Archived
If my lawyer didn't file me under first offender act and I only have just that one felony, can I still get expungement?
Benjamin's answer
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Answered on October 12, 2019
There may be a way to get you retroactively sentenced under the first offender act. You’ll need to discuss this in more detail with a lawyer.
Archived
How do i go about making sure everything is fully restored?
Benjamin's answer
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Answered on October 12, 2019
Unfortunately, the revocation of your probation was still legal even though the new charge was dismissed. It’s a horrible aspect of Georgia law.
Archived
Would it be considered statutory rape if a 19 year old male had sex with a 14 year old female?
Benjamin's answer
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Answered on October 10, 2019
Yes, because of their ages this would be felony statutory rape.
Archived
If a person is indicted on plain kidnapping, can a judge charge the jury on both kidnapping and kidnapping with bodily injury?
Benjamin's answer
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Answered on October 08, 2019
I would need to know more information, but this certainly sounds like a potential issue for appeal, if that’s what you are inquiring about.
Do I have to register as a sex offender for cruelty to children 3rd degree?
Benjamin's answer
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Answered on September 29, 2019
Cruelty to children in the third degree is a misdemeanor, so you could not have gotten seven years of probation for that. You must be talking about...
How does Douglas County Jail count days of a sentence, do they offer 2 for 1?
Benjamin's answer
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Answered on September 27, 2019
Someone else may correct me, but I believe Douglas County does not do two for one at all.
Archived
Can the district attorney keep me charged with a felony marijuanna charge for two years with no indictment?
Benjamin's answer
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Answered on September 27, 2019
The statute of limitations for this offense is four years.
Archived
What should I do in response to a speeding ticket I was issued a week ago?
Benjamin's answer
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Answered on September 24, 2019
You can either take a defensive driving course, present proof of that to the prosecutor and ask if he or she will reduce it to 14 over the limit....
Archived
What is the statue of limitations for possession of methamphetamine less than 2 grams in Georgia
Benjamin's answer
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Answered on September 20, 2019
The statute of limitations for most felonies, including this one, is four years.
Archived
What should I do since I have a VOP for a new charge but the charge was dismissed?
Benjamin's answer
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Answered on September 19, 2019
Technically, they can still try to violate your probation, because the burden of proof is lower than when they have to prove guilt at trial....