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Georgia Questions & Answers
0 Answers | Asked in Criminal Law and Gov & Administrative Law for Georgia on
Q: Judge in criminal case is friends with opposing side, pictures available, recusal motion filed.

I am involved in a criminal case where the judge, who has continued the case for three years with no end in sight, is friends with the opposing side. We have pictures of them together at a Braves game. Formal motions for recusal have been filed, and there is a hearing scheduled for tomorrow. How... View More

0 Answers | Asked in Constitutional Law, Appeals / Appellate Law and Civil Litigation for Georgia on
Q: Who to contact for due process violation when judge and defender won't help?

I have documents, including a search warrant and 16 additional papers, that violate my right to due process by prejudicing my defense. Neither the judge nor my public defender will review this evidence. With an upcoming court date, whom should I contact about this situation?

0 Answers | Asked in Constitutional Law, Criminal Law and Gov & Administrative Law for Georgia on
Q: Can an officer also be a prosecutor in issuing a search warrant?

In a search warrant that resulted in two people being arrested, can the arresting officer, who also investigated the alleged crime, serve as the prosecutor who both requested and signed the warrant for it to be issued?

0 Answers | Asked in Medical Malpractice, Military Law and Civil Rights for Georgia on
Q: How to file a tort claim against the VA for delayed diagnosis and treatment failures?

After my discharge from the army in 2012, I enrolled with the Atlanta VA Medical Center in 2013, but they failed to establish continuity of care. In November 2015, I visited the VA emergency room, reporting that I had been hit in the head with a gun, experiencing symptoms such as a headache,... View More

0 Answers | Asked in Contracts, Collections and Landlord - Tenant for Georgia on
Q: Is the LL required to return one of the payments described for Aug rent if they failed to record july Payment.Is it BOC?

If a resident lease mandates first full month(July) rent payment due in advance(paid in June), but the residents ledger( used to validate the debt after dispute) shows the description of the payment charged on the first of the month(July) as being for “next months rent”(Aug) did the landlord... View More

0 Answers | Asked in Criminal Law and Internet Law for Georgia on
Q: An acquaintance is facing blackmail with potentially incriminatory information. What are the next steps to take.

The blackmailer is requesting payment in order to withhold this information from law enforcement.

Would it be appropriate to provide at least one payment? This in order to establish that it is in fact blackmail/coercion, or would it be better to not provide any payments at all, as that... View More

0 Answers | Asked in Employment Law and Cannabis & Marijuana Law for Georgia on
Q: Can a GA low-dose THC card be considered a prescription for work despite drug tests?

I have a Georgia Department of Health low-dose THC card due to overwhelming pain, and I am a construction electrician. THC is included in every drug test at my workplace. Shouldn't the low-dose THC card be considered a prescription, allowing me to work despite the company's no... View More

0 Answers | Asked in Foreclosure and Banking for Georgia on
Q: Does a bank in Georgia start foreclosure at FMV?

Does the bank in Georgia have to start a foreclosure sale by the Fair Market Value (FMV)?

0 Answers | Asked in Appeals / Appellate Law, Tax Law and Gov & Administrative Law for Georgia on
Q: Will MA tax follow me if I lose appeal and don't pay?

I moved from Massachusetts to Georgia two years ago and attempted to cancel my Massachusetts vehicle registrations online. However, two of the five registrations did not get canceled. Later, I received an excise tax for that year, even though one vehicle was sold and the other was registered in... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: How can my son improve his defense and reconsider bond in GA murder case?

My son has been in county jail in Georgia without an indictment for several months. He was denied bond. He has a public defender who hasn't been much help. The crime involved a murder where my son was present but fled when he realized what was happening. He was charged with felony murder and... View More

Melaney LaGrone
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Melaney LaGrone
answered on Feb 22, 2025

If you are unhappy with his current representation then you should consider hiring retained counsel. No one can give you legal advise on what to do in his case as we do not know the specifics and he has an attorney.

1 Answer | Asked in Probate and Real Estate Law for Georgia on
Q: Can sister sell deceased father's house without will or probate in GA?

My sister has been living in our deceased father's house for 10 years, and she now wants to sell it. There was no will and no probate proceedings have been initiated. We are 2 brothers and 3 sisters, including the sister living in the house, and as far as I know, my deceased father is the only... View More

Anthony M. Avery
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Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2025

You can file an action for Partition but Sister will seek reimbursement for expenses for which the other tenants in common did not contribute. But she also lived there, so a fair rental could be deducted from her claim to be added to her share. Consult with a GA attorney.

