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Questions Answered by Zachary Taylor Beck
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... View 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... View 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... View 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... View 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... View 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,... View 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... View 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... View 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... View 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,... View 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... View 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... View 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... View More

1 Answer | Asked in Child Custody for Georgia on
Q: If I seen a person driving under the influence of meth with a kid in the car can I wait 1 week then report it to cps
Zachary Taylor Beck
Zachary Taylor Beck
answered on Apr 7, 2022

You can report it. However, it will be within CPS's discretion to investigate the allegations or not. The amount of time you waited before reporting may cast doubt on the veracity of the allegations.

1 Answer | Asked in Traffic Tickets and Car Accidents for Georgia on
Q: Was hit by a car who ran the light while leaving gas station cop gave us citation who's Responsible for my vehicle?

No information was exchanged for insurance purposes

Zachary Taylor Beck
Zachary Taylor Beck
answered on Apr 6, 2022

If you have collision coverage, your insurance will pay to fix your car. If you do not have collision coverage and the other driver's insurance carrier determines the other driver was at fault, then the other driver's insurance will pay to fix your car. However, because you received a... View More

1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: My criminal defense attorney has just been appointed as district attorney. Trying to find out what I need to do now.
Zachary Taylor Beck
Zachary Taylor Beck
answered on Apr 5, 2022

If the case(s) the newly appointed D.A. represented you in is still pending, then you need to hire a new attorney and file a motion for the newly appointed D.A. to recuse himself/herself from participation in prosecuting your case. Further, If the new attorney can argue that recusal is insufficient... View More

2 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: Is there a way for me to cut contact with my child’s father? (For the better interest of my child)… I’m 18 and he’s 19

I had my baby when I was still a minor and we’re not nor ever were married. He didn’t wanna sign the birth certificate since the baby didn’t get his last name so he’s not even on his certificate. He barley sees him and doesn’t contribute towards him at all. As of now it’s just taking... View More

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

Based on the limited facts provided, it appears the biological father has not legitimized his relationship with the child (i.e. the biological father has not taken the necessary legal steps to be considered the legal father). If that is the case, you would have sole legal and physical custody of... View More

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2 Answers | Asked in Divorce for Georgia on
Q: I'm married but separated. Can I buy a mobile home without my husband having any rights to it.

I will be buying a mobile home without the help of my husband. I will pay all the fee's myself. I have my own bank account.

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

It is hard to answer your question based on the limited facts provided. However, it would likely be the best and safest option to obtain a final divorce decree, then acquire the mobile home. If acquired after the final divorce decree, there would be no question that the mobile home would be your... View More

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1 Answer | Asked in Family Law and Landlord - Tenant for Georgia on
Q: Wife and I rent from her parents. The father tried to move in and is raising rent after we refused. What can we do?

My wife and I agreed to rent this property from her father due to them explaining that the condition of the house was not suitable for sale. After about 4-5 years of this situation going fairly rough. He attempted to reach out to us to try to move back in with us while we were still renting. My... View More

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

If you have a lease it will likely control the contractual relationship. Thus, if the lease sets a certain rental amount from say April 4, 2021 to April 4, 2022, then the father likely cannot raise the rental amount within those dates. Even if the father attempts to raise the rental amount mid... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: What does accusation/indictment warrant mean
Zachary Taylor Beck
Zachary Taylor Beck
answered on Apr 1, 2022

An accusation is when the prosecutor, after an arrest by an officer who believed probable cause existed for said arrest, reviews the facts and determines if the officer was correct that probable cause existed for arrest of the specific crime(s) the officer thought appropriate. At that point, the... View More

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