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Fighting charges of Disorderly Conduct/Fighting in GA (Clayton County). Plea of Not Guilty already enterd. Awaiting bench trial.

Riverdale, GA |

Hi. I live in Georgia and am 42 years old w/a clean record. I was recently charged w/disorderly conduct / Fighting (the right happened in my home). I've lready entered a Not Guilty plea. Situation? My 22yr old rebellious daughter wouldn't leave my house & ultimately we had an altercation. I got arrested. Upon getting out on bail and about 2 wks later, she asked me to take guardianship over her 2 children, and I have. I don't know what to do and cannot really afford an atty. I don't want to be in trouble when the truth of the matter is that my daughter (also charg'd) was in the wrong. What do I do? I go to court next week and feel completely unprepared. Please advise.

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Attorney answers 6


Do not have a bench trial, ask for a jury trial. If you cannot afford an attorney, ask for a public Defender. Based on your facts, there are defenses available to you and you need an attorney to skillfully present your case.

The advice provided does not in anyway create a lawyer-client relationship and is for general information purposes only.


It is worth the investment to hire an attorney, particularly in a case like yours with possible defenses and possibly eligibility for a pre-trial diversion program.

Jamie Hernan
Hernan Law Firm
Telephone: (678) 275-4000
Free initial consultations - Extended payment plans

DISCLAIMER: This answer does not constitute legal advice and no attorney client relationsip has been, or will be, created until a valid engagement agreement is signed. No duty arises from this posting. Answers posted here are general and made with limited knowledge of the actual facts of your case. Always speak with an attorney licensed to practice law in your jurisdiction if you wish legal advice specific to your case.


You seem to be aware of your situation correctly that you need a qualified legal advice before you do anything.
Definitely you are correct that you must have counsel for the present charges. Appear in court for the status as ordered and request the court to assign a Public Defender for your case citing your present indigent status.
From that point on, discuss your present concerns with that assigned attorney to address each issue in detail.
It appears that you have good logic and realize that you have to rely on counsel to complete this matter correctly.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one’s personal legal issues. Contact an experienced criminal defense lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602



I have tried twice to get a public defender; however, they state that since my case is a misdemeanor, I do not qualify. Are you suggesting that on the court date, I then request to be assigned a public defender? Would they do that?


You need an attorney!!!! NOW!!!! If you do not have an attorney and you would like to discuss the matter further, please feel free to give our office a call at 404-636-6616.


You have a very defensible case. You need to apply for a public defender if you cannot afford your own lawyer.


I'm not sure where you got the idea to have a bench trial. I'm not saying it's wrong, but I am saying that making the decision to forego a jury trial and have a bench trial hinges upon a multifaceted analysis of your case that only a seasoned criminal defense attorney can make. Erring on the side of exercising your right to a jury trial, as suggested by Ms. Veal above, is the better strategy.

One way or another, you need to get yourself a lawyer immediately. If you can't afford a private lawyer, apply for a public defender. It sounds like you have a number of positive legal and factual points that can be made to the solicitor.

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