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Questions Answered by Seth Meyerson
2 Answers | Asked in Criminal Law for Georgia on
Q: I got my fourth offense shoplifting charge is it possible to avoid going to jail

What is the longest jail time that I should serve if they bound it over to superior court

Seth Meyerson
Seth Meyerson answered on Oct 12, 2020

You need a good attorney

"Upon conviction of a fourth or subsequent offense for shoplifting, where the prior convictions are either felonies or misdemeanors, or any combination of felonies and misdemeanors, as defined by this Code section, the defendant commits a felony and shall be...
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2 Answers | Asked in Criminal Law for Georgia on
Q: What are the requirements for a person who is incarcerated to participate in the work detail program??

How to find out if the police had knowledge that drugs were being brought in to the jail prior to the event and allowed it to happen??

Seth Meyerson
Seth Meyerson answered on Oct 11, 2020

What does one issue have to do with the other?

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1 Answer | Asked in Real Estate Law for Georgia on
Q: When there is no HOA, & the development company ceased to exist in 2015, how binding is a 2007 20-year covenant now?

I co-own, along with my wife and son, a 1.8 ac lot in Dawson County, Lot 1 of 6 lots that originally comprised 12.2 ac, subdivided by a development company that was subsequently dissolved in 2015. We purchased the lot in April 2020, with the intention that my son would locate his residence there.... Read more »

Seth Meyerson
Seth Meyerson answered on Oct 10, 2020

The question is, who might sue you for breaching your covenant? The other owners are the ones who might be damaged by your departure from the covenant.

Other owners, have they abided by the rules so far?

1 Answer | Asked in Personal Injury for Georgia on
Q: Hi I was eating French fries from Walmart and there was a rock in my fry and I didn’t not know and it cracked my tooth

Is there any legal solution I can do.

Seth Meyerson
Seth Meyerson answered on Oct 9, 2020

Sure, this could be a suit. The problem is the damages do not sound large.

2 Answers | Asked in Criminal Law for Georgia on
Q: Is there a statue of limitations after being charged with felony shoplifting?

I was charged with felony shoplifting in 2004, I think I was arraigned but never sentenced. No next court date came in the mail. In 2016 a warrant was issued for my arrest and I was arrested and given 7 years probation. Was this legal? Or should there had been a "reasonable" time to... Read more »

Seth Meyerson
Seth Meyerson answered on Oct 9, 2020

Once you have been arraigned, there is no statute issue. The warrant was issued for failure to appear.

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1 Answer | Asked in Child Support and Collections for Georgia on
Q: I am on SSI. And child support collection unit withheld my stimulus check and have placed judgements against me.

Can I get my money back?

Seth Meyerson
Seth Meyerson answered on Oct 9, 2020

One of the few things that SSI can be garnished for is child support. Have your children applied for benefits directly from SSI?

2 Answers | Asked in Criminal Law for Georgia on
Q: Can I apply for a weapons carrying license, if i got charged with reckless conduct twice? Misdemeanor. March 10,2015
Seth Meyerson
Seth Meyerson answered on Oct 9, 2020

Misdemeanors do not impact your ability to have a concealed carry license. If you have family violence-based misdemeanor convictions, then you will not be able to own a firearm at all.

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1 Answer | Asked in Real Estate Law for Georgia on
Q: Q: How can I have the ZIP code on my mortgage documents changed? What should I expect?

Live in Atlanta, Fulton County, 30324. Have a condo for 15 years, 15 left to go. The servicer on my mortgage has just changed and I've discovered that the ZIP code on my mortgage documents is wrong - it's listed as 30304 when it should be 30324. What should I do to have it corrected and... Read more »

Seth Meyerson
Seth Meyerson answered on Oct 8, 2020

Unless there is an actual problem, I recommend that you do nothing. There are multiple ways to corroborate the documents to your property. For example property description, the rest of the address, your name, the seller's name, previous documents in the clerk's file with the correct zip code.

1 Answer | Asked in Contracts, Real Estate Law, Civil Rights and Securities Law for Georgia on
Q: We purchased our house in 2008, only to find there's a breech of contract—title NOT free of encumbrances.

We discovered in 2016 our house was foreclosed back in 2011 by the bank that issued our builder's loan. This has robbed us access to our equity and the consideration upon signing the contract to begin with. We are still living in the house. Is the contract void? What are our rights?

Seth Meyerson
Seth Meyerson answered on Oct 8, 2020

I think we talked about this one at some length.

1. Figure out what a third-party bank thinks is wrong with your title, if anything. -- Title insurance issue.

2. What were the terms of the modification that you signed? Were there misrepresentations made to you to induce your...
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2 Answers | Asked in Probate for Georgia on
Q: How do I apply to be an Executor of my mother's recently deceased estate since she had no will. I have two sisters.

