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Questions Answered by Holly G Chapman

1 Answer | Asked in Adoption for Georgia on

Q: If I am filing a petition to adopt and adult child, do the biological parents have to give consent?

Holly G Chapman answered on Mar 14, 2019

O.C.G.A. § 19-8-21 discusses adult adoptions. Assuming that the adult in question has the capacity and legal authority to make decisions for himself/herself, the consent that is required is that of the adult to be adopted, not his/her biological parents. An attorney that specializes in adoption... Read more »

1 Answer | Asked in Traffic Tickets and Criminal Law for Georgia on

Q: Can you be convicted of driving on suspended license if you were not aware they were suspended?

My license was suspended when I forgot to pay a ticket because my Mother was dying and it just slipped my mind. Once I remembered I paid the ticket and thought it was over. But they had had my license suspended through Alabama and I was not notified. Then I was pulled over in Trenton GA and taken... Read more »

Holly G Chapman answered on Mar 14, 2019

In Georgia, to prove driving while license suspended (O.C.G.A. 40-5-121) at trial, the prosecutor do have to show that the accused had actual OR legal notice of the suspension. Although you may not have actually known that your license was suspended, that doesn't mean you didn't have legal notice.... Read more »

1 Answer | Asked in Criminal Law for Georgia on

Q: Is the charge of "possession of a firearm during the commission of a crime" a felony??

Holly G Chapman answered on Mar 4, 2019

Yes, possession of a firearm during the commission of a crime is a felony (O.C.G.A. 16-11-106).

1 Answer | Asked in Criminal Law for Georgia on

Q: My fiance was charged with felony party to crime of theft by taking. How much time could he serve in jail?

Holly G Chapman answered on Mar 4, 2019

The penalty for party to any crime is the same as the crime itself. However, there are several different penalty ranges for theft by taking depending on the amount that was allegedly taken. O.C.G.A. 16-8-12 outlines the penalty ranges for thefts. If your fiance is facing a felony charge, he needs... Read more »

2 Answers | Asked in Criminal Law for Georgia on

Q: Can a person be charged with a terroristic threat if someone says they threaten them over the phone? With no evidence

Holly G Chapman answered on Mar 4, 2019

A person alleging that someone threatened them over the phone is likely sufficient to bring a charge of terroristic threats because the standard for arrest, accusation, or indictment is merely probable cause. To convict someone of terroristic threats, there is a higher standard of proof: beyond a... Read more »

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1 Answer | Asked in Criminal Law for Georgia on

Q: I have a question. What dose it mean to have an accusation brought against you??

Holly G Chapman answered on Jan 30, 2019

A legal accusation is a charging document produced by a prosecutor and filed with the court to start a prosecution against a defendant for a crime. It is the alternative charging document to an indictment, which has to be approved by a grand jury. Not all crimes can be charged by accusation in... Read more »

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