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Questions tagged [georgia]

Questions concerning the laws, criminal justice system, civil court procedures and related topics specific to the state of Georgia. For the country use the "georgia-country" tag.

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37 votes
3 answers
9k views

Fred closes a stranger's truck door; the truck later burns down. What is Fred's liability?

This question comes directly from an episode of the call-in automotive advice show Car Talk. The original call occurred in or around 1994, but recently re-aired in episode 2349, "We Specialize in ...
smitelli's user avatar
  • 449
1 vote
0 answers
73 views

Can a person challenge a criminal charge if it never went to court? [duplicate]

Is it possible for a person challenge or expunge a 25 year old felony charge that comes up on a background check if no court records exist because the case was never brought to court? What is the ...
bdb484's user avatar
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1 vote
2 answers
204 views

Can a person challenge a felony charge if it never went to court?

Is it possible for a person challenge or expunge a 25 year old felony charge that comes up on a background check if no court records exist because the case was never brought to court? What is the ...
Mike's user avatar
  • 11
-1 votes
1 answer
148 views

DUI blood tests - keeping them out

Imagine the following hypothetical situation. Officers Jones has arrested Joe Average for driving under the influence of an illegal drugs. The case looks very promising for the prosecution and the ...
Paul59's user avatar
  • 77
0 votes
1 answer
61 views

An arraignment in Georgia

A hypothetical person is scheduled for an arraignment on a misdemeanor charge. His attorney files a motion with the court to postpone the arraignment. Assuming the court agrees with the motion, ...
Paul59's user avatar
  • 77
0 votes
2 answers
100 views

Filing a motion - does it have to be signed?

If a lawyer wants to file a motion on behalf of his client in criminal case, does the motion have to be signed by client? by the lawyer? both? If so, can it be done electroncially?
Paul59's user avatar
  • 77
0 votes
0 answers
96 views

In the Georgia, what is the level of evidence needed to disqualify a prosecutor for impropriety?

Specifically as it relates to the Trump election case in Georgia, what is the bar needed to cause disqualification? Is the appearance of impropriety enough, or does actual impropriety need to be shown?...
theresawalrus's user avatar
3 votes
0 answers
129 views

What is the term for the procedure used to delay an arraignment?

If a lawyer wants to delay an arraignment after a date has been set, what do they do?
Paul59's user avatar
  • 77
2 votes
0 answers
99 views

Arrested in Georgia for a DUI with an out of state drivers license

It is my understanding that if you are arrested for a DUI in Georgia and you have a Georgia driver's license you have to attend a ALS hearing or having your driver's license suspended. Am I right ...
Paul59's user avatar
  • 77
0 votes
1 answer
120 views

Being Arrested for driving under the influence - how accurate is the blood test?

Please consider the following hypothetical situation: Joe is driving in the state of Georgia. He weaving in his land and stopped by a police officer. He is then arrested and his blood is taken. The ...
Paul59's user avatar
  • 77
0 votes
0 answers
44 views

Drinking and Driving in Georgia

If a person is convicted of drunk driving (due to an illegal drug in his/her system) in state of Georgia, what is the typical punishment if it is a first time offense? Is jail likely?
Paul59's user avatar
  • 77
4 votes
2 answers
4k views

How long is a life sentence in Georgia, US?

If somebody is sentenced to life plus 5 years with the possibility of parole, how long do they actually have to serve? Or what does that actually mean?
user53447's user avatar
3 votes
1 answer
113 views

Is it legal for an apartment or county or state to ignore fire safety rules?

(Jurisdiction: GA, USA) My apartment's elevator inspection certificate has expired 3 months ago. This puts serious risk on lives on residents especially in the high-rise. I've sent multiple reminders ...
whoisit's user avatar
  • 303
6 votes
2 answers
4k views

Now that 4 have pled guilty, is there a legal reason the trial of the others can't be scheduled asap?

In the Georgia election interference RICO trial, the fourth of the nineteen defendants has now pled guilty. Two of them were due to stand trial and this was holding up the trial of the others. Now ...
Simd's user avatar
  • 712
3 votes
1 answer
126 views

Powell Plea Deal Consequences

Given Sidney Powell's plea deal: https://apnews.com/article/sidney-powell-plea-deal-georgia-election-indictment-ec7dc601ad78d756643aa2544028e9f5 The article indicates consequences: As part of the ...
gatorback's user avatar
  • 7,159
1 vote
2 answers
103 views

Can a renting apartment force you into particular services?

