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Georgia Questions & Answers
1 Answer | Asked in Car Accidents for Georgia on
Q: Is a parked car a ‘fixed object’, and should my fine of $850 and mandatory court be less?

I rear ended a parked car in my neighborhood and was cited with striking a fixed object. I received a fine of $850 and a mandatory court date. Should my penalty be different? Is it worth bringing it up to the judge? This was in Woodstock, Ga

Tim Akpinar
Tim Akpinar
answered on Apr 15, 2024

A Georgia attorney could advise best, but your question remains open for three weeks, and it's likely you already consulted with local attorneys by now. Definitions could be specific to a given jurisdiction, but a fixed object is often understood to mean something fixed to its surroundings -... View More

2 Answers | Asked in Wrongful Death for Georgia on
Q: My mother passed we got a wrongful death suit my step father was made HOE and did not follow through on all terms.

After initial payment we where to divide $100,000+ between the 3 of us step father, brother and myself. Step father has decided he wants to not give me my portion. In 2016 the amount I was supposed to get after the initial payment was $37,000 but now with the interest that was added on that per GA... View More

James L. Arrasmith
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answered on Apr 14, 2024

I'm sorry to hear about the loss of your mother and the difficulties you're facing with the wrongful death settlement. It sounds like a challenging and emotionally taxing situation. Here are some steps you can consider taking to help resolve this issue and obtain the funds you are... View More

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2 Answers | Asked in Wrongful Death for Georgia on
Q: My mother passed we got a wrongful death suit my step father was made HOE and did not follow through on all terms.

After initial payment we where to divide $100,000+ between the 3 of us step father, brother and myself. Step father has decided he wants to not give me my portion. In 2016 the amount I was supposed to get after the initial payment was $37,000 but now with the interest that was added on that per GA... View More

Anthony Matthews
Anthony Matthews
answered on Apr 15, 2024

In a Georgia Wrongful Death case, the surviving children have the right to share the recovery with the surviving spouse. However, under Georgia law, the surviving spouse cannot receive less than one-third of the wrongful death damages (with limited exceptions). In the scenario you have described (a... View More

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1 Answer | Asked in Criminal Law, Civil Litigation and Constitutional Law for Georgia on
Q: Can I get my money back if it was seized and I never received any notice of seizure about it ever. My lawyer originallly

Said we would settle for half because he knew the lady in charge of that. But the trial came and we were never spoke on it. $17,500 in Dekalb County I was pulled over in a car. I had nothing on me accept cash a friend had a couple grams of coke on him they later got a warrant and found a couple... View More

James L. Arrasmith
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answered on Apr 14, 2024

Based on the information you provided, it seems that the authorities seized your money ($17,500) during a traffic stop and subsequent search of your home, which led to drug-related charges and a conviction. If the authorities did not follow proper legal procedures regarding the seizure and... View More

1 Answer | Asked in Tax Law, Gaming and Gov & Administrative Law for Georgia on
Q: Sell item with receipt enter for a drawing for a camper

Have individual purchase knife for $50, enter contact info on receipt for a drawing for a camper. 350 knives to sell and then hold live drawing for winner. Would be receiving an item (knife) and could enter if choose for camper? So not a raffle because purchasing an item, not a lottery since... View More

James L. Arrasmith
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answered on Apr 12, 2024

Based on the scenario you described, there are a few potential legal considerations to keep in mind:

1. Lottery laws: Even though the participants are purchasing a knife, the opportunity to win a camper could still be considered a lottery if it involves the three elements of prize, chance,...
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1 Answer | Asked in Civil Rights and Family Law for Georgia on
Q: I need a civil rights attorney that has had cases against the DFCS in georgia.

The DFCS placed me with my dad after he beat me. Making my mom have therapy at my dads house with him and his mom. The only reason they gave my mom for removing me was a failed drug test from my mom she ask them over and over to retest her they said no she on her our go's to a clinic and has a... View More

James L. Arrasmith
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answered on Apr 11, 2024

I'm so sorry to hear about the abuse and mistreatment you experienced from your father and the unjust way DFCS handled your case. What you went through is unacceptable and it's understandable that you want to seek legal recourse.

