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2 Answers | Asked in Car Accidents and Personal Injury for Georgia on
Q: No fault accident, if I only receive enough to pay off car, can I sue to get additional to purchase another vehicle?
Michael W. Horst
Michael W. Horst
answered on Sep 25, 2024

Following an accident in which a vehicle is totaled, the owner of the totaled vehicle is entitled to the fair market value (FMV) of the vehicle at the time of the crash. In other words, if your vehicle had a FMV of $5,000 at the time of the crash, $5,000 is all you can recover no matter the amount... View More

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2 Answers | Asked in Trademark for Georgia on
Q: I have a clothing trademark but I want to sell my designs as prints off of the same website. Will that hurt my trademark
Sean Goodwin
Sean Goodwin
answered on Sep 25, 2024

Nope. The trademark registration does not have to cover every service/good you provide. However, if selling prints is something that you want to do long-term, then it would be smart to contact a trademark attorney and file an application to add that service to your existing trademark registration.

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1 Answer | Asked in Civil Rights and Constitutional Law for Georgia on
Q: I feel like I was victim to an illegal encounter with police and my 4th ammendment rights were violated. I saw with my

Own eyes as the k9 officer hit my cartoon with a ball on a rope. Only then did the dog alert. Is that not totally bogus?

James L. Arrasmith
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answered on Sep 25, 2024

What you describe sounds like it could be a violation of your Fourth Amendment rights, which protect against unreasonable searches and seizures. If the officer manipulated the situation to make the K9 alert by using a toy or ball, it could indicate that the alert was not legitimate. The K9's... View More

1 Answer | Asked in Real Estate Law, Civil Rights and Election Law for Georgia on
Q: In Georgia, USA, can an HoA limit political speech (displaying a sign)?

The HoA Covenants and Restrictions prohibit any sign not explicitly approved by the HoA; however, this provision has been historically, unequally, and inconsistently, enforced.

James L. Arrasmith
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answered on Sep 25, 2024

In Georgia, an HOA can impose restrictions on signage, including political signs, if those rules are laid out in the HOA's Covenants, Conditions, and Restrictions (CC&Rs). However, these restrictions must be applied consistently and fairly to avoid claims of discrimination or selective... View More

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: I need help with custody. My child’s mother picks and chooses when and how I can see my son. Can someone help w custody

I need a lawyer willing to take my case that’s not so expensive. Please someone help me. I miss my son and it’s affecting him to. Looking for a lawyer in Clayton county ga

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 3, 2024

You will to gather funds to hire any attorney. I'm not sure what "not so expensive" is as most attorneys have a retainer and charge by the hour. Contact attorneys directly so you can get pricing and provide them with more information on what you are seeking.

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: Married for 20 years name not on mortgage or title should I add before I get divorced or can a mediator take care of it?

I'm going to keep the house and she wants to leave( she is already approved for another town house) what do I need to do and also to keep mortgage the same when she leaves divorce final?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 3, 2024

Hire an attorney to represent you. Mediators don't write agreements or orders. If you attend mediation then you can reduce to writing what you all agree with. Otherwise, an attorney can draft paperwork with what the parties agree too and if there is anything the parties do not agree too,... View More

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1 Answer | Asked in Criminal Law for Georgia on
Q: I have completed my conditional discharge. How long does it take for my record to be sealed? Do I need to do anything?

How long does it take for it to be sealed? And is there anything I need to do? How will I know? My probation officer basically just told me the date my probation would be completed and I never heard from him again.

Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Sep 25, 2024

This depends on your case's jurisdiction (the Court from where your matter was discharged). Some courts have their administration track the matters and automatically proceed with record restriction. Others notate the file and await the Defendant's request for record restriction.

1 Answer | Asked in Traffic Tickets for Georgia on
Q: Do all vehicles got to have a third brake light to be on aby georgia roads. Most older cars doesn't have a third brake
Glenn T. Stern
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answered on Sep 23, 2024

The Federal government through the NHTSA mandated that all cars manufactured from 1986 and on to to have the third brake light. Georgia law requires that if a car was manufactured with two brake lights, both must be operational (OCGA 40-6-25(b)) and in general that all brake lights work properly... View More

2 Answers | Asked in Medical Malpractice and Wrongful Death for Georgia on
Q: CT scan says Diffuse cerebral edema, probably due to a combination of traumatic brain injury & hypoxic/ischemic injury??

What does this mean or what is the cause

Kimberly Grant
Kimberly Grant
answered on Sep 23, 2024

An attorney would need to review the records to answer this question, but it sounds like there is brain swelling either from a traumatic brain injury (fall, accident, etc.) or a lack of oxygen to the brain, which can have many causes. I recommend contacting a medical malpractice/wrongful death... View More

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1 Answer | Asked in Criminal Law for Georgia on
Q: SubContractor uses contractor truck and doesn’t return it because of dispute of payment. Is that theft by taking?
Glenn T. Stern
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answered on Sep 23, 2024

Sounds like theft by taking to me. If there is a payment dispute, the remedy for the subcontractor is to file suit in civil court, not take it upon themselves and seize valuable collateral as compensation.