Jurisdiction: Georgia (state), United States A particular apartment that is a renting community are forcing residents to madatorily pay for certain services by particular providers (i.e. if residents ...
whoisit's user avatar
  • 303
5 votes
3 answers
3k views

HOA Rule Concerning Freedom of Speech in Georgia, USA

Our Georgia HOA recently changed this rule to the following: "A Resident or guest shall not discipline, correct, or abuse any of the Management Staff, other residents, guests, directors, officers,...
JustTryingToGetTheFacts's user avatar
0 votes
1 answer
225 views

In a criminal RICO trial, on a particular count, what elements can be shared among the co-defendants?

The Georgia 2020 Election subversion case (a RICO of the Georgia State variety) is quite complex in that there are 19 defendants who are charged with one or more counts from the list of 41 distinct ...
GratefulDisciple's user avatar
31 votes
3 answers
5k views

What is the intent of Donald Trump's $200k bond?

As a non-American I was trying to understand the idea behind bail in the US and it seems to be a monetary deterrent large enough to make you go to court (assuming that you care about the money), but ...
WoJ's user avatar
  • 2,458
0 votes
2 answers
185 views

Testament valid / children disinherited GEORGIA

following scenario: A man lives and dies in Georgia. He served in the army and was located for a specific time in Germany. While he was there he was in a relationship with a woman. She became pregnant....
gorli's user avatar
  • 9
1 vote
1 answer
212 views

Is there anything in the US Constitution to prevent Georgia, USA to stop me from buying liquor before 12:30 based on religious grounds?

I, an agnostic person, was perturbed just now being told I couldn’t buy wine, the only thing I came in to buy, at 11:30AM on a Sunday in Augusta Georgia, because the law prevents them (Walmart) from ...
J.Todd's user avatar
  • 1,426
28 votes
2 answers
12k views

Is my employer allowed to make me work without pay?

As the title says: A coworker and I had recently made a mistake at work. In response to this, our manager decides we have to work for two extra hours on our next shifts unpaid. Is this legal? I work ...
Cdoy's user avatar
  • 283
3 votes
1 answer
292 views

Is dyed money legal tender?

It is in the news that a bank distributed bank notes with dye on them, assumed to be Intelligent banknote neutralisation system (IBNS). It is reported that in one instance this was for mortgage ...
User65535's user avatar
  • 7,176
1 vote
4 answers
180 views

Can a corrupt sherriff cause all cases from a department to be dismissed?

A video detailing the incident Victor Hill, the former sheriff of Clayton County, Georgia, was charged with seven counts of willfully depriving detainees at the Clayton County Jail of their ...
Digital fire's user avatar
  • 5,489
4 votes
2 answers
236 views

May a tenant install their own smoke detector?

I live in a studio apartment that has an ionization-based smoke detector right next to the kitchen. Unfortunately, almost anything I cook triggers a false alarm.(Even turning on the oven with nothing ...
user70585's user avatar
  • 143
1 vote
1 answer
106 views

Election Campaign Restrictions In Georgia

I came across a GA gubernatorial campaign sign on the government property (public library). Is this legal? This place is funded by the taxpayers and they are very split on the election candidates.
Wildhammer's user avatar
-1 votes
1 answer
110 views

Do ages in Georgia now count from conception?

In Georgia, a person must be at least 15 years old to obtain a learners permit for driving. Historically, this would unambiguously be understood to mean that today, August 16, 2022, a person must have ...
Someone's user avatar
  • 17k
1 vote
4 answers
710 views

Right to inspect HOA Contracts in Georgia, USA

I would like to inspect a contract that the HOA has signed and is in effect. The HOA is in Fulton County GA, USA. I have asked for a copy and they have declined my request. Here is the law that I ...
Be Kind To New Users's user avatar
2 votes
1 answer
155 views

Can a city police officer leave the city to pursue someone who commits a traffic offense within city limits?

If I commit a traffic offense in the city and a city cop observes this, and I then leave the city, can the city officer continue the pursuit, or must they terminate the pursuit at the city limits?
moonman239's user avatar
  • 3,058
2 votes
1 answer
264 views

Can a chapter 7 Bankruptcy trustee enforce a beneficial interest of a debtor to a trust the debtor is entitled to?