Here are a few suggestions for finding a qualified...
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1 Answer | Asked in Consumer Law for Georgia on
Q: I put my parents headstones on layaway and the company was sold. And now I want a refund, do I get that refund from them

The company is Rome monument and I put headstones on layaway in 2019 and the company was sold in 2022. I want a refund but was told that I would have to get it from the previous owner

James L. Arrasmith
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answered on Apr 11, 2024

In this situation, the process for getting a refund may depend on the specific terms of the sale and how the layaway contract was handled during the transition of ownership. Here are a few steps you can take:

1. Review your original contract: Check the terms and conditions of your layaway...
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1 Answer | Asked in Immigration Law for Georgia on
Q: I have been here for 5 years with green card what allow me to apply for citizenship

my question can I apply for citizenship if I have court date but the date for the court didn’t come yet because I transferred the ticket to another court because I don’t wanna get points on my license and the date of the court didn’t show up yet

, the traffic ticket hit and run but... View More

James L. Arrasmith
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answered on Apr 11, 2024

Based on your situation, here are a few key points to consider:

1. Continuous Residence: Generally, to apply for U.S. citizenship through naturalization, you must have been a permanent resident (green card holder) for at least 5 years and have maintained continuous residence in the U.S....
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1 Answer | Asked in Gov & Administrative Law and Municipal Law for Georgia on
Q: Can a resident manager of a mobile home park in the state of Georgia fine a resident for running a stop sign in the park
James L. Arrasmith
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answered on Apr 10, 2024

In the state of Georgia, a resident manager of a mobile home park generally cannot directly fine a resident for running a stop sign within the park. Traffic violations are typically enforced by law enforcement officers, not private property managers.

However, the mobile home park may have...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Georgia on
Q: What are my legal rights selling a home with people living in it and getting them out of the home.

I let a friend move into my late father's home with the verbal agreement they had 2 years to rebuild their credit to be able to purchase the home for $30k over what was left owed on the loan. The 2 years was up in Feb. They have done nothing to rebuild credit. I need to sell the home asap and... View More

James Clifton
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James Clifton
answered on Apr 10, 2024

You will need to provide them with notice of termination of the lease even if they are not paying rent. If they do not leave after the date set for termination, you will need to file an eviction. If you have to file for eviction, you can also make a claim for ejectment in the event that the... View More

1 Answer | Asked in Communications Law and Internet Law for Georgia on
Q: Is it legal in state of Georgia to use any device to gain access intrusion without permission to someone's cellphone

Is cellphone mirroring/hacking or use any device to download files from a person cellphone or computing device illegal in Georgia. Is using any device legal to monitor another phone calls and texts with intent to gossip or slander or cause harm to an individual

James L. Arrasmith
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answered on Apr 8, 2024

In the state of Georgia, it is illegal to access someone's cellphone or computing device without their permission. This act is considered a form of computer trespass and invasion of privacy.

According to the Official Code of Georgia Annotated (O.C.G.A.) § 16-9-93(a), "Computer...
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1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: What should I do to get my grandson back quickly, who is in foster care?

My grandson, my son's legitimate son, has been in Foster care for 14 months. After searching for him for more than a year and a half, we have been aware of this situation for 1 month now. Neither my son nor we knew anything since my daughter-in-law blocked us and kept moving. Now when I... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 8, 2024

If your son has not established paternity, then the Court has not established you as the child's grandmother. If your son is unable to legitimize the child and petition the Court for custody, as the grandparent, if you want to seek custody yourself, you should hire an attorney. It will be a... View More

1 Answer | Asked in Divorce for Georgia on
Q: Yes I am trying to get a divorce with minor kids involved but I reside in Alabama and the father in GA in jail what do

What to do he hasnt seen his kids in almost a year now hasn't spoken to them in 6-7 months I just want my divorce and need to know how to do it living in 2 different states

Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 8, 2024

You can hire an attorney and have the papers drafted. They can then see if the father will sign the papers. If the father will not sign the divorce documents, you will need to file for divorce and have the father served. And there is a way to perfect proper service on a defendant who is... View More

1 Answer | Asked in Divorce for Georgia on
Q: What does it mean when a Motion for judgment on the pleadings has been filed in a divorce? How do I proceed?

