Currently on a conditional discharge program for a misdemeanor possession marijuana charge. I have completed all requirements and PO has told me should would we be fine with an early release. I have spoken to the original lawyer i hired she said we could give it a shot. If motion is submitted court date would be sometime in Jan and i would be at 5 months of my 12 month probation sentence. If motion is denied my lawyer said it can not be resubmitted for another 3 months? Is this true?
Would I be better off to wait a bit longer so that I am closer to 6 months or should we submit now? If denied my lawyer said she wont submit again for 3 months that would mean i would be at 8 months of my sentence. I am not a Georgia resident, i reside in FL so my reporting is done via a faxed monthly report.
There is not a statute that stops you from filing as many motions as you want, or as often as you want; of course, your interests would be better served by filing one strong timely motion. If you're denied, you can immediately file a new motion but would probably not get a different result. Waiting until you've hit the six month mark might put you in a better spot. If you decide to go with a different attorney, be sure to hire new counsel to help you.
The information provided is only a general answer based on the limited facts stated in the question. This answer does not in any way constitute an attorney-client relationship. Should you wish to hire an attorney, our firm, Singleton, Pasley & Nuce, LLC, would be glad to help, as we offer legal advice in family and criminal law (in addition to personal injury, medical malpractice, social security, workers compensation, and unemployment benefits).
I'm concerned that you appear to be representing yourself in this matter which is a terrible idea. Retain an experienced criminal defense attonrey in GA. Period.
Experienced Criminal Defense Attorney--Former Prosecutor--Put my experience to work for you!
I would go ahead and file your motion. If it is denied you can try again.
James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.
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