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Thoreau (T-USA)
Thoreau (T-USA), Lawyer
Category: Criminal Law
Satisfied Customers: 9176
Experience:  Attorney
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My daughter was arrested Sunday night and was charged with

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My daughter was arrested Sunday night and was charged with disorderly conduct. She was sitting at a Bar and Grill and the lady tried to take her pocket book. Words was said and they both were arrested both. The Officer stated he could not get the story straight so he took both in. The Bail Bondman charged me $225.00 and she is scheduled to appear on 1/17/2012 or I guess pay a fine on line. What should I expect. She is starting law school (Emory) just finished her LSAT from Kaplan. don't want anything to effect her. She was at the Bar and Grill with her friend and her friend told the officer what the other girl was trying to do, but as stated he arrested both.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Thoreau (T-USA) replied 2 years ago.
Hello! Thank you for bringing your question to JustAnswer! I'm T-USA and I'll be happy to provide some valuable information!

I'm sorry to hear about the situation!

I would like to make sure that I know what information you want so that I can ensure that my response addresses the issues you're wondering about.

What exactly do you want to know?
Under which statute was she charged (this should appear as a series of numbers on any documentation she received)?

Thank you!
Customer: replied 2 years ago.
Are you still there I sent a question to you and have not heard back in 15 minutes or more.
Expert:  Thoreau (T-USA) replied 2 years ago.
Yes. I am still here. However, I did not receive your reply. Did you send a reply? Would you care to send it again?
If you attempted to send one via email, please note that email messages do not post here. Only that which is posted directly to this page will appear in this thread.

Thank you!
Customer: replied 2 years ago.
My other reply was she was charged with Disorderly conduct (fighting). Pulling hair and pushing one another. The ticket she received was #(NNN) NNN-NNNN She has never been arrested before.
Expert:  Thoreau (T-USA) replied 2 years ago.
Okay. Thank you for your message. My information request was primarily to figure out exactly what you wanted to know, as you didn't really specify.

Are you wondering:
1. What are the consequences of a criminal charge/conviction when applying to admission with a state bar association?
2. What are the penalties to a disorderly conduct charge?
Was there anything additional you wanted to know?

In which state was she charged?

Thanks!
Customer: replied 2 years ago.

In the State Of Georgia - and you are correct. what are the penalties to disorderly conduct. Again stated, my daughter and the other lady stated they were not pressing any charges on one another. It was bascially hair pulling - no one was hurt, no scratches. . The police was not called they was just parked outside at the Bar & Grill. I'm a worry type person just wanted to know what to excpect. They told my daughter she can pay the ticket on line.

Expert:  Thoreau (T-USA) replied 2 years ago.
Thanks for clarifying!

Assuming that she was charged with disorderly conduct pursuant to Georgia Code 16-11-39, that would be a misdemeanor and that would make it more than a simply civil citation whereby a fine is paid and the matter goes away. Unfortunately, such matters are substantially more serious that traffic tickets. A misdemeanor is punishable by a fine of up to $1,000 and/or up to 12 months in jail. Now, realistically, for a first time minor offense like disorderly conduct, people often don't go to jail and they simply pay a fine and serve probation.
If she's been charged with disorderly conduct, she'd be wise to retain an attorney to represent her in the matter. Her attorney may be able to work out something favorable, such as withholding adjudication, whereby a fine would be paid, probation would be served, and charges would be dropped (reflecting on her record as being dismissed, rather than a conviction).

Though you didn't really focus on the law school or bar admission aspect of things, to provide some extra information:
It's worth noting that people are admitted to state bars with criminal records and minor records often won't hold someone back. However, state bars highly value honesty in such matters. In other words, when she applies to the state bar, it almost certainly will be aware of the conviction and her honesty in the application process will be expected when the bar inquires as to her criminal history.

16-11-39
http://law.onecle.com/georgia/16/16-11-39.html

Please let me know if you need any clarification!

I know that this answer may not be entirely what you wanted to hear. However, it's the honest truth and I know you want a truthful answer above all. I rely on your honor to earn my living and I hope that you will click accept so that I am paid for my time and effort spent providing this information. If you don't click accept, I don't get paid anything at all.

If you have a follow-up question, please be sure to ask it using the REPLY feature and I will respond as promptly as possible. In some instances, depending on how long you wait to reply, there may be a delay in my response as I may be taking a necessary break from work.

Thank you again for coming to JustAnswer!
Customer: replied 2 years ago.
So what you are saying is that if she pays the ticket it will be on her record as a conviction. If she obtains a lawyer to get the ticket dismissed then it will be sealed, is that correct?
Expert:  Thoreau (T-USA) replied 2 years ago.
The lawyer may or may not be able to negotiate to have adjudication withheld. However, with minor first offenses, it's often worth a shot. The record wouldn't be sealed. However, if an individual doesn't contest a charge and simply pleads guilty and pays a fine, that is essentially going to reflect as a conviction on the person's record. However, if adjudication is withheld pursuant to an agreement with the state, the record shows up as dismissed (it's not sealed), which basically means that the state dropped the charges. That often looks much better than a conviction. Further, dismissals are frequently eligible for expungement. Now, that said, expunged records generally have to be disclosed to the state bar during the application process, so that may or may not do her a whole lot of good if that's her concern.
If her attorney feels he can negotiate to have adjudication withheld, that would generally be better for her record than simply pleading guilty.

Please let me know if you need any clarification!

I know that this answer may not be entirely what you wanted to hear. However, it's the honest truth and I know you want a truthful answer above all. I rely on your honor to earn my living and I hope that you will click accept so that I am paid for my time and effort spent providing this information. If you don't click accept, I don't get paid anything at all.

If you have a follow-up question, please be sure to ask it using the REPLY feature and I will respond as promptly as possible. In some instances, depending on how long you wait to reply, there may be a delay in my response as I may be taking a necessary break from work.

Thank you again for coming to JustAnswer!
Customer: replied 2 years ago.
Thanks so much. So is it best to hire an attorney and let him handle this situation?
Expert:  Thoreau (T-USA) replied 2 years ago.
Yes. Because she has been charged with a crime, it would be best for her to retain an attorney to assist her with the matter directly.
If she cannot afford one, she can ask the court to appoint one for her at her first court appearance.

Please let me know if you need any clarification!

I know that this answer may not be entirely what you wanted to hear. However, it's the honest truth and I know you want a truthful answer above all. I rely on your honor to earn my living and I hope that you will click accept so that I am paid for my time and effort spent providing this information. If you don't click accept, I don't get paid anything at all.

If you have a follow-up question, please be sure to ask it using the REPLY feature and I will respond as promptly as possible. In some instances, depending on how long you wait to reply, there may be a delay in my response as I may be taking a necessary break from work.

Thank you again for coming to JustAnswer!
Thoreau (T-USA), Lawyer
Category: Criminal Law
Satisfied Customers: 9176
Experience: Attorney
Thoreau (T-USA) and 3 other Criminal Law Specialists are ready to help you
Customer: replied 2 years ago.
Thanks so much for your time.
Expert:  Thoreau (T-USA) replied 2 years ago.
My pleasure! Have a great evening and a happy new year!

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