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Jim Lee Whitlock

Jim Whitlock’s Answers

11 total


  • GETTING OFF PROPERTY BOND IN VILLA RICA GA' I SIGNED MY HOUSE FOR A DUI/CHILD ENDANGERMENT TIMES 2 FOR A TOTAL OF THREE DUIS

    SHE WAS ALSO CHARGED WITH SEVERAL OTHER TRAFFIC CITATIONS. SHE IS BI POLAR AND VERY UNSTATBLE RIGHT NOW AND HAS THREE KIDS LIVING IN HER HOME THAT ARE BEING NEGLECTED SHE HAS THREATENED TO LEAVE THE STATE MANY TIME IN THE PAST AND NOW IT APPEARS ...

    Jim’s Answer

    Most jurisdictions require that you surrender her back to custody at the same jail you bonded her out of. Of course finding her maybe a problem, but it will not be near the problem of getting her to go back to jail and let you come off her bond. It sounds as if you are running out of time if she has already been to court for the arraignment. Good luck in making that happen.

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  • Can the court really sentence me to an extra year of probation for failure to maintain lane when I get a DUI charge?

    Is this legal?

    Jim’s Answer

    Yes, the judge can and quite frequently does add an extra 12 months usually probation to your sentence for a more serious charge. Frequently you may ask for a sentence review after you serve successfuly the first 12 months. Often the defendant answers Yes to the judges question "do you need more than 12 months to pay your fines?" That extra 12 months of probation in order to pay your fines will dramatically increase the total cost of the disposition of your case, not to mention doubling the time in which you must be very meticulous not to "screw up", while on probation.

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  • If you are charged with a DUI and it is reduced to Reckless Driving, does that still count as a first DUI in 10 yrs?

    If in the future I got a DUI again, is that going to count as a second or a first? Which I hope will never happen.

    Jim’s Answer

    No you do not have a DUI resulting from the DUI arrest if you pled to a lesser charge of Reckless driving. However it may be important to remember that should you have an occasion to have a Judge or Prosecutor review your record for insight as to mcharging you or sentencing you on a subsquent charge, they can make whatever decision they want (legally) as to the fact you were arrested for DUI befor. I once had a prosecutor call the arresting agency for one of my clients prior arrest and got copies of the incident report and police report before he would make a recommendation. Most of the time the quest is have you had a prior DUI, and that would be no if it was reduced to Reckless driving.

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  • Reside in Georgia, 18, and was recently arrested for M.I.P and open container. First offense. How would I go about removing it?

    I have heard of something called "expunging"

    Jim’s Answer

    I agree with Mr. Proctor. Getting an expungment in Georgia is a very narrow and limited opportunity. First offender will keep the disposition off your record if you qualif for FO. But it won't erase the arrest. If you plea guilty, or, you are found guilty, even if you plea guilty under the first offender act and complete that program, you do not qualif for an expungment of the arrest. Some courts refer to pretrial intervention (PTI) and some have what they call pretrial diversion.(PTD) These programs are not necessarily the same. Have your lawyer to check with the prosecutor, first to see if you qualifiy for either of theses dispositions and Do??? they allow you an expungment of the arrest after successful completion? Good Luck, The Godfather, Jim Whitlock.

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  • What is an arrainment for a first time dui ?

    i have no drug or alcohlol convictions... my last moving violation was in 1998.. before that 1991 speeding

    Jim’s Answer

    By the nature of your question, I'll assume you do not have a lawyer. I agree with the answers that the other lawyers have given to this question. It is not unusual for Solicitors to not get very interested in a case until it is scheduled for an arraignment. It often seems that a case has fallen throught the cracks. Then the arraignment. Your case will most likely move along at a pretty good clip now that you have an arraignment date. Your attorney legally has only 10 days after arraignment to file motions. That may be extended, but if the judge says no, then thats it. Your attorney will know what motions to file, what if any defense you may have and help you decide after receiving the information he receives from the motions he has filed whether you should go to trial or negoitiate a plea. It may seem to you that not very much will happen at arraignment, however, what happens atarraignment, or shortly thereafter, can put a lot of things in play regarding you case. The first thing you need to do is hire an attorney, one who knows DUI Law. Get all the paperwork you have from the incident make an appointment, and plan an approach to your DUI charge, which is prehaps the most intricate misdemeanor violation in Georgia. Good Luck. The Godfather. www.jimwhitlock.com

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  • I've been charged with a D.U.I, Fleeing and eluding, Obstruction to law officer and failure to maintain lane (read details)

    D.U.I (refused breathalyzer and didn't get a sobriety test) Fleeing and eluding (drove normally for a block and a half to big parking lot instead of pulling to a residential drive way) Obstruction to law officer (after I stopped in the parking l...

