Thats a bit complicated and depends on timing, since Georgia did away with Common Law Marriage in 1997 and you may be considered married depending on how it all shakes out.

This is worth you speaking in detail with a tax lawyer to get to the bottom of it, as financial control is a major... View More

The best thing to do is have a few consults with some family lawyers to learn about the emancipation process in detail. It would appear you have the basic facts/justification, now it is about presenting that to the correct forum.

You may even find a charitable group to assist you, as many... View More

You have every right to be concerned and I advise you take action as this relates to health and safety. You need to reach out to your family lawyer and craft a plan to address and ensure the child is not being cared for in a negligent manner, as the DUI shows is happening.

It is routine... View More

You need to reach out to the GCIC department over at the GBI and get them to correct the inaccuracies. https://gbi.georgia.gov/georgia-crime-information-center

Erroneous information will cause major headaches for the rest of your life as Authorities basically "trust" the GCIC... View More

The BEST thing you can do is advocate with the prison as well as the GA DOC and your local elected representatives until you get a response. BE SURE to record as much as possible and communicate in WRITING. The Prison has duties and they sadly only fulfull them when there is a record showing how... View More

Depending on the charge, the First Appearance Judge may not have had the ability to grant a bond, or they could have just declined.

Regardless, the lawyer should be able to file for the proper hearing in front of then proper judge immediately, and then it is all about getting the person on... View More

It would be very difficult, if not impossible, to expose a State actor to civil liability in this scenario.

State Actors have substantial immunities attached to their work and as this case involves an under sentence violent felon with know criminal tendencies choosing to continue to... View More

You have LOADS of impact on the case, although the final call to prosecute or not is solely the State's.

At the same time, your participation (if you are central to the case) may be necessary for the State to move forward and you have the freedom to cooperate or not. If you refuse to... View More

Well, there are a few things to unpack there.

Procedurally after 90 days of pretrial incarceration he should be indicted or bond needs to be set, as much as the courts ignore the law regularly. His lawyer should be pitching a fit.

THAT BEING SAID, these kinds of DV charges are... View More

Commonly putative victims want to clarify the reported details of their incident, and unfortunately that comes with a load of consequences. The State can and WILL use any clarification as alleged evidence of abuse and control, and try to substitute their judgement for the witness's.... View More

Regardless of actual evidence, the elected executive prosecutor in your jurisdiction has final say on what charges are presented to the Grand Jury or directly accused. That doesnt mean anyone is Guilty and your evidence is both RELEVANT and ADMISSIBLE.

Many, many cases have alleged... View More

If the defendant has a lawyer, try to facilitate with them as it sounds like a simple bond modification is what you need and they will be able to file for it.

If you want to go ahead by yourself, you can petition the court independent of the case for a bond modification, but that is very... View More

First stop is to talk with a qualified lawyer so you can explore your options as a putative victim who may have also acted in a criminally improper manner. A defense attorney must keep your conversation CONFIDENTIAL, and that is how you will be able to find the best pathway. I cant recommend... View More

You are absolutely within your rights to refuse entry, absent a court order, but you need to be prepared to mitigate their conclusions as well as facilitate an inspection.

I STRONGLY advise you to communicate with them through an attorney, or at a minimum with witnesses and video, and... View More

In all states, the person who the order subjects to restrictions must abide by the order until the order is changed or dismissed by a Court. The petitioner has NO RIGHT or ability to amend, suspend, cancel or dismiss a Court Order, only Courts can do that.

The change in circumstance is... View More

You need to get a second opinion from a local criminal lawyer as generally you can move to amend or clarify sentences on a motion, but no guarantees. Failure to use all your remedies is an appellate issue and can be ineffective assistance of counsel, but there is a lot of strategy at play the... View More

In short, yes. Generally sentencing happens AT PLEA in GA, so I am a bit confused by your situation, and talking with the Public Defender or a private lawyer is a good idea as that sounds strange.

BY law, you have the right to move for a withdrawal of your plea within the current term of... View More

Misdemeanors are generally not subject to interstate extradition, although they can result in other impacts such as on your driving record.

If the charge is IN Georgia, the locals will generally arrest and hold the person with the warrant and make them available to the jurisdiction with... View More

Get with the program coordinator, DOCUMENT YOUR EFFORTS IN WRITING, and stay compliant with EVERYTHING possible outside the money. Courts do not like incarcerating folks for legitimate financial hardships (theoretically illegal) and while it may get bumpy, you should be in good shape. Try to pay... View More

Act fast and try to nip this one in the bud!

Mistaken identity arrests DO happen, and your friend will want to talk with a criminal defense attorney with experience in Civil Rights to ensure that the case gets dismissed AND any/all issues are preserved if there is any kind of claim against... View More