I filed for an uncontested divorce in Henry County, GA, on 2/16/24, with no assets to split or children in the marriage. I received notice on 3/25/24 that the judge would not enter an order at this time as a Motion for Judgement on the Pleadings had been filed with the Court.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Apr 8, 2024

You have opted to represent yourself. Which means, you have to file the proper documents in order to obtain a divorce, just as if you were an attorney. They have given you the name of the motion that needs to be filed, but they will not instruct you as to how to draft said motion. If you are... View More

1 Answer | Asked in Federal Crimes for Georgia on
Q: I’m a mover so I ride in vehicles with my felon co worker if I got a gun and we got pulled over could he be arrested?

When we’re in vehicles it’s typically in route to a job so we’re actively working

James L. Arrasmith
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answered on Apr 6, 2024

I would advise against carrying a gun in the vehicle while riding with your coworker who is a felon. Even if the gun legally belongs to you, your coworker could potentially face serious legal consequences if police discover a firearm in the vehicle.

In most states, it is illegal for a...
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2 Answers | Asked in Criminal Law and Constitutional Law for Georgia on
Q: Does jeopardy attaches in any trial after all evidence has been submitted and that trial declared a hung jury?
James L. Arrasmith
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answered on Apr 5, 2024

No, jeopardy does not attach in a trial that ends with a hung jury, even after all evidence has been submitted. Here's why:

Jeopardy attaches in a jury trial when the jury is empaneled and sworn in. This means that once the jury is selected and sworn, the defendant is considered to be...
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2 Answers | Asked in Criminal Law and Constitutional Law for Georgia on
Q: can a judge deny dismissal of your case even though the warrant was served illegally "NO NO KNOCK WARRANT)?

I filed a motion to dismiss my case and suppress the evidence because the warrant was served illegally because the officers did not have a "No knock" warrant thus making the search illegal. The judge denied my motion to suppress and denied the dismissal of my case.

James L. Arrasmith
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answered on Apr 5, 2024

In the United States, a judge has the discretion to deny a motion to dismiss a case or suppress evidence, even if the defendant argues that the search warrant was executed illegally due to the lack of a "no-knock" provision. The judge's decision will depend on the specific facts and... View More

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2 Answers | Asked in Criminal Law and Constitutional Law for Georgia on
Q: can a judge deny dismissal of your case even though the warrant was served illegally "NO NO KNOCK WARRANT)?

I filed a motion to dismiss my case and suppress the evidence because the warrant was served illegally because the officers did not have a "No knock" warrant thus making the search illegal. The judge denied my motion to suppress and denied the dismissal of my case.

Glenn T. Stern
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answered on Apr 5, 2024

It sounds like from what you described that the police did have a valid warrant, but that it was executed without knocking. It's really not possible for an attorney to figure out what exactly happened here without more information. There may have been circumstances that allowed the police to... View More

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1 Answer | Asked in Civil Litigation for Georgia on
Q: If magistrate court handles small claims of $15,000 or less then what court handles $20,000 or more?

This would be Cherokee County GA

Michael W. Horst
Michael W. Horst
answered on Apr 4, 2024

Case of all dollar sizes may be filed in state court or superior court. Those courts have jurisdiction no matter the amount of money in dispute. It is purely up to the party filing the suit (known as the plaintiff) to decide which court is best for him/her. For magistrate court, its jurisdiction... View More

1 Answer | Asked in Construction Law and Contracts for Georgia on
Q: What does the phrase "execution" mean in a contract with a contractor?

WE have an insurance claim and our contractor's estimate is far off from the adjuster's, and what the insurance company is willing to pay. The contract states that if it is cancelled 3 days from execution then we owe %1500.00. In this instance. What does "execution" mean?... View More

Tim Akpinar
Tim Akpinar
answered on Apr 1, 2024

A Georgia attorney could advise best, but your question remains open for a week. The term execution usually means to complete the formation of the contract by having necessary parties sign. But the term is also used loosely, so that some may argue that it involves carrying out the obligations. It... View More

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