1 Answer | Asked in Traffic Tickets for Georgia on
Q: Can a motion for Directed Verdict be used in court/ Jury trial when the judge has reset the case 4 times ?

The judge reset the jury trial 4 times now due to the arresting officers not showing up at trial. Can I the defendant move for this case to be dismissed for lack of evidence? What motion or dismissal request would be the proper way to request dismissing the case if the Motion for Directed Verdict... View More

Glenn T. Stern
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answered on Sep 23, 2024

You could move for a "motion to dismiss for want of prosecution," and you can make the motion orally if you're in court and the officer does not appear.

1 Answer | Asked in Uncategorized for Georgia on
Q: Husband passed away. I have gone thru probate, I am the Representative. Am I responsible for paying his creditors?
James L. Arrasmith
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answered on Sep 23, 2024

I’m sorry to hear about your loss. When handling your husband's estate, you typically aren't personally responsible for paying his debts from your own funds. Instead, the debts are paid out of the estate during probate.

As the representative, your role is to manage the estate,...
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1 Answer | Asked in Family Law for Georgia on
Q: I don't have an id and can't get one right now but want a paternity test done on my son how do I do this
Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 3, 2024

I'm not sure what one thing has to do with the other but without the custodial parents consent you will need a court order to get a paternity test. If you take the mother to court to assert your parental rights, the court can order a paternity test. Speak directly with an attorney to... View More

1 Answer | Asked in Family Law, Real Estate Law, Child Custody and Child Support for Georgia on
Q: What if the other party's lawyer is asking demands via phone and refuses to email me anything? Can I report him?

The father of my child is asking us to leave the house, under his name, and is demanding short time. He moved out years ago. The lawyer has not presented me with papers or anything physical but constantly calls me, and reminds me of deadline. I told him, nothing is legitimate until I see papers.... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 22, 2024

If you have a family court case you should hire an attorney with experience in handling those matters. As you are the opposing party, and you do not have an attorney, the attorney representing the other party does have to speak directly to you, regarding the case. And they can choose to... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: I was arrested a little over a year ago . On multiple accusations charges

aggravated assault(x2) , criminal street gang , terroristic threats & altered serial number weapon charge. I haven’t been formally charged on anything / Indicted on any of those charges what can I do to get those charges dismissed so I can return back to my active duty

Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Sep 25, 2024

Your charges are felonies, so the District Attorney has some time before they are required to indict your matter before you are eligible for dismissal based on lack of prosecution. If you desire to return to military service, occasionally, an attorney can convince the DA to look at the matter... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: I was blue lighted where I failed to pull over , I went on a high speed chase being scared for my life ,but I wrecked

The passenger in my car exited and ran , he was then tased before falling allegedly two firearms was found in the open field where he was arrested one firearm with the serial number was altered he stated “ the weapon was in the when he got in there I was questioned and stated “ I knew nothing... View More

Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Oct 16, 2024

The police are allowed a lot of discretion and leeway in the type of charges they bring during an investigative phase. Although the weapons were not found in your vehicle or your possession, since they were found close to the scene of the crime, this is likely why they charged you both with the... View More

1 Answer | Asked in Family Law for Georgia on
Q: What do we do to get power of attorney for my husband? We are in LaGrange, Ga.
Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 22, 2024

An attorney can draft paperwork that can be signed by the parties. But there are certain requirements that must be met in order for that paperwork to be legally binding. Speak directly with an attorney who can assist you in a legal power of attorney.

1 Answer | Asked in Personal Injury for Georgia on
Q: I stayed at a hotel last night in Augusta Georgia, Baymont and the commode seat was zip tied on to the toilet and I was

Not aware and slipped off because it broke and i hit my neck on the side of the counter what should be my next step because I did get injured

James Clifton
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James Clifton
answered on Sep 21, 2024

First, seek medical attention for your injuries. Inform the management of the hotel so that an incident report can be made. Take notes and pictures from the scene of the accident so that you have proof of the harmful condition of the property. Last, schedule a free consultation so that you are... View More

1 Answer | Asked in Real Estate Law, Business Law, Election Law and Gov & Administrative Law for Georgia on
Q: Our HOA mgmt. co. broke several bylaw and CC&R rules to elect a puppet board. What are our options as a community?

Eight months ago, our HOA went from builder control to community control. The election, to our belief, was illegal in that the HOA mgmt. company broke bylaw & CC&R rules plus State (GA) HOA code rules in conducting the election. They also counted votes in secret without an auditor present.... View More

James L. Arrasmith
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answered on Oct 6, 2024

In your situation, the first step as a community is to gather support from as many homeowners as possible who share your concerns. Document all the actions that violate the HOA's bylaws, CC&Rs, and Georgia state HOA code. This documentation will be critical if you decide to pursue legal or... View More

1 Answer | Asked in Divorce for Georgia on
Q: I have a injection from my husband we kids suppose to come fri to fri one week we me and one week with him .. what if ki

Kids don't wana come

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 17, 2024

If there is a court order giving a parent visitation then the children do not get to decide they don't want to go. Until a new order modifies the existing order, all parties should abide by the visitation outlined and the children should be produced when it's the other persons parenting time.

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