0 Answers | Asked in Business Law, Contracts and Civil Litigation for Georgia on
Q: Truck held by repair shop led to business loss. Legal actions?

I am a former owner-operator of a small trucking company. My truck was held by a repair shop in Jackson, Georgia, under the pretense of waiting for a non-safety related part. Despite the service manager later stating, three months later, that I could take my truck, this delay resulted in the... View More

0 Answers | Asked in Real Estate Law, Landlord - Tenant and Contracts for Georgia on
Q: Is it legal for a landlord to dispose of belongings post-eviction in GA?

My friend was purchasing a house from his boss, and the work he performed was supposed to pay for the house. After paying $10,000, he had a contract stating the house would be paid off in 4 months, but he did not work during some of this period. As a result, they claimed he defaulted on the... View More

0 Answers | Asked in Civil Litigation, Probate and Business Law for Georgia on
Q: Is it legal for my brother, as executor, to transfer a loan to my name without consent?

When my mother passed away, I was living in our family home and later started a Family Home Daycare there. One of my older brothers took charge in managing a possible predatory lending situation involved with the home, which he resolved. However, after resolving this, he became the executor of the... View More

0 Answers | Asked in Criminal Law, Car Accidents, Personal Injury and Civil Litigation for Georgia on
Q: Victim seeking legal options after aggravated assault and hit-and-run case in Georgia.

I am a victim of an aggravated assault and hit-and-run case in which the defendant was initially jailed for 3 months and is now on probation. She was driving under the influence when she rear-ended my truck, then attempted to run me over. Surprisingly, there was no DUI charge, and she had no... View More

1 Answer | Asked in Child Custody and Domestic Violence for Georgia on
Q: What can I do if a family member with temporary custody won't let me see my kids in Georgia?

I've given temporary custody of my children to a family member due to my arrest, through a court order and my voluntary agreement. However, now they refuse to allow me any contact with my children due to their own malicious intent. They have threatened me with a TPO, though a previous TPO was... View More

Joshua Schiffer
Joshua Schiffer
answered on Feb 21, 2025

You need a family lawyer STAT. Someone needs to get involved immediately before this rolls out of control. Find someone LOCAL who will know all the players and get them involved ASAP.

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: Divorce asset and debt division involving home and credit card debts in Georgia.

I am going through a divorce and need help understanding how our assets and debts might be divided. We have a home valued at $250K with an outstanding mortgage, and my spouse has a $20K credit card debt that I have never used. Additionally, there is a $7K debt on a credit card in my name, which he... View More

Regina Irene Edwards
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answered on Feb 21, 2025

Most attorneys won't give specific advice because there isn't enough information to do so. In order to give advice about how a case is likely to turn out, we need to see all the financial discovery. I woild suggest that if you have a credit card in your name that hes using, you may want... View More

0 Answers | Asked in Criminal Law, Cannabis & Marijuana Law and Gov & Administrative Law for Georgia on
Q: What can I do about a marijuana possession citation in Helen, GA affecting my record?

I recently received a citation in Helen, GA, for first-time possession of marijuana under an ounce. The police said it was a city ordinance that wouldn't affect my record, but my court sentencing document lists it as a misdemeanor. In addition to a fine, I am now required to complete either 24... View More

0 Answers | Asked in Employment Law, Health Care Law, Personal Injury and Public Benefits for Georgia on
Q: Can I sue my former employer in GA for wrongful termination and health issues due to unsanitary conditions?

I worked at a company until May 6th of last year. During my employment, I experienced severe stomach issues, which I believe were caused by unsanitary drinking conditions at work. We had no access to clean drinking water, and the faucets were in a horrible state. Despite reporting these conditions... View More

1 Answer | Asked in Juvenile Law, Domestic Violence and Family Law for Georgia on
Q: Can I get emancipated at 15 due to abuse and support from my baby's grandma?

I had a baby at 15 and experienced extreme verbal abuse from my parents during the pregnancy, which led to severe depression. There was also one instance where the abuse became physical. I am considering emancipation and currently have support from my baby's father's mom. I'm seeking... View More

Joshua Schiffer
Joshua Schiffer
answered on Feb 21, 2025

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...
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