Get free answers to your legal questions from lawyers in your area.
In reference to this question let's say police follow a suspect to a dental clinic and swab the suspects dental property such as dentures or the carrying case itself, while the suspect is receiving dental treatment by their dentist and is unaware of this seizure and has given no consent and... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 17, 2024
If the police seize saliva DNA from dental property without your consent, it may raise serious Fourth Amendment concerns. The Fourth Amendment protects against unreasonable searches and seizures, meaning that a warrant or probable cause is generally required for law enforcement to conduct a search... View More
A student driver was left unsupervised and slammed into my parked vehicle. I sustained 11 spine injuries and severe symptoms.
They fled the scene before the police arrived.
The insurance company accepted liability however they thought my injuries were minor because the previous... View More
answered on Jun 17, 2024
A Georgia attorney could advise best, but you posted last week. You mention needing legal assistance. One option is for you to reach out to law firms to try to set up a free initial consult. In terms of your question of how much you could potentially recover, more information is needed about your... View More
The bankruptcy was filed 6 months ago. The plan was confirmed 6 weeks ago.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 19, 2024
In a Chapter 13 bankruptcy case with a confirmed 100% repayment plan, creditors typically start receiving payments after the plan is confirmed and the debtor begins making payments to the trustee. The timeline for when you can expect to receive payments depends on a few factors:
1. The... View More
The bankruptcy was filed 6 months ago. The plan was confirmed 6 weeks ago.
answered on Jun 17, 2024
The timing of distributions by the Ch. 13 Trustee rests with that trustee.
Maddening as it can be, I have heard more than one Judge say, "my Trustee". And once was in a case where the Trustee had over $200K of my client's money, held those funds in an IOLTA account (the... View More
The payment was in two more payments. However, after no progress on my case for a month I communicated that I need to know what work has been done on my case. The law firm then notified me that they had hired a fraudulent lawyer to work on my case that they now fired. However, when I asked for my... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 17, 2024
You can terminate representation for any reason. It doesn't have to be fancy. You can just send an email saying "I no longer wish to work with you as my attorney. Please stop work on my case and I am hiring someone else. Thank you."
GA law: Is a traffic ticket automatically dismissed if the citing officer does not appear in court?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 16, 2024
Even if it is not-the prosecutor can cure such a problem very quickly by simply filing their own accusation in court, which of course would be signed and valid.
As far as the officer appearing-officers are not usually subpoenaed to be in court for your initial appearance. On that day,... View More
If I wanted to consider the documents I will be signing and put off signing for a week, will those in charge of my probation refuse to allow that? They won't permit me to see the documents I will sign ahead of time so I'm going in there blind. Will they just throw me in jail? If so, will... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 16, 2024
You didn't say what the nature of the documents are, but it sounds like you are already on probation; you must remember that probation is an alternative to incarceration that the court has granted you-you aren't entitled to it, and it can be revoked and they can just send you to jail.... View More
Does a pro se inmate plaintiff in a Sec. 1983 Civil Rights complaint against the chairman of the state Parole Board need to get the Court's permission to conduct discovery of the defendant Parole Board chairman? If Yes, is permission requested by Motion? If No, when can discovery begin? (and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 15, 2024
As a pro se inmate plaintiff filing a Sec. 1983 Civil Rights complaint against the chairman of the state Parole Board, you do not automatically need the court's permission to conduct discovery. Generally, discovery can begin after the parties have conferred as required by Rule 26(f) of the... View More
Georgia 2020..I was accused of 2 felonies-aggrevated battery and assault, had an arrest warrant on me. I turned myself in, bailed out. Prosecution had no evidence against me. 2023 went to trial. Jury deliberated for 30 mins, came back with a Not Guilty verdict. The Prosecution evidence had 2... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 15, 2024
You may have grounds to sue for malicious prosecution, but these cases are difficult to win and require specific elements to be proven. To succeed, you must demonstrate that the prosecution acted with malice, without probable cause, and that the case ended in your favor, which it did with a... View More
I have the person's license plate as well as car dashcam footage and security cam footage. It may have been a road rage case, but I do not know why. I am following all the rules, did not honk or had any hand gestures. He was making hand movements but I do not have it on Cam. I was panicking,... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 15, 2024
I'm sorry to hear about your frightening experience. It's important to take steps to ensure your safety. First, keep all the footage and the license plate number in a safe place, as this could be valuable evidence if the person returns or if the situation escalates.
