I’m on probation in Tennessee but I live in Atl. What do I do?

Question:

Do I have to go to the state I’m currently on probation to get it transferred to the state I reside in? I’m on probation in Tennessee but I live in Ga. I didn’t know I was on probation in Tennessee. I want to get the probation transferred to Georgia but I’m being told I must travel to Tennessee to initiate the transfer and it could take anywhere from two weeks to 1 month. I don’t have the means to travel like that and I’ll lose my job. Do I have to go to Tennessee just to get my probation transferred down to Georgia?

 

Lawyer Anwser:

Yes you or someone on your behalf would have to go to Tennessee to address the probation. You may want to hire a local Tennessee attorney that can probably handle a lot on your behalf without you present. But you would have to address this in Tennessee at least to get a transfer. The other attorney answers are great as well.

 

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PLEASE, IF THIS ANSWER WAS HELPFUL, LET OTHERS KNOW IT.  LEGAL DISCLAIMER: No attorney-client relationship is established on the basis of any information provided by Tiffany Simmons (Simmons Law). To establish such a relationship, a written fee agreement must first be executed by the attorney and the reader. The responses given by Tiffany Simmons are in no way intended to be actual legal advice, and they should not be interpreted as such. WE ARE NOT ALLOWED TO “COACH” ANYONE either here online or by telephone should a reader happen to call us. Instead, our responses are given as general information to be considered, reviewed and confirmed by an attorney more familiar with the reader’s particular circumstances. All information posted herein is specific to the laws of Georgia and should not be considered as information for the public at large. If you find yourself involved in a legal matter, seek assistance from an attorney in your local area. No reader should rely on any statement made here without first verifying it, in person, with an attorney. Any person who relies on any information contained in these responses does so at their own risk. Go see an attorney!
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Excessive or Nah? Kevin Gates sentenced to 6 months!

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Have you heard that Kevin Gates was found guilty of battery by “kicking” a fan at a 2015 concert? Yes, he was just sentenced to six months in jail.  As a lawyer, I wasn’t as surprised at his conviction, but his sentencing left me asking why?  In trial you roll the dice and hope to not crap out, you never know how a case will turn out.  In this case, Mr. Gates crapped out when he was found guilty!  On October 26, 2016, the New Orleans rapper was found guilty of battery and sentenced to 180 days in a Polk County Jail.  180 days for simple battery?  6 months away from his family, career, his life?

With limited facts, if representing Kevin Gates, Simmons Law would use the most common defense of self-defense to fight the battery case. In order to establish self-defense, an accused must generally show: a threat of unlawful force or harm against them; a real, honest perceived fear of harm to themselves (there must be a reasonable basis for this perceived fear); no harm or provocation on their part; and there was no reasonable chance of retreating or escaping the situation.

Based on the short video clip, Kevin Gates could have felt threatened by fans grabbing at him when he swiftly kicked towards the fan.  Alternatively, Kevin Gates could have been in fear due to the large crowd at the sold out concert; for an entertainer safety is important.  Additionally, Kevin Gates did not provoke the “fan” to touch him first, another factor for self-defense.  Overall, The Court’s ruling bothered me because the Judge went above the recommendation of the States Attorney for a questionable case (Yes that video was questionable!).  Was the Judge in this case attempting to prove a point with Kevin Gates, a husband, father, entertainer, but also a black man in the US “justice” system by sentencing him this way?

Kevin, lesson learned, some “fans” aren’t fans.  Fans, lesson learned, do not create dangerous situations for the entertainers you support by grabbing them, etc.

In the State of Georgia, A person commits the offense of battery when he or she intentionally causes substantial physical harm or visible bodily harm to another.  A person who commits the offense of battery is guilty of a misdemeanor.  Punishment for misdemeanors generally a fine not to exceed $1,000.00 or by confinement in the county or other jail, county correctional institution, or such other places as counties may provide for maintenance of county inmates, for a total term not to exceed 12 months, or both;   IF YOU ARE FACING A CRIME, HIRE COUNSEL IMMEDIATELY, SIMMONS LAW CAN BE REACHED AT 404-461-8422.

 

 

Did the court mess up? I thought I plead under conditional discharge

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Question: What should I do? Is this an error on the court’s side? They told me one thing at the arraignment, now it seems to be another.  A misdemeanor of disorderly conduct is showing up on my record. I was told by the PUBLIC DEFENDER that was representing me that If I pleaded guilty AFTER the conditional discharge request was introduced to the judge depending on if he accepted it or not I would be under conditional discharge and this would be dropped after I finish a program. I pleaded guilty AFTER the judge accepted the Conditional Request But, the problem is I wasn’t given any type of probation or any program. Nowhere on my final disposition paper or background check does it say anything about me being under CONDITIONAL DISCHARGE. I called the DA about 3 days after the case date and got the details & they’re just saying that the charge was reduced from FEL to MIS and 12MNTH PROBATION. Original charge was F weapon at school.

Answer:  A Conditional Discharge is where a defendant enters a guilty plea, but the judge withholds disposition until a period of probation is completed.  If you successfully complete the required conditions then the case against you will be dropped.  The facts given are contradictory and it is hard to say what happened in your case.  However, if you did in fact plea under conditional discharge, the charge will not be dropped until the 12 months of probation ends.  If you are still unclear about the case contact the lawyer that you had at the time for further clarification.  If you feel that the plea was improper, you may have appeal rights.  However, seek counsel from the original attorney.