My mom died with out a will. For the last five years, I have been living with her and assisting with her care. She had told me it was her wish for me to be her executor of her estates when she passes. I do have two other sibling so I was not quite sure which forms and procures I need to go through... Read more »

Seth Meyerson
Seth Meyerson answered on Oct 8, 2020

You may not have to probate her estate unless there is a property of more than 10K. If you do need to probate her estate, you can petition the Court to be your Mother's personal representative and divide her estate according to intestate (without a will) law.

While not impossible...
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2 Answers | Asked in Probate for Georgia on
Q: My father died May 2019. He appointed his business manager executor but will is not yet filed. What should we do?

Executor is also a major beneficiary. Also beneficiaries are my 2 sisters, step sister and me. Business manager owns a competing business and we feel there is a conflict of interest in his being executor. The business manager was left Dad's house plus ownership of the business, which he must... Read more »

Seth Meyerson
Seth Meyerson answered on Oct 7, 2020

The executor should have handled the funeral expenses.

You can get probate started by submitting a petition to probate the will.

The executor has a fiduciary duty to the heirs. A very high standard. If he breaches this, he can be sued personally. I think you would have to wait...
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1 Answer | Asked in Animal / Dog Law, Civil Rights and Probate for Georgia on
Q: Re Georgia code, which should I reference for reimbursement of reasonable pet fees (vet, insurance, etc.), please?

My father died, leaving his pet without a designated owner in the Will; he mentioned to me before he died that the pet dog was mine; saying, "Blackie is yours." My father said that at least three times to me and other(s). I lived with my parents for the preceding almost three years,... Read more »

Seth Meyerson
Seth Meyerson answered on Oct 7, 2020

Unfortunately, your assumption of ownership of the dog will not entitle you to any more of the estate. The dog, according to GA law, is merely property.

1 Answer | Asked in Personal Injury and Medical Malpractice for Georgia on
Q: 39y/o without my consent, a doctor put saline breast implants in me. Can I receive compensation for pain and suffering?

When I say without my consent, he told me there wasn't any way he could put implants in me. I was measured and marked for the augmentation, when I woke up from surgery, I couldn't breathe, he had put the implants in. I have irregular Heart rhythm (controlled by medication and not related... Read more »

Seth Meyerson
Seth Meyerson answered on Oct 7, 2020

Unfortunately, the issue you describe is far too old for legal redress.

1 Answer | Asked in Civil Litigation for Georgia on
Q: If a current ex-fiance has given me gifts am I required to return them in GA?

We dated a year he's harassing me he wants everything back that he gave me ever. Even the FM radio/CD player that I enjoy so he can punish me he definitely ain't in need of it. My weight is in the 300 range and he has said hurtful things about my weight and he is obese also. He is a wolf... Read more »

Seth Meyerson
Seth Meyerson answered on Oct 7, 2020

No, you are not required to return gifts. You own the property as of the moment he parted with possession.

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Georgia on
Q: A guest at a hotel has my property & refused to pay the hotel. The hotel won't return my property to me. What to do?

He had a musical instrument in the room. He has now left without paying. The hotel owner has taken it home and will not return it to me until the guest pays his bill. What do I do?

Seth Meyerson
Seth Meyerson answered on Oct 7, 2020

You may sue for replevin -- the return of the property.

1 Answer | Asked in Civil Litigation for Georgia on
Q: Georga law , Attempted battry on senior, is this still on the books ???
Seth Meyerson
Seth Meyerson answered on Oct 7, 2020

Yes, attempted battery on a senior is a more serious crime that on a non-senior.

GA Code § 16-5-20(e) (2019): "Any person who commits the offense of simple assault against a person who is 65 years of age or older shall, upon conviction thereof, be punished for a misdemeanor of a high...
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2 Answers | Asked in Probate for Georgia on
Q: My step grandfather died. He was the legal guardian of my sister. Does my sister count as an heir in probate court?

He was a resident of Georgia. His wife, our grandmother, preceded him in death.

Seth Meyerson
Seth Meyerson answered on Oct 7, 2020

Unfortunately, guardianship alone does not entitle your sister to inheritance from your step-grandfather. There are other circumstances where your sister might qualify. Please have your sister consult with an attorney.

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2 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Can I sue a county for favoritizm towards male or female indictments
Seth Meyerson
Seth Meyerson answered on Oct 2, 2020

Not likely.

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1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: In state of ga when there is domestic dispute with gun and someone getting shot should both parties be charged ...

My son was a convicted felon and girlfriend brought gun into situation ..after struggle she was shot but survived..my son got 5 yrs for being around gun and she has not had any charges ...she done it on purpose to ruin his life because he was leaving her

Seth Meyerson
Seth Meyerson answered on Oct 2, 2020

Your son needs (needed) a lawyer.

1 Answer | Asked in Criminal Law and Landlord - Tenant for Georgia on
Q: I have a landlord who came over without my consent and took his tractor dumped my golf cart over is that criminal damage
Seth Meyerson
Seth Meyerson answered on Oct 2, 2020

You should call the police and see if they will take it up as criminal trespass or the like. You might also sue civilly for trespass. See an attorney

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