Consider... View More
He isn’t licensed or insured, she knew this before hiring him to do the work. We offered to fix the issues ourselves, she refused. Wants us to pay for someone else to do the work in her yard. She’s now trying to get the courts involved.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 15, 2024
If your 15-year-old accidentally caused damage while doing yard work, the extent of your responsibility can depend on several factors. Given that the homeowner knew the teenager was unlicensed and uninsured before hiring him, this may influence the liability and potential legal outcomes. You have... View More
This is the first time I’ve gotten a jury summons.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 15, 2024
Missing jury duty by accident can be stressful, but it's important to address the situation promptly. In Gwinnett County, Georgia, the first step you should take is to contact the jury services office as soon as possible. Explain that you missed your jury duty by accident and ask about... View More
Reasoning for changing first and middle names is gender identity.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 15, 2024
Changing your first, middle, and last names involves a few steps, but it's manageable with the right approach. Since you're changing your first and middle names due to gender identity, you'll need to file a name change petition with your local court. Each state has specific forms and... View More
Can police issue a search warrant on you (home, vehicle, person, anything) for a positive drug test?
As another question, can they search if you admit to using drugs in the past or are proven to be high?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 15, 2024
For the police to issue a search warrant for your home, vehicle, or person, they generally need probable cause. A positive drug test alone may not be sufficient to obtain a search warrant. Probable cause requires more substantial evidence that suggests illegal activity is occurring or that evidence... View More
I was a deputy sheriff for DeKalb county. I was allowed to medically retire because of my PTSD. As of March, my disability pension stopped because the county says their doctors feel I can come back to work. I have been declared totally unemployable by the Department of Veteran Affairs. I'm... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 15, 2024
If the VA has declared you totally unemployable due to PTSD, but the county has stopped your disability retirement benefits, you have a few steps you can take. First, gather all relevant documentation, including your VA unemployability determination and any medical records supporting your... View More
The at fault drivers insurance company , State Farm says they can't pay me one lump sum to settle my injury claim. They want to pay me an amount for pain and suffering and they want to pay my medical bills directly instead of paying me and letting me pay my medical bills out of the settlement... View More
answered on Jun 16, 2024
It sounds like State Farm would like to exercise control over the payment to medical providers. Their practice of doing things this way COULD be over concerns that some claimants might negotiate with medical providers to reduce their bills - and if a doctor feels shortchanged, they'd pursue... View More
The at fault drivers insurance company , State Farm says they can't pay me one lump sum to settle my injury claim. They want to pay me an amount for pain and suffering and they want to pay my medical bills directly instead of paying me and letting me pay my medical bills out of the settlement... View More
answered on Jun 15, 2024
If there is no lien, I have never heard of an insurance company insisting on paying the medical bills and the pain and suffering separately. In fact, one would think the insurance company would not want deal with the hassle of paying individual medical care providers. Simply issuing one check to... View More
I have an injury claim with state farm, the at fault drivers insurance company and they are telling me that before they will settle my claim and pay me, that I have to give them my full social security number. Is this true and is this required by law if I'm not comfortable providing this... View More
answered on Jun 15, 2024
Yes, providing your social security number is typical. The reason that insurance companies ask for your social security number is they want to confirm whether Medicare/CMS paid any of your medical bills. If the answer is yes, Medicare/CMS has a lien which, if left unpaid, can result in the... View More
answered on Jun 14, 2024
A trial will not move forward until proof of service has been filed. If you don't have any kind of legal service on the defendant, you will not obtain a divorce. He has to be served and there are multiple ways to serve.
The complications resulted in test not being completed for identifying tumor activity in her pancreas and resulted in a stent being inserted into an artery the surgeon damaged. She was on the OR table for 7 hours. I was not informed of her status during the entire duration. A one night stay turned... View More
answered on Jun 12, 2024
A Georgia attorney could advise best, but your question remains open for a week. Until you're able to consult with a local attorney, the short answer in a med mal action is that you could generally file suit, after satisfying the state's requirements for a certificate or affidavit (if... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
