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.
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... View More
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.
What will they do ..how much time will they give him this is his fourth time being locked up
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
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.
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.
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?
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.
Been together 10 years and married for 2.
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,... View More
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?
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.
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... View More
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
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.
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... View More
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... View More
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... View More
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
answered on Jul 26, 2022
This sounds more like a civil tort (i.e., negligence, breach of contract), not a violation of criminal law.
If you have been held for three days already
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?
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... View More
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
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... View More
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