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 »
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.
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 »
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?
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 »
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 »
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.
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 »
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 »
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 »
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 »
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 »
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.
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.
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.