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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 12680
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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Criminal Law. Defendant charged with three felony counts theft

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Criminal Law. Defendant charged with three felony counts theft by deception(O.C.G.A. 16-8-3) for three supposed thefts of funds having to do with the purchase and sale of delinquent debt. Defendant was a broker and received funds that he benefited from that ultimately were illegitimate. "Victims" located in NY, MO, and AZ. A negotiated plea of ten consecutive misdemeanor theft by deception counts upon which defendant plead nolo contendre was entered. Also, an order was entered that upon payment of restitution of 13,15, and 52K($80,000) the probation will terminate. Since the plea, defendant violated probation by not reporting and not paying the $800 monthly amount. 18 months elapsed before the toll. Judge revoked six months upon which defendant was released 3 months early by jail administrators. Monthly payment was reduced to $200 and special provisions such as not to miss any reporting, not to miss payment(s), obtain employment, and prove income. Question: Can the case still be tried? Question: Please list all basic legal options that exist other than pay the ordered amount of $200.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Alex J. Esq. replied 3 years ago.

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Expert:  Alex J. Esq. replied 3 years ago.
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Expert:  Alex J. Esq. replied 3 years ago.
Can you please be more specific regarding the judge's orders once the probation was violated by the defendant and he failed to pay restitution?

Also when you say 10 consecutive misdemeanors, do you mean that the sentences were to run consecutively?
Customer: replied 3 years ago.
Judges orders upon violation:<br /><br />Defendants attorney made the arguement that the entire thing was invalid and that "absent of the lottery" eight hundred dollars is just not feasible. The prosection asked for six months that you me them and God know is three in county jail. Judge gave them what they asked for(6mos) after she made it clear her intention was to cook and defendant was turky if the following additional provisions were not strictly adheard to:<br /><br />1. No missed probation reporting. <br />2. Obtain employment. Status : Pass: Own Business.<br />3. Prove income from employment. <br />4. Pay $200.00 month. Status:Failed. <br /><br />Sentenced to six months county jail. Served 3. Released June 13, 2011. Since release Defendant, from cooperative investment, operates a limousine service, a corporation, is a notary public, a member of political organization(s), attends a junior college, the father of one boy and one girl and husband to thier mother. Defendant made bad business decisions/sale that he benefited from based on hearsay and a product that is tangible as information at best. Defendant did not intend to harm or take from anybody but has used the best legal remedy thus far to protect his livelihood.<br /><br />Yes. The sentence is consecutive.
Expert:  Alex J. Esq. replied 3 years ago.
Is defendant represented by a private criminal attorney?

Has this judge threatened to throw defendant back in jail?
Customer: replied 3 years ago.
Not Represented.

Last judge did.
Expert:  Alex J. Esq. replied 3 years ago.
Generally a defendant can not be tried twice for the same crime. However if you don't comply with all the terms of your probation you can be sent to jail by the judge to serve maximum sentence that this conviction would carry.


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Customer: replied 3 years ago.
As a consecutive misdomeanor structure as it is, can more than one count be violated at one time because only can be served at one time? And if this is the case the most that can actually be revoked at one time in one count that carries a mximum of one year, correct?
Expert:  Alex J. Esq. replied 3 years ago.
Yes more than one count can be violated and the sentence for each count can be consecutive.

Each count carries a maximum sentence of one year.


If you are satisfied with my answer, I would appreciate if you would click on the accept button.
Please keep in mind if you already made a deposit or on a monthly subscription plan you will not incur any additional charges, but I will only be compensated for my time and effort only if you click on ACCEPT.
Bonus and Positive Feedback are always appreciated. Thank you and good luck
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 12680
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Alex J. Esq. and 2 other Criminal Law Specialists are ready to help you

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