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Questions Answered by Zachary Taylor Beck
1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Georgia on
Q: Do I have a civil case against the deputy or the county for violating my rights?

I was approached by a deputy while standing in a hotel parking lot and charged with obstruction for failure to ID, arrested and put in jail in Georgia.

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 18, 2022

You do not have to provide ID unless you are driving a car or the officer has probable cause to suspect a crime was being committed. Thus, if the officer had probable cause to believe you were committing a crime, then any civil suit would fail. Further, suing police officers for conduct committed... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: if a person is already on parole or probation, and they get charged with battery of a dating partner strangulation?
Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 18, 2022

Not sure what the question is. However, the person could have their probation or parole revoked for being charged with a new offense.

1 Answer | Asked in Criminal Law for Georgia on
Q: Hello my boyfriend was charged with 46 financial transactions card they say it was over $4k he is on state probation

What will they do ..how much time will they give him this is his fourth time being locked up

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 18, 2022

Georgia superior court judges have wide discretion when sentencing a defendant. Thus, there is no clear answer to what sentence the judge will enter upon conviction. Many factors go into sentencing including: age, criminal history, community involvement, etc. Some judges will even consider drug use... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Domestic Violence for Georgia on
Q: Can a conviction be remanded being the charges did not merge even though it was in the same commission with a weapon

Aggravated Assault two counts and Aggravated Battery being the worst, since the victim was struck with a machete on the head and used their arm to block another blow rendering it useless in the same commission. Convicted on every injury towards the victim and sentences to consecutive 20 year terms... Read more »

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 18, 2022

If the convictions stemmed from one succinct criminal transaction and all against the same victim, then the aggravated assault convictions should have merged with the aggravated battery conviction for sentencing purposes. See Regent v. State, 299 Ga. 172, 787 S.E.2d 217 (Ga. 2016). However, note... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: Can a convicted felon with a replica decorative gun and decorative bullets be convicted of a “FIREARM”?
Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 18, 2022

O.C.G.A. 16-11-131(a)(2) defines firearm as "any handgun, rifle, shotgun, or other weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge." Thus, if the decorative gun can be converted to shoot any type of projectile by explosive or... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: how many days for dose it take for a fast and speedy trial if it gose over over the speedy trial limit what do i do next
Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 18, 2022

The constitutional right to a speedy trial is usually misunderstood by most non-lawyers. The meaning of speedy is quite subjective to different people. Georgia courts have analyzed the right to a speedy trial under a reasonableness standard. Thus, there is no exact day(s) amount that passes where a... Read more »

1 Answer | Asked in Criminal Law, Traffic Tickets and Municipal Law for Georgia on
Q: O.C.G.A. 40-6-395 Is this a conviction of this crime and is this right?

I had an incident where I was speeding, I got scared when i saw the police lights, and ran from the officer in my vehicle, then calmed down and left my car in park to walk back to where the officer had stopped to turn myself in. In court, the judge ruled it as a traffic infraction with no points... Read more »

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 18, 2022

DDS is an executive agency with its own policies and rules, which the Georgia Legislature delegated the legislative authority to DDS to make. An answer explaining separation of powers, the non-delegation doctrine, and that it is a privilege, not a right, to drive in Georgia would require a lengthy... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: Do I have the write to ask for a dismissal seeing I was arrested on 04/09/2020
Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 18, 2022

No. Either an accusation or indictment may be brought against you (I am assuming neither has happened). At that time, depending on the crime charged, you would raise a statute of limitations defense.

1 Answer | Asked in Divorce for Georgia on
Q: In my divorce the judge stated that I should sign a quit claim deed I have not done so yet am I in contempt?
Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 18, 2022

By "stated" I am going to assume you mean ordered. Thus, throughly read the Order. If the Order sets a date certain to sign the deed and that date has passed, then you are in violation of the Order and could be held in Contempt.

1 Answer | Asked in Divorce for Georgia on
Q: Husband dragging on signing paperwork we need notarized for divorce. Can I sign/notarize my parts & file w/out him?

I have all my paperwork prepared just need my husband to sign the paperwork in front of the notary. I've asked at least 3 times and he is ignoring me. Can I sign where I need to notarize and file without him signing?

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 18, 2022

You can unilaterally file a petition for divorce and then serve your husband with the petition in accordance with Georgia Law.

1 Answer | Asked in Divorce for Georgia on
Q: If I want to divorce my husband, can I stay in the home in exchange for child support? We have 3 kids, one is his

Been together 10 years and married for 2.

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 18, 2022

Parties to a divorce can agree to almost anything. However, child support is for the benefit of the child and cannot be waived by either parent. You may be able to show that it is in the best interest of the children to stay in the home in exchange for the Husband to not pay child support. However,... Read more »

1 Answer | Asked in Divorce and Child Support for Georgia on
Q: How does a new order trump an old order? Old child support case still open with a new child support case open as well?

Old case he had custody I paid child support new case I have custody I am still paying him cs the cs Dept says my new order doesn’t say to stop the enforcement so they can continue to enforce is this legal?

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 18, 2022

Yes. If the new order does not contemplate child support, then the prior order would be binding as to child support. You would need to file a child support modification petition to have the child support changed.

2 Answers | Asked in Personal Injury and Car Accidents for Georgia on
Q: State of Ga do i have to divulge a settlement amt from @ fault carrier to “my”carrier before they pay for UIM claim? Why
Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 18, 2022

I agree with my colleague. The UIM insurer has a right to know any settlement amounts from the at-fault liability insurer because in Georgia there is "set-off" UM coverage. With set-off UM coverage, the UM insurer offsets its UM exposure by the liability limits (i.e., the amount paid to... Read more »

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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 »

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