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Questions Answered by Kelly Case
1 Answer | Asked in Family Law for Georgia on
Q: Im in a visition battle right now and need help we have been to counciling the shaft visitation neither have been good

Now were filing for guardian atlietuim i cannot afford to pay anymore attorney fees and it was given by judge both parties split cost i cant afford it what should I do

Kelly Case
Kelly Case answered on May 8, 2017

I do not understand your question. It seems like you are asking what should you do because you cannot afford something the judge has already ordered. If that is the case, talk to your attorney as they may need to file for the court to revisit that order. If you are asking what to do because you... Read more »

2 Answers | Asked in Estate Planning for Georgia on
Q: What's the primary differences between a testamentary and inter vivos trust?
Kelly Case
Kelly Case answered on May 8, 2017

In a testimentary trust - the trustee has died. In an inter vivos trust the trustee remains alive. www.JudgeCase.com

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1 Answer | Asked in DUI / DWI, Criminal Law and Civil Rights for Georgia on
Q: My boyfriend is a black male, arrested by a white officer for a DUI even though he blew a 0 on the breathalyzer.

My boyfriend asked several times to,be transported to a hospital for a blood test, but was denied. He was advised of a court date on Nov 14, but was called Nov 13 by his bondsman, who stated there was an arrest warrant for missing his court date. He immediately went to court in Nov 14 to inquire... Read more »

Kelly Case
Kelly Case answered on May 8, 2017

This is a very convoluted fact situation and you should probably get in touch with a good criminal or DUI attorney. Ther eis really nothing that you could do other than help him get a good lawyer. Mistakes do happen in the criminal justice system but this sounds like there is something else going... Read more »

1 Answer | Asked in DUI / DWI for Georgia on
Q: In a DUI case when can the defendant subpeona the production of evidence? Is the DA required to include arrest video?
Kelly Case
Kelly Case answered on May 8, 2017

Once charges are officially filed and the case has been assigned to a specific court, you can request a subpoena for records. Typically, there is no need to do this since most solicitors will provide the video and offense report as part of the discovery process. Issuing a subpoena to the police... Read more »

1 Answer | Asked in DUI / DWI for Georgia on
Q: I was convicted as a habitual impaired driver in the state of North Carolina and lost my driver license for life.

Can I therefore get a Georgia drivers license?

Kelly Case
Kelly Case answered on May 8, 2017

Without knowing more, the best I can tell is that Georgia will honor the North Carolina suspension. So you will have to get that issue resolved before Georgia will issue you a DL. Depending on the reason for the suspension in North Carolina, it may be possible to contact a very good DUI lawyer in... Read more »

1 Answer | Asked in DUI / DWI for Georgia on
Q: I got a 10 yr. Suspension after 3 dui's ,92- 06- 07 within 15 yrs in Fla HTO,am I HTO in ga.Can I get a lic.its yr 9
Kelly Case
Kelly Case answered on May 8, 2017

There is not enough information to answer your question. You should contact a very good DUI or administrative license lawyer and bring in all of your paperwork for a consultation. Your fact scenario is very specific and there may be a way around the 10 year rule, but it is just as likely that this... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI and Probate for Georgia on
Q: Violation of DUI probation with a MIP charge sentence?

My sister is 18 years old and in September of 2016 she got a DUI by wrecking in to a mailbox. Now, in March of 2017 while still on DUI probation she has gotten TWO MIP alcohol charges in the same month while still on probation. What type of punishment should she expect?