    Jim’s Answer

    Cnsidering what you want to accomplish, with what you are charged with, you've got more problems than a New York Show Dog could jump. You need a good DUI Lawyer, and first establish what your priorities are. If your first priority is jail time., here in Fayette County, a first DUI would usually get you a 24 hour jail sentence; however, they would offer you 6 months in jail for the attempting to elude the police. You could loose your driver's license 3 different ways. You very definitely need to get a good lawyer and determine exactly what you need to do with your case. It certainly won't be for you to just show up and tell the Judge you did it, but you won't do it again. Do yourself a favor, get a Lawyer and good luck.

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  • My ?? is due to my current standing in the case would I be considered convicted of any crime here since all charges were dropped

    Hi, unfortunately a few months ago I was arrested for battery domestic violence and marijuana under 1 oz. This was my first arrest ever, so after the arrest I got a lawyer and then came my first court date ( besides the one at the jail a few hours...

    Jim’s Answer

    It sounds as if the charges were dismissed through a pretrial diversion program or pretrial interventtion. You were probably not convicted of the charges, however, you may or may not have had your arrest expunged. You should contact your lawyerand determine if that's the case. Otherwise, you may, from time to time, find yourself explaining all of that based on the fact that the arrest is still on you GCIC report. Your lawyer should know if the record was expunged. If it was, then neither the arrest nor any conviction would be on your record. Either way your lawyer would know.

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  • DUI. Do I have other options?

    Hi. I need some advice on a matter. I was pulled over in doraville, GA for DUI, wreckless driving, failure to maintain lane and speeding. I was 0.12 on the breathalyzer. As far as the cop was concerned he even told me that I should only get"done" ...

    Jim’s Answer

    I agree with other answers on this thread, but would like to ad just this: Although you have some opinions as to prehaps not being an alcoholic, you've done well on a pysch evaluation and you are a family man with children, all of this is not revelent, unless you have successfully filed ad won a motion to suppress. And as far as the offcer saying that you're likely to get a reckless driving out it, don't be surprised if he testafies te did't say that and your were itoxified and may have thought that. I don't want to be a prophet of doom, but ifI could get every .12 DUI client a reckless based on what you have recited to us here, I ould have retired rich many years ago. In any case good luck, and if your attorney has been able to get your case reset for 3.5 years preghaps you need to talk with him again after reading these insights to your case.

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  • How to know if I should avoid this particular lawyer

    I am looking to retain a lawyer in NJ for divorce. What are the red flags I should be on the look out for and avoid those lawyers. I wish I had been more open to listeneing to others when deciding to marry this girl, I would not be here asking ...

    Jim’s Answer

    I agree with the ther aswers given you under this questin. You might see that most will give you a free initial evaluation of your case. Look in th yellow pages or go on line to see wich attoreys in your partof the state handle divorce cases. Attorneys usually advertise the area of law they practice andas it turns out is the area that their expierence is in. You will have to use your gutfeeling as to whom you think you can best work with.
    Good Luck, Attorney Jim Whitlock, The Godfather

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  • Interlock and Georgia laws do I have to get the interlock or can I just wait out the hard time and not get the interlock?

    2 nd Dui even know I was not drunk but a car wreck did happen because the other driver was driving without head lights on at 9:35 pm. But I did not yeild the right of way as I didn't see the car before it hit me in the passnger rear door and tire....

    Jim’s Answer

    If you are trying to get out of the Interlock devise, you will discover that it is somestimes possible, but most always difficult. Ifyouliveed out of state, that would be somewhat of a primeafacia hardship tht you could alleged and have high hopes of having the judge agree with you. Not having a car to put the interlock may not be onsidered by the judge, at least until a year later whe you actually have to have it installed o your vehicle.
    Maybe this has been helpful, Good luck Attorney Jim Whitlock, The Godfather

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