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Questions Answered by Zachary Taylor Beck
1 Answer | Asked in Family Law and Adoption for Georgia on
Q: Birth mom snuck and placed child

Hello I’m in Georgia and found out my child’s mother placed our child for adoption. I havent did dna or anything yet but I want to and apparently baby is already in aps state. Who do I contact? She lied on her paperwork to not name me. Her friend told me. It’s been 20 days

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jul 26, 2022

Based on the facts above, you likely need to file a petition to legitimize the child so that you will have custodial rights. If you successfully legitimize the child, you will be able to contest adoption and custody of the child.

1 Answer | Asked in Traffic Tickets for Georgia on
Q: Bought a car recently, an got in a accident it wasn't my fault but the car wasn't insured and I got a ticket
Zachary Taylor Beck
Zachary Taylor Beck
answered on Jul 26, 2022

Not sure what the question is. However, Georgia law requires every vehicle to have at least $25,000.00 per person, up to $50,000.00 per accident, in liability coverage for personal injuries and $25,000.00 in property damage coverage. If your vehicle is not insured with the above minimum coverage... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: In Georgia, can you discharge a firearm while intoxicated if it comes to the point that you feel the need to use a gun?

I know it is illegal to discharge a firearm while intoxicated over a 0.08 but what if I am drunker than a 0.08 but I’m threatened enough to use it? This happened last weekend leaving a bar and a guy pulled a gun and pushed the barrel into a friends chest while I was behind him. I was carrying but... Read more »

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jul 26, 2022

The short answer is yes. In Georgia, whether intoxicated or not, a person has the right to defend themselves against the infliction of death or serious bodily harm. However, to justify the use of deadly force (i.e., shooting the firearm), the person must not be the aggressor and must actually be... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: I am an Artist who’s work was physically stolen from a venue. The value is $7000 and the venue wants to settle in court.

They were displaying the work for purchase & did not protect it. Cameras were not working and they did not notify me of its official disappearance until well after. They do not want to fully compensate for the work so I need assistance with going to court. Please help

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jul 26, 2022

This sounds more like a civil tort (i.e., negligence, breach of contract), not a violation of criminal law.

1 Answer | Asked in Criminal Law for Georgia on
Q: In the state of Georgia how long can you be held in jail waiting on expedition to Alabama for a felony theft warrant.

If you have been held for three days already

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jul 26, 2022

30 days.

1 Answer | Asked in Divorce and Child Custody for Georgia on
Q: I purchased a home by myself for me and my children does she need to be involved to sell?

I am going through a divorce and we have been separated for 4 years. I purchased the home 2 years ago and because she took my children recently and the car I have no choice but to sell. Does she need to at closing even if she has nothing to do with the home?

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jul 26, 2022

If the home is classified as "marital property," then your ex-wife will have a "fair," equitable interest in the home. Thus, your ex-wife will likely have a say in how the home is liquidated/sold. If the home is classified as "separate property," then she will have no... Read more »

1 Answer | Asked in Divorce for Georgia on
Q: Can I sue my husband for having a type of STD before we met and never told me even after we got married or had a child

Husband has genital warts and never told me. Once he did I asked him if it was serious and he said he didn’t know he didn’t ask questions when he was diagnosed. Then after 4 years he told me

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jul 1, 2022

You may be able to sue for negligence or battery if your husband should have known or did know he had the STD, but neglected or intentionally chose not tell you, and then you contracted the STD from him. However, these types of lawsuits are complicated and you will likely have an issue with spousal... Read more »

1 Answer | Asked in Traffic Tickets for Georgia on
Q: Does cobb county offer probation on drive will suspended license
Zachary Taylor Beck
Zachary Taylor Beck
answered on Jul 1, 2022

Possibly. Judges have wide discretion in whether to allow sentences to be served in jail or on probation. Best bet is to try to get a favorable plea deal from the prosecutor before entering an open plea.

1 Answer | Asked in Traffic Tickets for Georgia on
Q: I have a red light violation from 2020 in Clayton County GA. What happens when I plead not guilty?
Zachary Taylor Beck
Zachary Taylor Beck
answered on Jul 1, 2022

The case will be scheduled for a pre-trial hearing. At the pre-trial hearing, a trial date will be set and then the case tried on said trial date.

1 Answer | Asked in Criminal Law for Georgia on
Q: Is there a difference between criminal street gang activity and violation of street gang terrorism and prevention act?
Zachary Taylor Beck
Zachary Taylor Beck
answered on Jul 1, 2022

Chapter 15 of Title 16 of the Georgia code is called the "Georgia Street Gang Terrorism and Prevention Act." Thus, it is merely the title of the chapter. Within Chapter 15 is the prohibition of participation in criminal gang activity (See O.C.G.A. section 16-15-4), which is the actual... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Georgia on
Q: Can a cop open a closed and latched gate (of a third party) that has a no trespassing sign on it with an arrest warrant

LEO's opened my gate because they suspected that a person they had an arrest warrant for was there. Which they weren't there. Did they have the right to just unlatch my gate (that has a no trespassing sign on it) and open them up, and proceeded onto my property looking for said suspect?

