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Questions Answered by Robbie Levin
3 Answers | Asked in Divorce and Family Law for Georgia on
Q: are pensions marital property in Georgia?
Robbie Levin
Robbie Levin
answered on Sep 4, 2023

In general, pension plans are treated like any other property – if they accrued during the marriage, they are marital property subject to equitable division. Any portion that accrued prior to the marriage, however, is considered the separate property of that spouse.

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2 Answers | Asked in Criminal Law and Constitutional Law for Georgia on
Q: Is denying a preliminary hearing illegal if someone is charged with a felony, not been indicted yet, in Georgia?
Robbie Levin
Robbie Levin
answered on Mar 27, 2023

The purpose of a preliminary hearing, also known as a probable cause hearing, is to make sure that a person is not held in jail without some evidence to support the incarceration. So, if a person is out on bail and not in custody, there is no need for a probable cause hearing.

If the...
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1 Answer | Asked in DUI / DWI for Georgia on
Q: What happens at a bench trial for a DUI? Am I risking harsher punishments by not working out a plea deal?

Have an attorney who waived my arraignment and put me directly on a bench trial without knowing my BAC or anything else about my case. Other attorneys in the area are telling me this is not normal.

Robbie Levin
Robbie Levin
answered on Mar 8, 2023

There may be some reason that your lawyer is opting for a bench trial. A bench trial is a trial where the Judge decides guilt or innocence, and there is no jury. Normally you would be better off with a jury trial. Working out a plea in the case would usually lead to a better sentence than the... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: how do i file a motion of a continuance on behalf of my fiancee who is in jail. we are hiring a private lawyer.

its a probation hearing. he was at work. his probation officer come to the house and he wasnt home. his dad is in last stages of dementia and he told them we didnt live there. he has lived there ever since he had a stroke in november 2021. he was released from rehab because of stroke. he was... View More

Robbie Levin
Robbie Levin
answered on Mar 6, 2023

If he has a court date scheduled, it's obviously best if you can hire a lawyer before that court date. However, if you need time to hire a lawyer, then you can show up at the court date and orally request a continuance to hire an attorney. Most Judges will grant at least one continuance to... View More

2 Answers | Asked in Divorce for Georgia on
Q: Typically what is the cost for an annulment in the state of Georgia

Was married for 7 days

Robbie Levin
Robbie Levin
answered on Dec 28, 2022

Most lawyers likely charge the same price for an annulment as a divorce. The price can vary significantly on a case by case basis.

A reasonable range is probably between $2000 and $4000 for something fairly basic.

For more information visit my website at www.LevinLawyerGa.com

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1 Answer | Asked in Divorce and Child Custody for Georgia on
Q: My wife and I are currently going through a divorce but she refuses to sign the paperwork and won't let me see my son.

Is there any type of emergency order I can file for parenting time with him?

Robbie Levin
Robbie Levin
answered on Dec 24, 2022

It sounds like you need a Temporary Hearing to set up visitation until the Divorce can be finalized. The court can set a time/date for a temporary hearing.

For more information, visit my website at www.LevinLawyerGa.com

1 Answer | Asked in Criminal Law and Family Law for Georgia on
Q: What does it mean when it says motion to recall bench warrant is denied. Bench warrant pending to be served.
Robbie Levin
Robbie Levin
answered on Nov 27, 2022

It means the person failed to appear at a court date, and an arrest warrant was issued. Additionally, it means that the court refused to dismiss the warrant. So the person needs to turn themself in, or eventually the person will be arrested.

It’s a good idea to obtain a lawyer to help...
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1 Answer | Asked in Criminal Law for Georgia on
Q: Why is my 28 year old daughter being held in jail for Colorado warrant under Georgia 17-13-33? What are her rights?

My daughter was arrested 10 days ago at work in Norcross, GA. She is a young mother of one 6 year old child. I've never known her to be anything less than a loving, kind, sweet mother and law abiding citizen. I only know that she was picked up at her place of employment for mailing contraband... View More

Robbie Levin
Robbie Levin
answered on Nov 14, 2022

When a person is arrested, they will remain in jail until they post a bond, or until the case is resolved by plea, dismissal or trial. If your daughter was not given a bond amount, it is probably a good idea to hire a criminal defense attorney to help get her a bond.

I don't know...
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1 Answer | Asked in Criminal Law for Georgia on
Q: How long will I sit in jail for a misdemeanor shoplifting/fta warrant
Robbie Levin
Robbie Levin
answered on Aug 18, 2023

There is no exact answer because many factors can affect the length of time. Some jurisdictions handle misdemeanor jail cases regularly so that people don't languish in jail too long on minor offenses. In other jurisdictions a defendant could sit in jail for months before being brought to... View More

1 Answer | Asked in DUI / DWI for Georgia on
Q: Please help me get this off

I was working out of state I got a DUI which was my second I went to court but

My paperwork got mixed up saying it was my fifth which meant I had to go to felony court well then they realized the first hearing was the right one but by then my job had ended and I was gone back home this was... View More

Robbie Levin
Robbie Levin
answered on Aug 1, 2023

I don't really understand exactly what you are asking. Did you enter a plea of guilty? Is the charge still pending?

