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Questions Answered by Zachary Taylor Beck
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,...
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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.

2 Answers | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: Should I do my divorce separately from my childs father's rights
Zachary Taylor Beck
Zachary Taylor Beck
answered on May 24, 2022

I am not exactly sure what you mean by "divorce separately from my childs [sic] father's rights." If you are married to the child's father and seeking to divorce him, then the child's father will have to be a party to the divorce action and child custody will be handled in... Read more »

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2 Answers | Asked in Car Accidents for Georgia on
Q: Me and my family were involved in a car accident in which the other driver was at fault. But previous owner insurance.

The insurance was still on the vehicle from previous owner and they refuse coverage.

Zachary Taylor Beck
Zachary Taylor Beck
answered on May 24, 2022

The insurance company likely denied coverage because the other vehicle involved was at fault. Thus, you should attempt to recover any property damage or bodily injury claims from the at fault driver's liability insurer. However, as a general matter, the insurance on your vehicle runs with the... Read more »

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2 Answers | Asked in Criminal Law for Georgia on
Q: I have been charged with Theft by shoplifting in bremen, ga. However when arrested i had not left the store yet
Zachary Taylor Beck
Zachary Taylor Beck
answered on May 17, 2022

Leaving the store is not required to be prosecuted for theft by shoplifting. The key is whether you had intent to steal, which can be proven by the surrounding facts of how the alleged theft took place. For example, placing a store item in your personal bag or concealing an item underneath your... Read more »

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2 Answers | Asked in Criminal Law for Georgia on
Q: what does 3 years probation to serve 60 days mean

State of Georgia charges are possession of meth

Zachary Taylor Beck
Zachary Taylor Beck
answered on May 12, 2022

It is likely a 3 year sentence with the first 60 days to be served in jail and the remaining 2 years and 10 months to be served on probation.

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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Can a PI use an eavesdropping and/or location tracking device in Georgia, a one-party consent state?

If police need a warrant for this, and it is unlawful for a private citizen to do so, wouldn't it also be unlawful for a PI to do the same? If lawful, why could information gathered this way be admissible in child custody cases when if gathered by a private citizen or law enforcement agency it... Read more »

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

It is not illegal for a private citizen, which is what a private investigator is, to put a GPS tracking device on a vehicle in Georgia as long as it does not damage the vehicle and is not used to stalk or harass. The police are "state actors." Thus, the 4th Amendment's prohibition... Read more »

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1 Answer | Asked in Criminal Law for Georgia on
Q: Can an attorney continue to practice law in Georgia if they plead guilty to Wire Fraud a Felony?

I went through a high conflict divorce in Georgia. During the divorce proceedings the opposing counsel stole nearly 10 million in illegal PPP loans and was prosecuted. She plead guilty to one felony count of wire fraud on 11/12/20. Her plea agreement is all over the internet. I thought it was an... Read more »

Zachary Taylor Beck
Zachary Taylor Beck
answered on May 4, 2022

The State Bar of Georgia and the Georgia Supreme Court, in its supervisory role over the State Bar of Georgia, have wide discretion in determining what conduct constitutes disbarment. Thus, disbarment is not automatic simply because a licensed Georgia attorney pleads guilty to a felony. Further,... Read more »

1 Answer | Asked in Traffic Tickets for Georgia on
Q: I was driving my girlfriends car and got pulled over for 40-2-7 I was wondering if there’s any chance I will get jail

This is my first offense and they also booked me for operating without tag. It wasn’t my car but I did know it wasn’t good. I’m about to graduate and I really don’t want to stress about maybe getting jail time. I don’t know how serious these offenses are

Zachary Taylor Beck
Zachary Taylor Beck
answered on Apr 20, 2022

Violation of O.C.G.A. section 40-2-7 is a misdemeanor. This means you could face up to 12 months of jail time. However, with no criminal record and the nature of the offense, it is unlikely you will be sentenced to serve jail time. But whether or not you are sentenced to serve jail time is within... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: I have a new misdemeanor charge and I am on feliny probation. Will I have to go to jail for an extensive amount of time?
Zachary Taylor Beck
Zachary Taylor Beck
answered on Apr 18, 2022

It will depend on the specific facts of your case such as the nature of the new misdemeanor charge, if you had violated your parole at a previous time, etc. The judge will have the discretion to make you serve the remainder of your parole in jail or prison.

1 Answer | Asked in Criminal Law for Georgia on
Q: a guy buys a girl a car for cash and puts it only in her name can he charge her with theft if they breakup?
Zachary Taylor Beck
Zachary Taylor Beck
answered on Apr 14, 2022

Based on the limited information provided, no. If the vehicle title is in the girl's name it is not theft, she is the legal owner. The fact that the guy purchased the vehicle is likely immaterial because he, assuming voluntarily, put it in the girl's name. This transaction seems like a... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Georgia on
Q: We are under investigation by the FBI and department of veteran affairs for fraud - no charges yet - what should we do?

GI BILL program fraud 85/15 rule - business raided this morning and evidence collected - the owner paid a man to be the expert liason for the program which she knew little about and he submitted false documents to her which he assured her was how it was supposed to be done and she signed them and... Read more »

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

Hire an experienced criminal defense lawyer and do not answer any of the investigators questions.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: Can a un indicted accomplice who didn't see the actual crime be exempt by the hearsay exemption rule?
Zachary Taylor Beck
Zachary Taylor Beck
answered on Apr 12, 2022

Need more facts to answer this question. The hearsay evidentiary rule excludes out of court statements that are offered to prove the truth of whatever it asserts. If the un-indicted accomplice is available to testify, then he/she can testify, to an extent and subject to many evidentiary objections,... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: If i hire a lawyer in Ga and i feel he isn't doing his job can i fire him and also get my money back?
Zachary Taylor Beck
Zachary Taylor Beck
answered on Apr 12, 2022

Look to the retention agreement between you and your lawyer.

1 Answer | Asked in Car Accidents, Products Liability, Consumer Law and Small Claims for Georgia on
Q: My car was damaged by an automatic car wash machine. The damage was caused by broken device. Are they negligent?

The attendant said that they are not liable for damage to vehicles over ten years in age. Some solid device smashed into the side of the car and busted the driver's side outside mirror assembly. They even stopped the automatic conveyor machine because they heard the loud "POP" sound... Read more »

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

If the car wash had warning signs (essentially liability waivers) in reasonable view, then you likely assumed the risk of damage to your vehicle by using the car wash. Thus, the car wash is not liable.

1 Answer | Asked in Car Accidents and Insurance Defense for Georgia on
Q: My daughter was hit by another driver while in a rental through my car insurance. Now rental company billing me

The police officer failed to do her due diligence on report and lost information that was valid to report and was calling my daughter harassing her about information she (officer) needed. The rental company stated that they would have someone call me so that I could show them the pictures of the... Read more »

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

Look to your liability insurance policy/contract. Your insurer may have denied coverage because your liability policy does not cover your daughter driving a rental car. This could be for many reasons: daughter is an excluded driver under your policy, your policy does not cover rental cars driven by... Read more »

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