Have Legal Questions? Ask a Lawyer Now.
Just so I am clear--my son will be fined if the DA/Judge allows AND NOT FOUND GUILTY---OR
HE PLEAS GUILTY AND THEY WOULD FINE HIM AT A LOWER RATE?
SINCE HE IS GUILTY--IS THIS A MISDEAMNOR?
HE IS CHARGED UNDER SECTION 38-58
AND BY THE WAY--THERE IS NO PUBLIC DEFENDER OR DA INVOLVED RIGHT NOW. THE CITATION JUST SAYS APPEAR IN FRONT OF THE JUDGE!
SANDY SPRINGS - GEORGIA 30350. THE CITATION WAS MARKED STATE LAW NOT LOCAL ORDNANCE. AGAIN- NO DA/PUBLIC DEFENDER ASSIGNED-ONLY JUDGE APPEARANCE. FULTON COUNTY GEORGIA.
thanku for your patience! It scares me to advise my son to a guilty charge of publuc urination - when there was no intent.
He is gonna b in front of a judge that is gonna ask did u do it or not! The answer has to b yes but not intentionally.
Then the judge or the DA is gonna charge him for a crime - or fine him--or go to court--which u have already said is useless because he did it.
It comes down to--if I understand correctly--WHAT THE JUDGE OR DA IS GONNA DO AFTER THEY ASK THE QUESTION--SINCE THE CITATION WAS INCORRECT. THEN IT'S UP TO THE MERCY OF THE DA OR JUDGE ON THE FACT OF THE LAW-- OR IF THE DA OR JUDGE HAS ANY DISCRETION INTO WHAT THEIR DECISION WILL WARRANT?
CAN HE PLEAD GUILTY AND WITHOUT ADJUDICATION AFTER A CERTAIN PERIOD OF TIME. THEN THE CHARGE WILL NOT BE ON HIS RECORD?
SO PAYING A FEE ON THE DATE HE APPEARS IN FRONT OF THE JUDGE IS BASICALLY NOT GONNA HAPPEN. ITS SIMPLY A GUILTY OR NOT GUILTY APPEARANCE.
THEN THATS WHEN A PUBLIC DEFENDER AND DA WILL BE ASSIGNED AND THEN TRY TO WORK OUT AN AGREEMENT BEFORE TRIAL! U HAVE ALREADY SAID A TRIAL ACCORDING TO LAW--HE IS GUILTY!
GOING TO COURT IS NOT AN OPTION--CAUSE THAT WILL COST A FORTUNE AND THE STATE/JUDGE WILL B PISSED OFF RELATED TO THE EXPENSES INCURRED WHEN YOU DID SOMETHING CLEARLY NOTED!
I WILL TALK TO MY SON TOMORROW AND LET HIM REVIEW R COMMENTS!! IT'S UP TO HIM WHAT TO DO--I JUST WANTED TO HAVE AS MUCH INFORMATION AVAILABLE TO US BEFORE WE STEP INTO A COURT ROOM BLINDED.
I WILL BE BACK IN TOUCH SOON--AND THANKU FOR YOUR ADVICE!!! YOUR ANSWERS AND PATIENCE HAVE BEEN SPECTULAR--AND I WILL TIP YOU AS WELL!
MY GOD--THANKU--CORDIALLY, DIANNE!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).