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-   Criminal Law (https://www.askmehelpdesk.com/forumdisplay.php?f=407)
-   -   First Offenders Act (https://www.askmehelpdesk.com/showthread.php?t=412818)

  • Nov 23, 2009, 09:52 AM
    katieokell

    Keep in mind I live in Canada, so my knowledge of the law might be slightly different than what is actually the case in the US
    The evidence that the police found is in fact valid, because you opened the door. By opening the door, you are consenting to them entering your house (or hotel suite) and you are liable for anything they find in plain sight. They are not allowed to open locked stuff, or go tearing through sofa cushions without a warrant. However it is completely in their limits to request entry to a house, and if entry is given they may walk around and if they see anything it's fair game.
    Barring that, if you can prove that you had no idea the coke was in there, that you hadn't been in that room, etc, then you're safe. You should not be held accountable for the actions of others. However, if you have priors, if they found your jacket in the room that had the coke in it, or if there is any other evidence or history that might suggest that the coke might be yours, or you may have been involved with it being there, you may be in some trouble.
  • Nov 23, 2009, 10:02 AM
    Alty

    This thread should be combined with all the others the OP has posted.

    Keep all info on the same topic together. You won't get different answers just by posting the same question over and over again.
  • Nov 23, 2009, 02:04 PM
    jeffect
    Filing a motion to suppress
    If you have been offered a plea deal but I am not sure If I want to take the deal. My lawyer wants to file a motion to suppress. If we are granted the motion but lose at the hearing. Will the ADA still have the same offer or will I have to go to trial?
  • Nov 23, 2009, 02:22 PM
    stevetcg

    A deal can be reached right up to the point of judgment. Will it be the same deal? Depends on what is suppressed, the mood of the DA, the strength of his case and of yours, the crime, your history, his relationship status with his wife, the time of day, how much coffee he has had and if he wants to.
  • Nov 23, 2009, 02:30 PM
    jeffect

    Good point
  • Nov 24, 2009, 03:21 PM
    jeffect
    Federal Prison
    My boyfriend was sentenced to 24 months in the BOP back in May 09, for violation of federal probation. His release date is 01-12-2011. He applied for the RDAP program and was told he did not have enough time to complete the program. So he applied for the outpatient drug program. His counselor says they are starting a new program in Jan or Feb. I know for the RDAP program you get 6 months halfway house. Do you also get 6 months halfway house for completing outpatient treatment as well?
  • Nov 24, 2009, 03:35 PM
    excon
    Hello again, j:

    I don't know, and if anybody around here would, it would be me... You can CALL his case manager, though, and ask.

    excon
  • Nov 25, 2009, 08:10 PM
    jeffect
    Federal Halfway house
    How long before a person who is incarcerated in federal prison will know when they are going to a halfway house and how long they will go? Do they give you a specific date or how does the whole thing work
  • Nov 25, 2009, 09:53 PM
    JudyKayTee

    All of your posts about your boyfriend and Federal prison should be combined because in combination they make better sense.

    https://www.askmehelpdesk.com/crimin...on-419058.html is one of them.
  • Nov 30, 2009, 09:38 AM
    katieokell

    Hi jeffect,
    It seems like you don't know exactly how to achieve the things you want through the legal system, and you're relying on hearsay to decide your actions. Before making any important decisions, you should do some research.
    Erowid Freedom & Law Vault
    Has some great links. All the facts are about the US legal system. This site may really help you out.
  • Nov 30, 2009, 11:03 AM
    JudyKayTee
    Quote:

    Originally Posted by katieokell View Post
    Hi jeffect,
    It seems like you don't know exactly how to achieve the things you want through the legal system, and you're relying on hearsay to decide your actions. Before making any important decisions, you should do some research.
    Erowid Freedom & Law Vault
    has some great links. All the facts are about the US legal system. This site may really help you out.



    Not all the info on this site is correct and I would hestitate to use it as the ONLY legal resource. It is very "pro drug" (for lack of another phrase) and I could see that causing a problem for someone who does not understand the system.

    In connection with other legal resources it is good.
  • Jun 18, 2010, 09:39 AM
    slim92g
    Quote:

    Originally Posted by jeffect View Post
    Well I finished my first offender probation on sept 11 09. This was in Fulton County. Almost 2 months later I applied for a job and was denied due to a felony on my record. The only charge I had was this one in fulton county. The probation dept. failed to do its job of course. They never sent my paperwork to the GCIC to have my charge sealed. And I had to go to the courthouse several times and the probation dept. I finally got on the phone with the Chief of the probation dept and wanted to know why my paperwork has not been filed. She informed me she would get to the bottom of it. my PO called me a couple hours later and said that the judge signed my first offender discharge on Oct. 28. But he had not submitted to the GCIC. Why, I have no idea. Completely incompetent in Fulton County. I just received a copy of my first offender discharge and I have to fax it to the GCIC myself. So if you want to make sure everything turns out ok make sure you are on top of your game.

    Would you happen to no the number to the GDIC and what does that stand for.
  • Jun 18, 2010, 11:48 AM
    JudyKayTee

    It's the Georgia Career Information Center, GCIC, not GDIC. Contact Us at GCIC
  • Dec 11, 2011, 01:21 PM
    tmckibben
    I have a first offender probation and I been on it for 3 yrs and I paid off my fine, I wanted to know can I get a job still with a first offender? The charge was theft by conversion
  • Dec 11, 2011, 02:21 PM
    JudyKayTee
    Will it show up on a background check? Pretty likely.

    Will someone hire you despite your record? Possibly.

    Nothing set in stone.
  • May 23, 2012, 05:18 PM
    blara
    OK may be you can help me my husband was charged with cocain possession in 2003 under the first offender act and now ice has him and they want to deport him cause they don't except the first offender act so what shound I do
  • May 24, 2012, 05:19 AM
    JudyKayTee
    Hire a VERY good Immigration Attorney. I just read an article in today's paper that Immigration is getting tougher, has added more agents.

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