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Questions Answered by Zachary Taylor Beck
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 »

1 Answer | Asked in Traffic Tickets for Georgia on
Q: Does cobb county offer probation on drive will suspended license
Zachary Taylor Beck
Zachary Taylor Beck
answered on Jul 1, 2022

Possibly. Judges have wide discretion in whether to allow sentences to be served in jail or on probation. Best bet is to try to get a favorable plea deal from the prosecutor before entering an open plea.

1 Answer | Asked in Traffic Tickets for Georgia on
Q: I have a red light violation from 2020 in Clayton County GA. What happens when I plead not guilty?
Zachary Taylor Beck
Zachary Taylor Beck
answered on Jul 1, 2022

The case will be scheduled for a pre-trial hearing. At the pre-trial hearing, a trial date will be set and then the case tried on said trial date.

1 Answer | Asked in Criminal Law for Georgia on
Q: Is there a difference between criminal street gang activity and violation of street gang terrorism and prevention act?
Zachary Taylor Beck
Zachary Taylor Beck
answered on Jul 1, 2022

Chapter 15 of Title 16 of the Georgia code is called the "Georgia Street Gang Terrorism and Prevention Act." Thus, it is merely the title of the chapter. Within Chapter 15 is the prohibition of participation in criminal gang activity (See O.C.G.A. section 16-15-4), which is the actual... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Georgia on
Q: Can a cop open a closed and latched gate (of a third party) that has a no trespassing sign on it with an arrest warrant

LEO's opened my gate because they suspected that a person they had an arrest warrant for was there. Which they weren't there. Did they have the right to just unlatch my gate (that has a no trespassing sign on it) and open them up, and proceeded onto my property looking for said suspect?

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jul 1, 2022

Yes, if the police relied upon reasonable, articulable facts that the person they had a valid arrest warrant was on the property. It does not matter if the person was actually on the property if the above standard was met. However, the police will be limited to only search the property for where a... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: Will the below info be on my record?

A cop caught my girlfriend and I in her car having sex. I didn't have my ID on me, so he took my name and birthdate and went back to his car. He came back and told us that he wouldn't issue a warning or a citation since our embarrassment was enough of a punishment. Will that be on my... Read more »

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jul 1, 2022

It is possible there will be an administrative record of the stop within the police department records. However, since you were not formally arrested or convicted, the encounter will not likely be public record.

1 Answer | Asked in Personal Injury, Civil Litigation and Wrongful Death for Georgia on
Q: Can phone conversations from a deceased person and the person being sued be used in a civil suit case?

Trying to get what justice any way we can for our daughter that was taken advantaged of and overdosed at perpetrator house. Seeking his home insurance. Investigators never got dna from suspects and we believe there was others at the house at the time of her fatal moments. There was other phones... Read more »

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jul 1, 2022

It will depend on the facts and circumstances of when the phone conversations took place and the substance of the conversations. The hearsay exceptions, regardless if the declarant (i.e., person being sued or daughter) is available to testify, are codified in O.C.G.A. section 24-8-803. The hearsay... Read more »

1 Answer | Asked in Car Accidents for Georgia on
Q: I was in an accident and they only had $25,000 in coverage.I didn't have any additional coverage.Can I get lost wages
Zachary Taylor Beck
Zachary Taylor Beck
answered on Jun 28, 2022

Assuming the other driver was at fault, you can still pursue lost wages against the at fault driver and recover any lost wages from the personal assets of the at fault driver. This is true regardless of the $25,000.00 in liability limits being exhausted to cover medical expenses, general damages,... Read more »

1 Answer | Asked in Personal Injury for Georgia on
Q: Can I sue my parents for neglect/abuse from my childhood?

I am 22 now, but before I was 12 I was neglected and abused in the home. My mom was charged with child endangerment at one point and I have an incident report along with other things to prove it happened. Is my statue of limitations up? And how likely am I to win something like that. I'd only... Read more »

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jun 23, 2022

Most likely no. Georgia has a two year statute of limitations to bring civil claims arising from injuries to the person, which would include emotional distress. See O.C.G.A. section 9-3-33. Thus, any type of civil claim is likely time barred. Further, even if the statute of limitations would have... Read more »

1 Answer | Asked in DUI / DWI for Georgia on
Q: I have a dui and drug charge on my back ground I am wanting to see if I can get it Exsponged?
Zachary Taylor Beck
Zachary Taylor Beck
answered on Jun 23, 2022

Georgia law does not allow expungement of DUI convictions or felony drug convictions. However, you may be able to expunge the drug conviction if it was for a misdemeanor offense. You would file a petition with the convicting court to request expungement.

O.C.G.A. section 35-3-37(j)(4)(A)...
Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: In the State of Georgia can a person who has been convicted of a state felony and served his sentence own a firearm?