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jul 1, 2022

Yes, if the police relied upon reasonable, articulable facts that the person they had a valid arrest warrant was on the property. It does not matter if the person was actually on the property if the above standard was met. However, the police will be limited to only search the property for where a... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: Will the below info be on my record?

A cop caught my girlfriend and I in her car having sex. I didn't have my ID on me, so he took my name and birthdate and went back to his car. He came back and told us that he wouldn't issue a warning or a citation since our embarrassment was enough of a punishment. Will that be on my... Read more »

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jul 1, 2022

It is possible there will be an administrative record of the stop within the police department records. However, since you were not formally arrested or convicted, the encounter will not likely be public record.

1 Answer | Asked in Personal Injury, Civil Litigation and Wrongful Death for Georgia on
Q: Can phone conversations from a deceased person and the person being sued be used in a civil suit case?

Trying to get what justice any way we can for our daughter that was taken advantaged of and overdosed at perpetrator house. Seeking his home insurance. Investigators never got dna from suspects and we believe there was others at the house at the time of her fatal moments. There was other phones... Read more »

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jul 1, 2022

It will depend on the facts and circumstances of when the phone conversations took place and the substance of the conversations. The hearsay exceptions, regardless if the declarant (i.e., person being sued or daughter) is available to testify, are codified in O.C.G.A. section 24-8-803. The hearsay... Read more »

1 Answer | Asked in Car Accidents for Georgia on
Q: I was in an accident and they only had $25,000 in coverage.I didn't have any additional coverage.Can I get lost wages
Zachary Taylor Beck
Zachary Taylor Beck
answered on Jun 28, 2022

Assuming the other driver was at fault, you can still pursue lost wages against the at fault driver and recover any lost wages from the personal assets of the at fault driver. This is true regardless of the $25,000.00 in liability limits being exhausted to cover medical expenses, general damages,... Read more »

1 Answer | Asked in Personal Injury for Georgia on
Q: Can I sue my parents for neglect/abuse from my childhood?

I am 22 now, but before I was 12 I was neglected and abused in the home. My mom was charged with child endangerment at one point and I have an incident report along with other things to prove it happened. Is my statue of limitations up? And how likely am I to win something like that. I'd only... Read more »

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jun 23, 2022

Most likely no. Georgia has a two year statute of limitations to bring civil claims arising from injuries to the person, which would include emotional distress. See O.C.G.A. section 9-3-33. Thus, any type of civil claim is likely time barred. Further, even if the statute of limitations would have... Read more »

1 Answer | Asked in DUI / DWI for Georgia on
Q: I have a dui and drug charge on my back ground I am wanting to see if I can get it Exsponged?
Zachary Taylor Beck
Zachary Taylor Beck
answered on Jun 23, 2022

Georgia law does not allow expungement of DUI convictions or felony drug convictions. However, you may be able to expunge the drug conviction if it was for a misdemeanor offense. You would file a petition with the convicting court to request expungement.

O.C.G.A. section 35-3-37(j)(4)(A)...
Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: In the State of Georgia can a person who has been convicted of a state felony and served his sentence own a firearm?

This person completed his sentence 26 years ago

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jun 23, 2022

The short answer is no. However, if the person obtains a pardon from the governor or was sentenced as a first offender and was discharged without court adjudication of guilt, then the person can own a firearm. See O.C.G.A. section 16-11-131.

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: can someone get first offender act if charged with 2 counts of aggravated assault and possession of firearm

the person already has a plea but hasnt excepted it because lack of evidence

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jun 15, 2022

The short answer is yes. However, the person must not have a prior felony conviction and the aggravated assault charge must not have been against a law enforcement officer. Further, judges have wide discretion in sentencing someone as a first offender. See O.C.G.A. section 42-8-60. Therefore, the... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: Can my ex husband put my 13 yr old away without my permission because he's mad about her moving with me ?

We have joint custody and he has say over her and our 6vyr old school and stuff and I have say over the 15 and 4 yr old school. And stuff she's 13 and wants to be with me and she doesn't need any help she's doing fine but he's threatening to put her away and I won't allow... Read more »

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jun 14, 2022

I am not sure what you mean by "put away." If there is joint physical custody, then you and your ex-husband have equal physical custody rights that would be established by the parenting plan. Thus, your ex-husband cannot unilaterally infringe on your physical custodial rights without a... Read more »

1 Answer | Asked in Civil Litigation for Georgia on
Q: I was molested in 1989 at age 5 by my, at the time, 15 yr old cousin. Can he pay for his crimes or is it too late?

I never said anything or pressed charges because I didn’t want to burden my aunt and uncle and I was ashamed. I always figured it was too late to do something. When I found out that there was another victim and that the offender is still infatuated with children per his Facebook page, I felt the... Read more »

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jun 9, 2022

In the civil context, because the abuse occurred before July 1, 2015, you would have had to file a civil lawsuit on or before your 23rd birthday. See O.C.G.A. section 9-3-33.1. Thus, any civil claim will likely be time barred.

In the criminal context, prosecution would have had to occur...
Read more »

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