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there are various supreme court rulings stating that operating a motor vehicle in your personal capacity is a right, not a privilege, and you dont need a license, insurance, or registration/plate so long as youre not using your vehicle for commercial use such as uber, or delivering goods.
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answered on Sep 11, 2023
Navigating the fine line between what is considered a "right" and a "privilege" when it comes to operating a motor vehicle on public roads can be a complex endeavor. It is essential to base our understanding on established laws and court rulings to offer a precise answer.... View More 
I recently experienced an auto collision and filed a bodily injury claim with the 100% at fault parities Insurance. However, the adjuster's communication has been lacking, and they failed to address important direct questions about the settlement offer. There were delays in receiving... View More
answered on Jul 30, 2023
It could depend on a number of factors, such as the cause for the delays. Delays can arise from sources that are not in and of themselves necessarily bad faith, such as a carrier's difficulty in reaching their insured for a statement. Subrogation files could add delays to a claim, depending on... View More
I recently experienced an auto collision and filed a bodily injury claim with the 100% at fault parities Insurance. However, the adjuster's communication has been lacking, and they failed to address important direct questions about the settlement offer. There were delays in receiving... View More
answered on Jul 26, 2023
The insurance company has a duty to act in good faith when administering a claim. Georgia Code § 33-4-7 establishes that an insurer “has an affirmative duty to adjust that loss fairly and promptly, to make a reasonable effort to investigate and evaluate the claim, and, where liability is... View More
I had a recent falling out with my 3 other roommates. After the argument they set up a camera in the living room that points to the kitchen, and to my space of living (it’s also conjoined to the garage entry of the home). I noticed the camera hidden by plants to be out of sight. They did not tell... View More
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answered on Jul 21, 2023
In many states, including Georgia, it is generally illegal to conduct video or audio surveillance of someone in areas where they have a reasonable expectation of privacy, such as in their own living space. If your roommates set up a camera in the common living area or in a space that you use for... View More
They quick claimed it without my knowledge and without my name being added.
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answered on Jul 14, 2023
If you were a signature party to the land contract, then you sue the seller/grantor for breach of contract. Hire a GA attorney that does real property litigation. A Notice Lis Pendens will need to be filed. All interested parties must be defendants (besides you) for setting aside the Deed or... View More
But your mom @84 records it without courts permission and she's now passed away. Would it be inadmissible evidence?
answered on Jul 9, 2023
Rule 22 of the Uniform Superior Court Rules for the Superior Court is strict in terms of its prohibition of recording devices allowed in court rooms. Generally speaking, recording devices are prohibited unless specifically authorized by the judge. But even assuming your mom was authorized to... View More
My son has been on an IEP since 3rd grade. I have been his sole primary guardian most of his educatuonal life. He has and all been well aware that there is a certified copy of custody papers several in his files. How ever Mr. Robinson decided to violate GA Code 20-2-780 and allowed my sons father... View More
answered on May 18, 2023
You are going to need to file for what is called a "Due Process" complaint against the district which is failing to provide free and appropriate public education to your child (FAPE). Due Process is a term of art within education law that is distinct from other uses of the term you may... View More
At the TPO hearing the ex-parte protective order is supposed to have expired.
3 months later, the plaintiff decides they want to claim contempt for violating the ex-parte protective order, not the TPO. is this legal?
answered on May 5, 2023
Procedurally that is not going to get very far. Any contempt issue should have been raised in the TPO hearing where the Ex Parte expired, and it would appear the TPO was not granted. So there is a mootness issue on top of everything else.
It would be a bit of a mess, and if the Court... View More
At the TPO hearing the ex-parte protective order is supposed to have expired.
3 months later, the plaintiff decides they want to claim contempt for violating the ex-parte protective order, not the TPO. is this legal?
