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Jessica Katherine Stern

Jessica Stern’s Answers

42 total

  • I have The chargs of cruelty to children 1ST Two time and aggravated assauit and family violence battery

    hi i have no crimnal history do this. but will I have to do time?

    Jessica’s Answer

    Sentencing completely depends on the county, judge, district attorney and overall factual scenario of your case. There is no easy answer to your question, but there are a few things to consider.

    With the charges you have, you are looking at a sentencing range of anywhere between 5 to 20 years IF convicted. However, luckily for you these charges do not carry any mandatory time in prison - so any part of this sentence could be sentenced on probation, as a suspended sentence, or in confinement.

    The #1 thing on your side is that you do not have any criminal history. You always have better sentencing options when your record is clean. The older you are the better as well, because it shows you have gone throughout many years of life without getting into any legal trouble.

    My best advice to you is to speak to your lawyer. I don't know what county you're in and whether the public defenders are easily accessible (hopefully they are), but it is hard to give you advice without knowing the specifics. Talk to your lawyer about alternatives - maybe a DV program or see if there are any other issues you may want to address. You are eligible for 1st Offender treatment which allows your record to be protected even if you end up pleading guilty or are found guilty at a trial.

    You should call your lawyer and set up a time for you to meet and go over all of the circumstances. As long as this happens at some point before court, you should be fine. It might be a good idea to get yourself into an anger management or DV class or something like that just to show the judge you are taking initiative.

    Good luck, and try not to worry too much. It seems like you are concerned and asking the right questions - so you're already ahead of the game.

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  • Statue of limitation on misdemeanor probation

    is there a statue of limitation on a misdemeanor probation violation for not paying fines associated with traffic tickets? The tickets are no insurance and expired registration.

    Jessica’s Answer

    A "statute of limitations" does not apply to probation, but rather the amount of time allowed by law/statute for the State to prosecute someone for a crime it has knowledge of.

    I believe you may be wondering how long of a time period can you get in trouble for not paying fines associated with traffic tickets that resulted in probation? Is that correct?

    The maximum for a misdemeanor sentence in Georgia is 12 months, so you would have only been placed on probation for 12 months (unless there were multiple charges that were sentenced consecutively). You most likely had the 12 months to pay off the fines while supervised by probation.

    When you are on any kind of probation, you are ordered to have no further violations of the law and to comply with certain conditions. Your fines are a condition, and if that is violated during the time of probation. A Judge COULD revoke up to the remaining amount of time that is left on your probation (maximum 12 months unless multiple consecutive counts).

    For instance, if you were paying fines for 6 months, but in the 6th month you don't pay and probation puts a warrant on you for failure to pay - then a Judge COULD revoke 6 months that is remaining on probation. The Judge could either send you to jail for 6 months or add some other conditions of probation.

    Now, there are a few things that this depends upon:

    1st, you have to be found ABLE to pay, but that you are willfully not paying. In other words, if you are broke and legitimately cannot afford to pay fines, no judge can put you in jail for being poor basically. But if probation or the state or judge can show that you have the ability to pay or work, but willfully not doing so - you could be found in violation.

    2nd, the amount of time tolls once the warrant is issued. So, if you were sentenced to a year of probation in January 2009, it lasts until January 2010 IF no warrants are issued. If in July 2009, a warrant is placed on you for a violation, but you are not arrested on the warrant until Feb 2010 - you are not in the clear simply because the probation should have ended in January. Technically, you still have 6 months left on probation because the probation time tolled or stopped once the warrant was issued. A judge may take this into consideration and does not have to send you to jail - but it just depends on so many factors.

    I hope this answers your question. Good luck.

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