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Idontknow

Threatened with home seizure in criminal case GA

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I am in a current criminal proceeding and have a criminal attorney, but the State has intimated that there could be a civil proceeding brought forth to seize my home. 

I have not been indicted and today is 15 months since the incident date. The state has offered twice, in two different way, to drop the case if I move. I can’t afford to move financially.

They offered a plea deal which also included me moving so I couldn’t do that. They removed that part of the plea, but now they are indirectly threatening to start a civil proceeding to seize my home. 

Should I contact another criminal attorney or hire a civil attorney?

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In what way did they "indirectly threatening" this?

 

You say another criminal attorney, that would imply that you have one now.  What does he say about this indirectly threat?

 

Also, what are you charged with?

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18 hours ago, Idontknow said:

I am in a current criminal proceeding. . . . 

I have not been indicted

 

If you haven't been indicted, then what do you mean that you are "in a current criminal proceeding"?

 

 

18 hours ago, Idontknow said:

Should I contact another criminal attorney or hire a civil attorney?

 

Since you already "have a criminal attorney," I can't even conceive of why you'd think you might want another one.  As far as "hir[ing] a civil attorney," since you "can’t afford to move," how could you possibly afford to hire "a civil attorney"?

 

All that aside, I suggest you direct your question to your current attorney.

 

 

17 hours ago, PayrollHRGuy said:

You say another criminal attorney, that would imply that you have one now.  What does he say about this indirectly threat?

 

Also, what are you charged with?

 

It's more than implied.  The first sentence of the post says that the OP has a criminal attorney, and the second sentence says he/she hasn't been indicted yet, so he/she hasn't yet been charged with anything.

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I was arrested and we are currently going back to court for a bond modification this Thursday. 

I cant get a new mortgage, but I’ll go into debt hiring additional or new attorneys if it means protecting myself. 

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On 5/23/2019 at 5:51 PM, PayrollHRGuy said:

In what way did they "indirectly threatening" this?

 

You say another criminal attorney, that would imply that you have one now.  What does he say about this indirectly threat?

 

Also, what are you charged with?

I was charged with making an explosive device. I was making model rocket engines less than 100 grams. The GA definition of “explosive device” is 4oz of propellant. So what I made does not even meet the weight requirement of the legal definition.

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You waited 5 days and only answered one of 3 questions I asked and really didn't answer the one you tried to answer.

 

So in addition to my other two questions. Were you charged under § 16-7-82 ?

 

 

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5 minutes ago, PayrollHRGuy said:

You waited 5 days and only answered one of 3 questions I asked and really didn't answer the one you tried to answer.

 

So in addition to my other two questions. Were you charged under § 16-7-82 ?

 

 

My apologies, I just realized I didn’t have notifications turned on. Yes, that’s what I was charged with. 

 

The ADA indirectly threatens the seizure by “finding” the Civil statute moments before going before the Judge whilst my attorney and I were conferring about the plea deal.

 

My current attorney wasn’t familiar with the seizure statute citing that it was civil law and not his focus. We postponed until this Thursday so that he could research it.

 

I am considering additional/civil attorneys to cover the scope of what I am facing and provided additional perspective.

 

 

 

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5 hours ago, Idontknow said:

My current attorney wasn’t familiar with the seizure statute citing that it was civil law and not his focus

That surprised me since civil forfeiture has been in existence in GA with regard to drugs for years.  The legislature amended the code effective in 2015 to add a statute under the civil code (Title 9, Chapter 16).  It got a lot of online coverage at the time.  It may be in civil code but the forfeiture is tied directly to your criminal case....

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