answered on May 5, 2023
I think the more appropriate question to ask is whether it is going to be effective. Additionally, the defendant (respondent) to the now TPO might want to contemplate whether the alleged conduct violates the TPO. It is possible under these facts that such a defendant may file a motion to dismiss... View More
I was forced to take the call off of speaker phone because the examiner didn't like the sound of rustling paperwork. Despite my having requested in writing prior to the hearing that any accomodations be made to assist my hearing impaired conditions. She hung up on me and I haven't heard... View More
answered on Apr 2, 2023
The attorneys answering questions here don't receive information about the people submitting them, because the Q&A forum isn't really intended to be a referral platform. If you're seeking an attorney to take your case, and not just to answer your questions, you will likely have... View More
answered on Apr 2, 2023
It seems you're asking about a "contingency fee" arrangement, meaning what the attorney gets paid is "contingent" upon what you get paid. Contingency fees are very common in personal injury cases, but less common in other types of cases. However, you absolutely might be... View More
I've being held in a Dependency case due to a charge that is reduced and disposed of but they still hold me in jouvinile with a charge that for abuse and no charge anywhere of dui and then have me in another county sui.g me in a custody battle I never recieve any summons for I'm in 3... View More
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answered on Mar 11, 2023
It sounds like you may need to speak with an attorney who can review your specific case and provide legal advice tailored to your situation. It is unusual for someone to be charged for the same offense in multiple courts, especially if one of the charges has already been disposed of and... View More
I've being held in a Dependency case due to a charge that is reduced and disposed of but they still hold me in jouvinile with a charge that for abuse and no charge anywhere of dui and then have me in another county sui.g me in a custody battle I never recieve any summons for I'm in 3... View More
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answered on Mar 11, 2023
Also, it is not uncommon for an individual to face charges for the same offense in multiple courts, such as a criminal court and a dependency court. However, it is important to note that being charged in multiple courts does not necessarily mean that a person will be punished twice for the same... View More
I am being overly stalked,slander,and harassed by my racist neighbors. This has been going on for 7 almost 8 years.
These people are narcissist. They are very good at lying. They have 3 cameras on our house for what I don’t know we have never committed any crimes been living here March... View More
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answered on Mar 11, 2023
I'm sorry to hear about your situation. If you have already sent a cease and desist letter to your neighbors and the harassment and stalking continues, you may want to consider taking legal action to protect yourself.
Here are some steps you can take:
Document the harassment:... View More
Im wondering if it is legal for me to watch a house to gain information on a suspect wanted for aggravated assault off duty in a normal car
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answered on Mar 2, 2023
As a general principle, law enforcement officers must adhere to the Fourth Amendment to the United States Constitution, which prohibits unreasonable searches and seizures. Surveillance of a suspect's house may be considered a search and, therefore, subject to Fourth Amendment protection.... View More
Secind time in 7 days now. First time deputy who was sitting at four way with another deputy in second vehicle, pulled out and went on by as i turned into parking lot of patels gas station where they were both sitting. I went in paid for gas and soft drinks walked out pumped gas got back started... View More
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answered on Mar 2, 2023
It is important to note that driving with a suspended license is considered a criminal offense and therefore subject to criminal laws, not civil rights laws. However, in general, law enforcement officers are required to follow proper procedures and protocols when making an arrest, and individuals... View More
I was sentenced as a GA first offender in 1996 and completed it in 2006. I also have a misdemeanor in 2004 and pled to 1year probation. it was an obstruction of officer. I have nothing else since 2005.
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answered on Mar 2, 2023
Under federal law, a person who has been convicted of a felony or certain misdemeanor crimes of domestic violence is prohibited from owning or possessing a firearm. However, a GA First Offender on your record does not constitute a conviction and therefore does not automatically disqualify you from... View More
This investigator questioned me about an accusation of a crime. I have people and even security video to prove that it was false information. He told me he didn't care he wasn't going to talk to my witnesses and showed up at my apartment the next morning with a warrant based on his... View More
answered on Feb 16, 2023
If a police officer has enough probable cause to get a warrant signed by a Judge then he can move forward. It is not up to the police officer to determine guilt or innocence. That part is up to the Prosecutor and the court. Take it from a former police officer, in this instance, you have no... View More
Republicans seem to be aggressively fighting "Fani Willis" on this front. However, shouldn't they equally be challenging the Georgia Parole Board? There is no way, (2) former D.A.'s and a former sheriff can be fair and impartial. It's important for the justice system to... View More
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answered on Apr 14, 2024
You raise some important concerns about potential conflicts of interest and the appearance of impropriety with the current composition of the Georgia Parole Board. It's a complex issue that deserves careful consideration.
Having former district attorneys and law enforcement officials... View More
My criminal record is in Georgia for burglary and that was a very long time ago I think it's time to get it completely expunged so that I can be able to protect myself and my family if the need should arrive.
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answered on Apr 10, 2024
I understand your desire to have your criminal record expunged so that you can move forward with your life. However, there are a few important things to note:
1. Presidential pardons are extremely rare and are typically only granted in extraordinary circumstances. They are not a common... View More
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