Kelly Case
Kelly Case answered on May 8, 2017

The judge has complete discretion at this point, but I would not be surprised if she gets the maximum jail time. With everything you have described, she should hire a very good lawyer and listen to their advice. I would tell her to get help immediately and begin either an intensive rehabilitation... Read more »

1 Answer | Asked in DUI / DWI for Georgia on
Q: What are police looking for when they are trying to find people driving drunk on freeways?
Kelly Case
Kelly Case answered on May 8, 2017

My cynical answer is money, but the reality is that there are people that drive under the influence of either drugs or alcohol when they should not. The police are looking for anyone they determine to be intoxicated (different from drunk). Generally, that is if their blood or breath alcohol level... Read more »

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: how to file a PETITION FOR MODIFICATION OF CUSTODY in the state of GA without a lawyer?

how to file a PETITION FOR MODIFICATION OF CUSTODY in the state of GA without a lawyer?

I have a temporary order in place but I would like to regain full custody of my son.

Kelly Case
Kelly Case answered on May 8, 2017

That is a good question. How do you build a rocket to go to the moon without an engineer. How do you perform surgery on yourself without a doctor? How do you cure your dog when you are not a veterinarian? All great questions, but unfortunately, it is not possible to do any of them without the... Read more »

1 Answer | Asked in Family Law and Probate for Georgia on
Q: My fathers body was exhumed without my consent. Is there anything I can do?
Kelly Case
Kelly Case answered on May 8, 2017

There is not enough information to answer your question. Under what authority was it exhumed? What was the method - court order, forensic ME request, etc. Are you the administrator of his estate? Do you have legal authority to make decisions concerning his estate? If you have the legal authority to... Read more »

2 Answers | Asked in Family Law for Georgia on
Q: Does the mother have to let the father see the children if u dont any paperwork
Kelly Case
Kelly Case answered on May 7, 2017

Unless a parent has previously had their parental rights taken away or limited by court order, each parent has the equal right to see and have possession to their child(ren). Www.JudgeCase.com

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Q: Divorced and I have full custody of our child do I need to inform mother when we go out of town?
Kelly Case
Kelly Case answered on May 7, 2017

Probably, but the answer will be in your final decree. If the decree is silent then as a courtesy, it doesn't hurt to let the child's mother know where you will be and always be safe and let other family members know where you are and how to reach you, in case of emergency, yours or... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: Spouse and I falsely accused. Temporarily moved til allegations were unfounded. Can i move back home with child?

I would be crossing state lines and there is one act of dv that is true. We had tug of war over a phone. No criminal charges pending. Fam court has asked me to go to a support group. Its been a month and DSS wont even give me a fact sheet on what Im indicated for. They have 5 days to supply their... Read more »

Kelly Case
Kelly Case answered on May 7, 2017

There is not enough information to answer your question. If you are under a court order to leave the home, then a new court order, allowing you to return must be in effect before you return home. It is unclear from your question the reason/method you were outed from your home. Was this an... Read more »

1 Answer | Asked in Personal Injury for Georgia on
Q: I was bitten by a dog in a major retail corp that resulted in 80 stitches in my face. Can I sue for premise liability?
Kelly Case
Kelly Case answered on May 6, 2017

There is not enough information about the facts of what happened to be able to provide you with an answer. The best I can do is tell you that there may be liability, but there are a lot of questions that must be answered before you get there. It's possible that the store may be liable, but it... Read more »

2 Answers | Asked in Divorce for Georgia on
Q: I live in Georgia i wanna get a divorce but he lives in California & I in Georgia can I file a divorce? Or demand one
Kelly Case
Kelly Case answered on May 9, 2017

As long as you have been a residence of the State of Georgia for more than 6 months, you are eligible to file for divorce in Georgia. It would be a good idea to hire a lawyer because I would anticipate obtaining service on your soon to be ex spouse may be problematic if he resides out of state.... Read more »

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2 Answers | Asked in Criminal Law, Domestic Violence and DUI / DWI for Georgia on
Q: For how many years does a DUI and a domestic violence charge stay on your record ?
Kelly Case
Kelly Case answered on May 6, 2017

Forever. It can be expunged but only under certain conditions and only if it was pled the proper way from the beginning. Contact a competent criminal lawyer in your area for a consultation to find out if your record can be expunged. Good luck! www.JudgeCase.com

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