legalfiction677

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legalfiction677 last won the day on September 15

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  1. Did you not have to go before the sentencing judge during the probation revocation hearing?
  2. It would be best if you created a new thread,if you are seeking legal guidance to the question you have asked.
  3. I understand that,but it doesn't matter.If the Parole Board came aware of the illegal contraband after granting parole,it was not factored into their decision,and they have the authority to take back(rescind)or otherwise revoke the parole,and send someone back to prison. All it takes is just slight evidence of guilt,and their belief that the parolee was involved in criminal activity prior to being released on parole.Parole boards rely on prison behavior too in making their parole decisions.Besides parole being revoked,,they can still be charged with the contraband too.
  4. I would think if the parole board was aware of this,parole could also be revoked,in addition to any new charge(es) being filed.Different rules apply for probationers and parolees,like the parole board initially granting someone parole,and then resinding it.
  5. Here's another thing you can do.Call the Clerk of Court,for the same court the case will be held in,and see what they show for a court date.
  6. Okay,these details are just important,that's why I ask,and there's the other question about the case out in Mississippi,but you must not be too interested in that case. Now this is the thing about the charge of "Driving Without A License."It's a misdemeanor,and when he bonded out,he should have been told,he would receive a court date,but there are instances too,where the jail can provide that information upon release from jail,otherwise,he was probably told he would receive his court date in the mail. I ask about the Da's office you called because if they had no information on the case three months after your Father's arrest,you may have called the wrong courthouse,but since your sure you called the right place,then your Father will just have to wait to receive his court notice.
  7. Hi there: I have a few questions,I need you to answer in order to better assist here. First off,on the case in Mississippi,Did your father actually have a trial on the possession case,or enter a plea of guilty that resulted in the 30 day sentence? Are you sure,you contacted the right DA's office for the court the case would be held in? These are inportant details that need to be included to help better answer your concerns.
  8. On a side note here,you are right,that is what this board is for,except it more to provide legal guidance that gives you a better understanding of the legal issues you have,and point you in the right direction,such as getting a lawyer in your jurisdiction that can provide you with the more specific answers you need. In this process though,sometimes,you do get just the answer that you really need,and that's always a bonus on here when that happens.
  9. All the posters comments with regards to the procedures that the police followed are all pretty standard,and we do pretty much the same here in Georgia too.The questioning of your daughter was legal as well.It seems apparent from your posts that they were more concerned for her safety,being a minor,and her boyfriend 21. first off,they weren't trying to illicit incriminating statements from here about weather she had been drinking,the breathalyzer test already seemed to indicate some evidence of that.Instead,they were trying to determine that your daughter had not been harmed or given any drugs,that much,I'm sure you can appreciate. As far as the bathroom incident,I would agree,that was a bit inappropriate,and should be avoided as much as possible,but the circumstances probably made it necessary,still nothing illegal or that an Attorney would even be interested in. Now,i'm sure your daughter was very upset over the whole ordeal,but at least,it looks like she escape any criminal charge(es)
  10. You are quite welcome,and I hope every turns out for the best.you have a great weekend as well.
  11. Now some of this is really becoming overwhelming,and if you go back over the previous posts I've made,you will see,I've attempting to answer some of your concerns,that is,the ones you brought up,until your most recent posts. Just being very practical here,I personally would not want a lawyer who refused to return any of my phone calls or refuse to meet me at some point if that meeting was to provide any new or updated information,but that is a fact you didn't mentioned until now. That said,lawyers are very busy people with numerous cases and clients.They spend much of their days in court,arguing motions,pretrial conferences,as well as trials itself.So just a few questions here.(1) what was the last contact your friend's Attorney had with him? (2)What all was in the retainer agreement that was signed for the $10,000,specifically,did the Attorney agree to represent him at trial? The reason,I'm asking this is because,whether you like it or not,if,the agreement doesn't call for trial representation,then,his options will boil down to,(A) Accepting a plea agreement,assuming one is offered,or (B) Counting your loses,and getting a PD,or hiring another private Attorney. If he did agree to represent your friend at trial,and you already told us the trial is not until January,a lot can still take place prior to trial,such as getting those original emails from the ISP,and taking the time to examine more fully all the state's evidence,so with four months to go,there's still plenty of time to be prepared for trial.
  12. No need to apologize,and I understand.Now in part this is what the Stalking Statute says: 18-3-602. Stalking - penalty - definitions - Vonnie's law. (1) A person commits stalking if directly, or indirectly through another person, the person knowingly: (a) Makes a credible threat to another person and, in connection with the threat, repeatedly follows, approaches, contacts, or places under surveillance that person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship; or (b) Makes a credible threat to another person and, in connection with the threat, repeatedly makes any form of communication with that person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship, regardless of whether a conversation ensues; or (c) Repeatedly follows, approaches, contacts, places under surveillance, or makes any form of communication with another person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship in a manner that would cause a reasonable person to suffer serious emotional distress and does cause that person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship to suffer serious emotional distress. For purposes of this paragraph (c), a victim need not show that he or she received professional treatment or counseling to show that he or she suffered serious emotional distress. In a nut shell,it's all about making a "credible" threat to someone,and in connection to that threat,actively have any contact with that person through following,approaching,or any other form of contact,to include emails as well.It does state that it's a Class 5 felony. I know you have previously mentioned,that no threats of any kind were made,and you make no mention of following this woman or any other contact besides emails.That said,it's very important that you should know,that every element of the charged crime(Stalking) will have to be proved by the state beyond a reasonable doubt.So basically that means,that even if one element of this Statute is not proven by the State,your friend's Attorney can motion the court for a dismissal of the charge,simply because the state has failed to meet it's burden. It would really be best to let the Attorney,examined all the emails,and make his own determination as to what may seem altered or fake,and go from there,but as I mentioned earlier,screen shots of the emails would be very convincing,and I don't see how any of those could be altered in someway,at least not without expert assistance. Here's the link to the Statute you provided us.http://www.lpdirect.net/casb/crs/18-3-602.html
  13. LegalwriterOne:Thanks for backing me on that one.Also,all this talk from the OP,about ineffective assistance of counsel,and hiring a new lawyer.I have yet to see anything that even remotely suggest that the attorney in question here isn't following what he feels is the best course of action for his client.
  14. ElleMD: I couldn't agree with you more on that.As far as criminal law goes,this is one of the better laws we have in place both in Georgia,and everywhere else cross the country.I dare say though that because their in a relationship,and assuming she's being truthful that the parents approve of them having sex,it will most likely will never be discovered.
  15. You quite welcome.My answer for you is "spot on"and best of luck to you.