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Leonard Dean Myers Jr.

Leonard Myers’s Answers

6 total

  • How much time could a first time felon get for a gun?

    My fiance is a convicted felon already...and he was caught with a gun...not sure if it was loaded or not but is it possible for someone to tell me the outcomes in both cases....he seems sure that he will get out not sure if that was what his lawye...

    Leonard’s Answer

    The punishment for a first offender probationer or a convicted felon in possession of a firearm is 1-5 years. That sentence may be anything between five (5) years confinement and one (1) year on probation, the most and the least. However, the answer you are searching for may not be answered fully by simply knowing what possession of a firearm by Convicted Felon or First Offender probationer carries.
    In Georgia, one can be charged with other crimes arising out of the possession of the firearm. If charged with possession of a firearm during the commission of certain felonies, one may receive five (5) additional years, which must be consecutive to whatever the felony committed carries.
    Additionally, if your loved one has committed certain crimes through the use of a firearm, that can result in the imposition of imprisonment for fifteen (15) years consecutive to the underlying felony. A second offense of this nature carries life imprisonment.
    The above bad news only addresses the new charges. He may have some period of time remaining on either parole, probation or both. In that event, the remainder of either or both may also be revoked, alongside the punishment for new charge(s).
    These questions cannot be fully answered online, as the analysis is fact driven. Also, local counsel may be able to shed some light on what normally happens in similar cases brought before the presiding judge(s) in that circuit. He should be speaking with an attorney as soon as possible. If he doesn't have one, he should. If he cannot afford one, one could be appointed to him by the Court. The proverb rings true . . . "every man who is his own lawyer, has a fool for a client." He should make sure he isn't that fool. Good Luck.

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  • When applying for school, what criminal background do I have to disclose and how can that affect my admission?

    I'm applying as a transfer student (with a 3.8 GPA) to Georgia State University for this fall. The application asks if I have any pending or dead docketed charges as well as any guilty or nolo pleas or any convictions. I've never been convicted of...

    Leonard’s Answer

    I feel this is not the time to be less than 100% honest. With your GPA of 3.8, one would certainly think you would be in great shape to transfer. However, if you don't honestly and openly disclose these matters on the application, and if the school finds out, you are giving the school an easy way to refuse the request to transfer. Even worse, you could get the transfer and then be thrown out for falsifying the contents of your application package.

    Personally, I would take the "Honest Abe" approach and disclose the facts. Alot of this can be explained by way of submission of other supporting documentation, like certified copies of hte Nolle Prosequi. Further, one might want to supplement the application with a statement of the case from your point of view regarding the facts that led up to the charges, the severity of the charges (misd. vs/ felony) likelihood of you being convicted on current pending charges.

    As for the ability of the school to reject your transfer request, that will be governed solely by their internal policies. However, if there is "wiggle room" in those policies, one would certainly believe that the school would rather have an honest student with a 3.8 over a dishonest student (irrespective of their GPA). You should look closely at what will occur from the standpoint of student financial aid, HOPE dollars, pell grants, scholarships, stipends if you are ultimately convicted of a felony grade offense. Good luck to you.

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  • Whats the worst you can get for simple battery in ga?

    have been arrested for prank phone calls 8 years ago and driving on suspended license bout 5 years ago

    Leonard’s Answer

    The maximum penalty is 12 months in the county jail, and $1,000.00 fine. The minimum is any lesser period of time on probation.

    There are some variables that are fuzzy here. If the simple battery occurred against certain protected classes (the elderly, a family member who is living in the residence with you, school employees, pregnant persons, a law enforcement officer, etc.,) the penalty can be more severe. Depending on the nature of the battery, the prosecuting attorney could always decide to increase the charge to a felony grade offense. This would require the prosecuting attorney to present your case to the Grand Jury for indictment.

    Whether this case is going to be handled by plea or by trial, it is always, let me say that again . . . ALWAYS a wise move to hire an attorney at the onset. If you cannot afford one, contact the Clerk of the Superior Court where this allegedly occurred, and get the number for the Public Defender's Office. Good luck to you.

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  • Failure to Appear. Bench Warrant? Will my husband be granted bail? How long will he have to sit in jail?

