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Georgia Questions & Answers
1 Answer | Asked in Civil Rights and Landlord - Tenant for Georgia on
Q: If you have a storage unit in ga can the cut your lock if you are 15 days late & take pics for sale of unit
James L. Arrasmith
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answered on Oct 26, 2024

It sounds like you're worried because your storage facility in Augusta cut your lock after you were 15 days late on payment and took pictures of your belongings. In Georgia, storage facilities often have policies that allow them to take certain actions when payments are overdue. Cutting the... View More

1 Answer | Asked in Consumer Law and Contracts for Georgia on
Q: If you have storage building in Augusta they cut your lock. If you are 15 days late & take pictures of your stuff
James L. Arrasmith
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answered on Oct 26, 2024

It sounds like you're worried because your storage facility in Georgia cut your lock after you were 15 days late on payment and took pictures of your belongings. In Georgia, storage facilities often have policies that allow them to take certain actions when payments are overdue. Cutting the... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Georgia on
Q: If affidavit attached to arrest warrant does not provide information on, why officer believes this occurred?

Or what he bases his belief off of?

James L. Arrasmith
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answered on Oct 25, 2024

If the affidavit attached to an arrest warrant doesn’t explain why the officer believes a crime occurred, it can raise serious concerns about the validity of the warrant. An affidavit is meant to provide the factual basis for the officer’s belief, demonstrating probable cause. Without this... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: My son was sentenced in federal court in July and he’s still in the Marshals custody at a holdover because they are sayi

Saying his case is still active, they even sent him back from classification for the same reason. The attorney he had said he can’t help because after he was sentenced he’s not his attorney anymore. Who do I contact to inquire about this? The judge? Marshals Svc? Please help, I keep hitting... View More

James L. Arrasmith
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answered on Oct 29, 2024

I'm sorry you're facing this difficult situation. First, try contacting your son's current attorney to get a clear understanding of his status and any potential steps they can take. If the attorney is unable to help, you might consider seeking a new lawyer who can review the case and... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: If my arrest warrant attached Affidavit does not provide any information on How officer knows defendant committed crime

Affidavit does not provide any information on why officer believes this occurred?

That is upon what do officer base his belief?

Glenn T. Stern
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answered on Oct 25, 2024

Under Georgia law (OCGA 17-4-45), an affidavit in support of an arrest warrant is only required to identify the county where the affidavit is being filed; the name of the person making the affidavit; a statement affirming that the affiant is making the affidavit under oath; the name of the person... View More

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: what will happen once i summit and file a domesticate foreign judgement for visitation

i have a court order that my childrens father has never honored for the last 10 years and blocked all communication from me

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 15, 2024

You should speak directly with an attorney who can give you legal advice on your case.

1 Answer | Asked in Uncategorized for Georgia on
Q: Could i get in trouble if i get a tag for someone an if they dont pay take it from them

I was ask if i could get tag out an if so i would get paid but they didnt pay but still want the title could i get introuble if i tell them no its mine title an tag can prove it

James L. Arrasmith
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answered on Oct 25, 2024

You could potentially face legal trouble if you take someone’s vehicle title or tag without their consent. Ownership documents like titles and tags are legally binding, and handling them improperly can be considered theft or fraud. Even if there was an agreement, it’s important to have... View More

1 Answer | Asked in Uncategorized for Georgia on
Q: My husband was sentenced to 120-180 days in PDC on Sep.23rd and here it is a month later and he’s still sitting

Will he get gain time in PDC for the time he sat in jail waiting to be transferred

James L. Arrasmith
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answered on Oct 25, 2024

I'm sorry to hear about your husband's situation. Typically, the time someone spends in jail before being transferred to a different facility can sometimes be credited toward their sentence, but this depends on the specific regulations of the jurisdiction and the policies of the... View More

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: In GA if a man dies intestate as joint tenant w/out ros and has one biological child and 2 stepsons who inherits

Father dies in 2018 as joint tenant without ros with mother who died in 2024. Nothing has been filed with probate yet. I am the only biological child and have 2 older half brothers (from mom's previous marriages). Do I inherit half of my fathers interest in the home or is it divided between... View More

Kedra M. Gotel
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answered on Nov 16, 2024

Joint tenant WITHOUT rights of survivorship is tantamount to a tenant in common which means the owners' ownership interests may vary.

Your facts need to be clarified a little more to answer your question comprehensively. For example, was your dad married to someone other than your...
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1 Answer | Asked in Traffic Tickets for Georgia on
Q: I received a letter saying I had a failure to appear from 2004 for a speeding ticket in ga should I be conserned

They’re wanting me to schedule a court date or come pay the fine. The cop that issued the ticket doesn’t even work at the police station anymore. Is there a way to get out of this is there a statue of limitations or something?

Glenn T. Stern
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answered on Oct 24, 2024

You should definitely try to schedule a court date and try to resolve it. With a ticket that old, there's a good chance that they will just dismiss it once it makes it back in the courtroom and prosecutor has a chance to look at it. That won't ever happen, however if you don't show... View More

1 Answer | Asked in Probate for Georgia on
Q: My husband was sentenced to 120-180 days in PDC on Sep. 23rd, it’s been a whole month later and he’s still sitting

Will he get gain time in PDC for those extra days/months that he sits in jail waiting to be transferred?