For more information, visit my website at www.LevinLawyerGa.com

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: Can I get a divorce when my husband want sign
Robbie Levin
Robbie Levin
answered on Jun 27, 2023

Yes. You can still get a divorce. It will just require a few extra steps if he won’t sign off on the paperwork.

A lawyer can help you ask the Judge to make him pay your attorney fees if he’s holding up the process for no good reason.

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2 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Do I have to attend a calendar call, even though my lawyer won't be there?

My attorney's office told me I don't have to attend my calendar call because my attorney filed a conflict letter to the court, and will not be able to attend.

Robbie Levin
Robbie Levin
answered on Jun 14, 2023

Generally speaking, defendants are required to attend calendar call. It is possible that your attorney obtained permission from the court to excuse you from appearing. An attorney conflict letter by itself does not excuse the defendant from appearing.

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1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: Can I sue a teacher who did a terroristic threat against my son?
Robbie Levin
Robbie Levin
answered on May 23, 2023

Anyone can sue anyone. I don't know the facts, so I have no idea if your claim would succeed. However, if someone threatened to kill your child, you should report it to the police.

1 Answer | Asked in Criminal Law for Georgia on
Q: If I have prior drug charges but am no longer on probation and get a trafficking charge? Is there any way of rehab?
Robbie Levin
Robbie Levin
answered on Mar 22, 2023

There are mandatory minimum prison sentences for trafficking charges. The minimums depend on the weight/amount of drugs. To avoid prison time, you would need an attorney to negotiate a reduced charge.

For more information visit my website at www.LevinLawyerGa.com

2 Answers | Asked in Criminal Law for Georgia on
Q: If they go to court after it over do u get ur money back u put up to get them out

We pay 3000. Dollar and they did not give it back

Robbie Levin
Robbie Levin
answered on Mar 1, 2023

If you use a bonding company, then you do not get the money back. If you pay the full bond amount directly to the jail, then the money is returned at the conclusion of the case.

For more information, visit my website at www.LevinLawyerGa.com

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2 Answers | Asked in Divorce for Georgia on
Q: Can I reopen a divorce case that was pending
Robbie Levin
Robbie Levin
answered on Feb 23, 2023

It is possible that the case can be reopened, but not all cases can be reopened. It depends on why it was closed among other factors. In some cases it might be easier just to refile. More specific information would be needed to determine the best course of action.

For more information,...
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1 Answer | Asked in Consumer Law and Criminal Law for Georgia on
Q: individual to do appraisal of valuable photos refuses to return photos. What do I do?

My mom was looking to sell photos that were taken by her mom of famous people, i.e. JFK , Astronauts john Glenn Shepard and their are many. She was to review and appraisal first and then we would go from their as to how much they are worth. She owned a Junk/Antiques and local pawn shop, The... View More

Robbie Levin
Robbie Levin
answered on Feb 1, 2023

If someone refuses to return your property to you, then they are committing a theft. You can call the police. You could also hire an attorney to "politely" ask the person to return the property.

For more information, visit my website at www.LevinLawyerGa.com

1 Answer | Asked in DUI / DWI for Georgia on
Q: I was charged with a DUI less safe alcohol and controlled substance in Paulding County Georgia.

I was charged with a DUI less safe alcohol and controlled substance in Paulding County Georgia. My blood test had a BAC of .045 and the controlled substance is from Adderall which I am prescribed. The night of the stop I went through a yellow light that turned red. I did not submit to the field... View More

Robbie Levin
Robbie Levin
answered on Jan 11, 2023

It is not possible for a lawyer to advise you whether to enter a plea or go to trial without a thorough examination of all the evidence. I have no idea what evidence you may have given through your own statements. I have no idea what other evidence may have been found at the scene. My guess is... View More

1 Answer | Asked in Divorce for Georgia on
Q: My husband and I have been separated for 35 years. I know that he lives in New York address unknown

I live in Savannah Georgia how much would it cost to get a divorce

Robbie Levin
Robbie Levin
answered on Jan 8, 2023

If you can show the Court that you’ve exhausted all reasonable efforts to find him, then you can serve him by publication. The divorce would likely cost around $2500.

For more information visit my website at www.LevinLawyerGa.com

1 Answer | Asked in Criminal Law for Georgia on
Q: Identity theft, possible concealing of a murder buy another party, trust and family, LLC business assets

Where do I start? I need help

Robbie Levin
Robbie Levin
answered on Jan 3, 2023

If you are charged with those crimes, your first step should be hiring an attorney.

For more information visit my website at www.LevinLawyerGa.com

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