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Ashley L. Schiavone
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Ashley Schiavone’s Answers

5 total

  • What will happen at my court date

    Me and my good friend were sitting outside a hotel about to go inside when the cops pulled up behind us. She got out of the car and found a grinder in between my seat. She just gave me an Ordinance for Unlawful Possession of Paraphernalia. She the...

    Ashley’s Answer

    It all depends on the Prosecutor and court that you're in- but typically in Municipal Court the Judge will give a quick introduction and explain what happens at "Arraignment." He or she will then call the calendar and when your name is called, ask how you want to plea: either Guilty, Not Guilty, or Nolo Contendere. If you do not have a lawyer, you do have the right to ask for a "pre trial conference" with the Solicitor. (Prosecutor). That is an opportunity to discuss your case with him/her and see what they are willing to offer you. Just keep in mind that the Solicitor works for the State and can not give you any legal advice as they do not represent you. If you would feel more comfortable with someone else negotiating on your behalf, I suggest you speak with a lawyer and look into representation.

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  • Is there anything that can be done to lower the charges? Is there anything I can do? Can I get the court date pushed back?

    I live in Louisiana. I was arrested for reckless driving speeding on the freeway in Georgia. . The officer assumed that I had been drinking. He asked me if I wanted to take a blood test and I declined. He charged me with dui as well. I wasn't ...

    Ashley’s Answer

    Having the court date pushed back and ultimately having the charges reduced are possibilities best obtained through the help of legal counsel. A qualified defense attorney who is experienced in DUI practice will gather all of the evidence in your case and assess the strength of your case by evaluating whether there was reasonable, articulable suspicion for the stop, probable cause for arrest, any coercion issues, proper reading of Implied Consent, valid consent or proper refusal of any state chemical test, the effect, if any, of blood pressure and blood sugar issues on any chemical test result, ect. After evaluating your case, a lawyer can then negotiate with the Prosecutor assigned for a possible reduction in the case. Depending on the county and where you court is held, it may be possible to push the court case back on your own- usually by appearing and asking for a continuance so you can have more time to hire a lawyer. Remember, however, that if you do NOT have a lawyer, you must appear for any and all court dates to avoid getting a bench warrant for your arrest.

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  • Am I still able to get my bail money back?

    My husband had went to jail and I paid his bond straight to the jail to get him out. He already went to court and he pled guilty or nolo ( can't remember which one) but they gave him a fine of $600 dollars to pay before June 3 2016 without probati...

    Ashley’s Answer

    It depends on whether you used a bonding company and paid only a percentage of the total bond, or paid the entire amount yourself. If you paid the entire amount yourself, you will receive that full amount back after the close of the case, via mail. Prosecutors will often give defendants the option to apply the bail money towards their court fine, but usually require the permission of the actual person who posted the amount first.

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  • This is my first charge. I cant really afford a lawyer, what should I do.

    I was arrested in my school dorm for possession of marijuana and drug paraphernalia (grinder) The grinder wasn't mine and someone took ownership for it, but it was still listed on my charges. The marijuana (less than an ounce) wasn't mine either...

    Ashley’s Answer

    At your first court date, which should be arraignment, tell the judge your financial situation and ask to apply for a public defender. Depending on certain factors relating to your finances, you may qualify for appointed counsel if the judge finds that you are indigent.

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  • What is the PRETRIAL diversion program in Georgia & how can I benefit from it

    Forgery 4th degree (Misdemeanor)

    Ashley’s Answer

    Every county in Georgia varies on the type of diversion programs that they offer and charges which qualify for diversion. Overall, however, the benefit of these types of programs are dismissal of the charges and often expungement from your criminal history. Most programs require defendants to complete certain requirements while on a probationary period under the court's supervision. Requirements often include, but are not limited to, a program fee, community service, Drug and Alcohol Evaluations, random screens, and other rehabilitative courses related to the particular charges. If all is successfully complete, the charges are dismissed.

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