Anthony M. Avery
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answered on Oct 24, 2024

You need to repost your question under Crime in GA.

1 Answer | Asked in Traffic Tickets for Georgia on
Q: Do I have to sign a ticket in the state of Georgia

My friend and I were pulled over for going to slow in the left lane. Mine you there were no cars behind her, she had went around a truck and stayed in the left lane. The officer stated that she was driving to slow 48 in a 55 zone. Other cars need to pass that was going faster. The only cars were... View More

Glenn T. Stern
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answered on Oct 23, 2024

Signing a ticket is not an admission of guilt, but rather, acknowledgement of the court date on it. It is important to note that most moving violations in Georgia are considered criminal misdemeanors, meaning that they are punishable by up to 12 months in jail and a $1,000 fine. Additionally,... View More

1 Answer | Asked in Uncategorized for Georgia on
Q: Can I retrieve funds owed to me from a now defunct refinance company/LLC in Georgia? I refinanced with them in 2008.

The name of the refinance company was Foundation Financial Group, LLC in Georgia. Another company today is using that name, an insurance and liability company.

James L. Arrasmith
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answered on Oct 25, 2024

Retrieving funds from a company that has been defunct since 2008 can be challenging. First, verify the status of Foundation Financial Group, LLC as of your refinancing period. Check with the Georgia Secretary of State to see if the company was dissolved, filed for bankruptcy, or if there were any... View More

1 Answer | Asked in Real Estate Law for Georgia on
Q: Does my ex husband have to sign to refinance
James Clifton
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James Clifton
answered on Oct 23, 2024

If you qualify for the mortgage by yourself, it is possible to refinance without your ex husband's signature even if he was on the previous mortgage. The divorce decree may also provide some guidance on how and when the refinance can take place. Your ex husband may need to sign a deed to you... View More

1 Answer | Asked in Civil Rights and Elder Law for Georgia on
Q: What are my rights and responsibilities as a ward under a conservator? (May I legally drive, vote, take out loans, etc.
James L. Arrasmith
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answered on Oct 24, 2024

I recommend visiting CanIVote.org where you'll find the latest information from your state or local election authority.

1 Answer | Asked in Criminal Law and Constitutional Law for Georgia on
Q: Yes my understanding of a probable cause hearing should take place shortly after arraignment and it's like a trial befor

A trial where the accused has the right for attorney and to bring forth the accused witnesses and so on. So what if the accused/ myself wasn't given that hearing,just arraignment over live feed. I reside in state of Georgia. I plea not guilty and with a provided attorney from the... View More

James L. Arrasmith
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answered on Oct 23, 2024

If you weren’t given a probable cause hearing after your arraignment, it’s important to address this issue promptly. The probable cause hearing is a critical step where you can challenge the evidence against you and ensure your rights are protected. Without this hearing, there may have been a... View More

2 Answers | Asked in Family Law for Georgia on
Q: Can a man abandon his kids for three years, leaving the state and come back later asking for them without any legal von?

I’m the grandmother and he walked off and left without a notice of leaving , but later we found a note inside one of kids backpack!

Regina Irene Edwards
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answered on Oct 22, 2024

Your question was can he ask to see them? Yes. People can ask for whatever they like. If a custody case was pending, his leaving for 3 years would negatively affect his chances of obtaining custody.

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1 Answer | Asked in Uncategorized for Georgia on
Q: case is 2021 for mis false report of crime. status is dormant- bench warr. issued. I was arrested on fta what dormant?

I was arrested for fta at another court hearing, what does dormant mean ?

James L. Arrasmith
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answered on Oct 21, 2024

When your case is marked as dormant, it means there hasn’t been any recent activity or progress in the legal proceedings. This status often occurs when there’s a pause in the case, possibly because necessary actions haven’t been taken by either side. Essentially, the case is on hold and not... View More

1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: How do I preplace my name for my deceased on the home's deed which is listed as tenants in common

I am the executor of her state and have gone through probate but did not change the name at the time. I live in Florida, my mom's house in in Augusta ,Ga

James Clifton
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James Clifton
answered on Oct 22, 2024

It depends on where probate was completed. If probate was completed within the State of Georgia, you will only need an executor's deed to transfer the property. If the probate was completed outside of the State of Georgia, you will need exemplified copies of the letters testamentary and will... View More

1 Answer | Asked in Traffic Tickets for Georgia on
Q: How to I file an appeal for a bench trial which is a jury trial right now?

I (uneducated about the difference) requested a jury trial when I was asked if I wanted a jury or bench trial. I’m wondering how I can file an appeal.

Glenn T. Stern
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answered on Oct 21, 2024

If you filed the demand for jury trial in a city, recorders or magistrate court, your case may have already been transferred to a state or superior court for the trial. Regardless, you can switch to a bench trial merely by filing a document known as a "Waiver of Jury Trial" with the clerk... View More

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