This person completed his sentence 26 years ago

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jun 23, 2022

The short answer is no. However, if the person obtains a pardon from the governor or was sentenced as a first offender and was discharged without court adjudication of guilt, then the person can own a firearm. See O.C.G.A. section 16-11-131.

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: can someone get first offender act if charged with 2 counts of aggravated assault and possession of firearm

the person already has a plea but hasnt excepted it because lack of evidence

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jun 15, 2022

The short answer is yes. However, the person must not have a prior felony conviction and the aggravated assault charge must not have been against a law enforcement officer. Further, judges have wide discretion in sentencing someone as a first offender. See O.C.G.A. section 42-8-60. Therefore, the... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: Can my ex husband put my 13 yr old away without my permission because he's mad about her moving with me ?

We have joint custody and he has say over her and our 6vyr old school and stuff and I have say over the 15 and 4 yr old school. And stuff she's 13 and wants to be with me and she doesn't need any help she's doing fine but he's threatening to put her away and I won't allow... Read more »

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jun 14, 2022

I am not sure what you mean by "put away." If there is joint physical custody, then you and your ex-husband have equal physical custody rights that would be established by the parenting plan. Thus, your ex-husband cannot unilaterally infringe on your physical custodial rights without a... Read more »

1 Answer | Asked in Civil Litigation for Georgia on
Q: I was molested in 1989 at age 5 by my, at the time, 15 yr old cousin. Can he pay for his crimes or is it too late?

I never said anything or pressed charges because I didn’t want to burden my aunt and uncle and I was ashamed. I always figured it was too late to do something. When I found out that there was another victim and that the offender is still infatuated with children per his Facebook page, I felt the... Read more »

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jun 9, 2022

In the civil context, because the abuse occurred before July 1, 2015, you would have had to file a civil lawsuit on or before your 23rd birthday. See O.C.G.A. section 9-3-33.1. Thus, any civil claim will likely be time barred.

In the criminal context, prosecution would have had to occur...
Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: If i am on probation and someone I am living gets caught with drugs on the premises what happens to me
Zachary Taylor Beck
Zachary Taylor Beck
answered on Jun 9, 2022

It likely depends on the terms of your probation. If a term of your probation restricts you from being around that person or person(s), or anyone you know to have drugs or is a drug user, then the state may allege you violated your probation.

If it is alleged you violated your probation,...
Read more »

2 Answers | Asked in Divorce for Georgia on
Q: If I want to fire my divorce lawyer and file myself, do I dismiss him or ask him to withdraw?

I am in GA and have been trying since the end of Oct 2021 to get divorced from my husband who I have a TPO against for a year. I have no more money to pay and will file Pro Se. We have no minor children and the only thing I wanted in my original request is a divorce (which I paid upfront for a... Read more »

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jun 8, 2022

Unequivocally tell your attorney you want to fire him/her. At that point, the attorney should file a motion to withdraw with the Court. Further, it is good practice for your attorney to draft a termination letter and for you to review and sign. However, the termination letter will not be filed with... Read more »

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1 Answer | Asked in Criminal Law for Georgia on
Q: If with a citation and listed mandatory court date, will I be sentenced to a mandatory minimum of jail time?

I got a citation for Possession and use of a drug related object. I went to a website which states that I cannot pay online due to the mandatory court date. Upon further online research, I see a few sources stating that it is a misdemeanor punishable by a fine of no more then $1000 AND 1-5 years in... Read more »

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jun 8, 2022

With the charges listed above, and no prior criminal history, there is no statutorily mandated minimum jail sentence that you would have to serve in confinement. However, judges have wide discretion in sentencing someone to jail (i.e., confinement), probation, fine(s), community service, treatment... Read more »

1 Answer | Asked in Criminal Law, Banking and Federal Crimes for Georgia on
Q: If someone uses venmo to fraudulently transfer money from one person's bank acct to their acct and the victim's bank

Tracked their location thru the IP address, but at the time the victim didn't press charges Almost a year later could the victim decide to press charges. The amount stolen was around $2000.

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jun 7, 2022

The short answer is yes. However, an important caveat is that the State (i.e., Prosector's office in the county where the alleged theft occurred) decides whether to pursue charges, not the victim. Therefore, because the amount stolen was over $500.00, the alleged thief would likely be charged... Read more »

2 Answers | Asked in Criminal Law for Georgia on
Q: Is it illegal for a woman officer to search a man the side of the road . There where only two women no man on the scene
Zachary Taylor Beck
Zachary Taylor Beck
answered on Jun 7, 2022

No, it is not illegal. Of course, it may be good practice or the police department's policy to conduct same gendered roadside pat downs when practically possible. However, there is no statute which requires same gendered roadside pat downs.

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1 Answer | Asked in Criminal Law for Georgia on
Q: Should the Habeas corpus brief be entered into court before or after the hearing In the state of Georgia
Zachary Taylor Beck
Zachary Taylor Beck
answered on Jun 6, 2022

You have to exhaust your appeals in state court before you can file a federal habeas petition.

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