georgia. Well I owe $129.00 in 2 days and don't see how I am

    I received 1 year probation for driving with a suspended license in Georgia. Well I owe $129.00 in 2 days (my case expires in 2 days) and don't see how I am going to pay it. What will happen?

    Zachary’s Answer

    If they wanted to do anything about that money you owe, they should have already taken out a warrant. Once the time runs out on your probation, they don't have any power to do anything about it. In 3 days, you should make sure there is no warrant for you. If not, then you're free and clear. Spend that $129 wisely.

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  • Should I plea guilty, nolo or fight for my 40-6-16 citation? Will nolo avoid points being taken off?

    I was driving on the rightmost lane on I-75 south just passed exit 254 on a night. I saw a cob with lights on in front which seemed fully on the shoulder. Since I was going to exit on the next exit (252), I did not consider to move over to the lan...

    Zachary’s Answer

    The law only requires you to move over if it is safe to do so. I have seen cases won where there was testimony that cars in the left lane made it impossible to move over and the driver slowed down to a safe speed when passing the emergency vehicle, so you may want to fight this one.

    I would recommend that you hire a good local attorney rather than attempting to handle the case yourself, as the judges are more receptive to arguments from a lawyer and we know the methods of introducing evidence and cross examining the officer.

    Best of luck to you.

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  • I want to know if it's possible to avoid jail time if possible to secure I don't loose job time or possibly loose my job ?

    I was charged with my 2nd dui within 5yrs

    Zachary’s Answer

    Depending on what jurisdiction your case is in, as well as your judge and prosecutor, it may well be possible to structure a jail sentence that would allow you to keep your job. The statutory minimum period of jail on a second DUI within 5 years is 72 hours. However, you may get credit for the time you already spent in custody waiting to bond out, and the judge may be willing to let you serve the remaining time on weekends or otherwise work with your work schedule.
    Of course, sometimes they want more jail time than the minimum. I have seen sentences of 10-60 days of jail on a 2nd in 5, but the vast majority are on the shorter end of that scale. A lot of judges and prosecutors, even if they are imposing a longer sentence, are willing to let you do the time on Work Release, which means you get out of jail to go to work on your regular schedule, then report back that evening. It's kind of like staying is a really bad bed and breakfast.
    Hire a good DUI lawyer to negotiate on your behalf and you will be much more likely to get the kind of deal you will be able to live with. Cobb County, if that is where your case is, is one of those jurisdictions where they treat folks with lawyers better than folks who represent themselves.

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  • Will I be able to get a drivers license in GA without restrictions?

    I was arrested in NY for DWAI - drugs (a DUI) which is an unclassified misdemeanor. I have a CT license. Although NY did not impose the interlock device penalty on me bc it was drug related, CT has. I just got my CT license back with the IID res...

    Zachary’s Answer

    I agree with both of my colleagues who have already answered. If there is a restriction of that kind on your license, Georgia will find out about it When they run a check as part of the licensing process here. In addition, the interlock requirement is usually made a part of the probation orders here, and I would assume they are in New York as well, so you would have to have the IID installed for the requisite period of time either way. It's going to be much easier to get a Georgia license once your CT license is cleared up without restrictiosns. Of course, if you have already moved to Georgia, you are required to get a Georgia license within 30 days of changing residence, so your hands may be tied and you may have to jump through the hoops anyway.

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