    My husband was charged with a fraud felony two or three years ago, he has been to every court appearance until recently we turned homeless, moving from hotel to hotel with our son and had no notification of the next court date. 6 months later, he'...

    Leonard’s Answer

    Contrary to popular belief, bonds are not automatically obtained in all jurisdictions. Some bonds can be set at the jail, but others can only be set by a Superior Court Judge. Once a FTA has been issued, it normally requires the latter. I strongly recommend hiring an attorney (if you cannot afford to hire one, make application to the public defender's office). In some circuits, the prosecutor will agree to reinstate bond. The bond might be set higher, or the bond may have new conditions added to it. However, in some circuits, the prosecuting attorney may use the bench warrant for FTA as leverage to dispose of the case by plea.

    If your husband has a good history of showing up since the date of his initial arraignment, the explanation for his absence might be persuasive enough to get the prosecuting attorney to agree to reinstatement of bond without additional conditions.

    One should note that most reasons for ones' failure to appear fall upon deaf ears, as the defendant has a duty to keep the court informed of his or her whereabouts. A change in ones' address should trigger three telephone calls, one to the clerk of the court in which the case is pending (insuring that the clerk has the right address so that all notices can be received) one to the bonding company (as they can decide to turn him in and "come off the bond" if they feel he is a risky client) and one to the lawyer that is representing him.

    Depending upon the circuit in which the crime is alleged to have occurred, your husband has some chance of getting his bond reinstated. However, the person best equipped to tell you if, in all actuality, he will get his bond reinstated is the defense attorney who is advocating his position. Good luck to him and to you, and hope the delivery goes well.

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  • If i have proof that my fiance lied to the police could i get my chargers dropped

    my fiance statted to the police i grabbed her shirt and she did nothing so they arrested me because they said i was the main agressor and issued a no contact and tpo i have been complying with those orders but i was browsing facebook and saw where...

    Leonard’s Answer

    You are wise to have involved an attorney. You should share this information right away with him/her. As you probably know, social media is a "new beast" that both prosecutors and defense attorneys can use to their advantage. Keep in mind that the mere fact that the Facebook postings are online does not necessarily mean that she posted the information. You should screenshot the information to insure you can "prove" it was posted.
    I cannot stress enough that you need to share this information with your attorney ASAP. I commonly see "victims" being advised to suspend use of and delete their active Facebook accounts. You want to preserve this posting in the best manner possible to use in negotiations with the prosecuting attorney's office. Try, if you screen shot the information, to catch any comments by others regarding her posting. This may identify persons that would be able to support your position, should the case ever go to trial.
    Commonly, when a client has a TPO, I see a violation of the TPO by posting on social media. The prosecuting attorney has a much easier job in getting your bond revoked if you post to her, about her, or post messages that they will argue were posted with the intention of reaching and having contact with her. This includes persons who are truly trying to help you and advocate for you. Long story short ..... inform your attorney and govern yourself according to the terms and conditions of your bond, including the TPO. Good luck to you.

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  • Can a charge be dropped if there is now personal evidence and miranda rights were not given?

    My oldest brother went to a hotel to loan our younger brother money. When he got there he was arrested for setting up a drug deal with an under cover agent via text messages. But my younger brother had my oldest brother's phone with him. They als...

    Leonard’s Answer

    Charges are rarely dismissed without intervention by an attorney. If your brother was arrested, the police either (1) think he did it , or (2) was a party to the crime by some manner by which he helped facilitate the violation of Georgia law. Law enforcement officers have already made this arrest, and have moved on to newer matters. The prosecuting attorneys are not necessarily going to change their position regarding prosecution unless there is a great amount of evidence to the contrary.

    Miranda only applies to custodial statements (statements given to police by a person who is in custody). Additionally, it does not apply to ministerial statements, such as a defendants' name, address, etc. True violations of Miranda mean that the statement or statements given by a defendant cannot be used against him at trial. Additionally, evidence that bolsters the prosecution's case against the defendant that are gained by and through the statement that was improperly obtained might be suppressed as "fruit of the poisonous tree."

    In any event, a failure to mirandize your older brother does not mean that charges will be dismissed. Your brother needs an agressive advocate, an attorney who will fight for him and his rights. He needs an attorney right away. Good luck to him.

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