A trust has recently been created for my benefit and I am the sole beneficiary. I am in Atlanta, GA if this helps for reasons of practice or procedure. The trust is irrevocable and has provisions that ...
Zach's user avatar
  • 21
2 votes
1 answer
129 views

Own a duplex in Georgia, tenant on one side believes tenant on other dealing drugs due to traffic

I own a duplex in Georgia. The tenant in one side has notified me she believes that the tenant in the other side is dealing drugs based on the amount of foot and car traffic coming to the location. ...
Alan F's user avatar
  • 21
2 votes
1 answer
336 views

Neighbors tree starting to lean towards my house

The neighbor across the street has enormous pine trees, and one of them has started to lean towards my house. I'm spending a few nights at a family member's house at the moment. I'd obviously like to ...
Sittin Hawk's user avatar
20 votes
3 answers
4k views

How are five murder charges used for each defendant in the Arbery case?

I saw on the news that all three defendants were found guilty of murder of Ahmaud Arbery. I watched the verdict video and noticed the charges, and became confused when I heard that they each had been ...
veezy_101's user avatar
  • 329
0 votes
1 answer
331 views

Trespassing conditions on residential property

Just today, a man came partially up my driveway and into my yard with two dogs (on leashes). I asked him to please not allow the dogs to urinate in my yard, and he said he isn't in my yard. I have a ...
nerdguy's user avatar
5 votes
3 answers
2k views

Ahmaud Arbery defendants invoke Georgia State Law as a Defense in Federal Court

It is my understanding that three defendants face a Federal hate crime involving the shooting death of Ahmaud Arbery. In April 2021, all three men were indicted on federal charges of one count each ...
gatorback's user avatar
  • 7,159
2 votes
0 answers
92 views

Who, if anyone, has standing to sue over improperly-run elections?

In Wood v. Raffensperger, Wood alleged that the Georgia 2020 general election was invalid due to the defendants conducting their election-related roles in an unconstitutional manner. Like most ...
Mark's user avatar
  • 6,389
3 votes
2 answers
684 views

What happens if an AirBnB contract violates the overall Terms of Service?

I've identified an unusual listing on AirBnB: https://www.airbnb.com/rooms/50901269?source_impression_id=p3_1627314727_DprmH0dh%2BrK58ACR Under the section "House rules" is the following ...
user54908's user avatar
  • 139
3 votes
1 answer
238 views

How to get a parent to pay child support?

A mother (now on probation for a financial felony) has not paid child support for years. The state child support agency checked and said she has no employment income, but she drives a new car. What ...
user3270's user avatar
  • 724
1 vote
1 answer
162 views

Conservator Investment Possibilities For Minor (Georgia USA)

In a minor's conservatory account, it is common for courts to allow conservators to purchase low yield investments such as municipal bonds, treasury bills, money market accounts, CD's and other low ...
zerpsed's user avatar
  • 113
0 votes
1 answer
282 views

Legal remedies for being banned from a school system

I was banned from a school system for providing behavior interventions to students without the administration's approval. The Board's attorney banned me using a trespassing statute. I never ...
Dr. M. M. M.'s user avatar
0 votes
2 answers
221 views

Can you be sued for publishing this negative review of a contractor?

Suppose that a homeowner, Bob, had a contractor do some work in his attic. There was a fire safe in the attic with a couple thousand dollars in old coins. After the contractor left, Bob went into ...
Goshen Mosby's user avatar
0 votes
1 answer
46 views

Where is the full list of Fillings for In re: Enforcement of Election Laws in the Georgia State Court?

Background One of the many suits that the Republican party and Donald Trump filed after November 3rd in Georgia was In re: enforcement of election laws and securing ballots cast or received after 7:...
isakbob's user avatar
  • 1,589
0 votes
0 answers
33 views

When do Georgia State Election Board rules become effective?

A recent article in the Georgia Star (a Trump-leaning venue) claims that some emergency rules regarding Georgia's election had expired by Nov 3, because they were voted on in a July 1 meeting and that ...
got trolled too much this week's user avatar
1 vote
1 answer
95 views

For how long (maximum) are Georgia's state election board emergency rules valid?

It's been the news in the Trump-leaning media that Georgia's RULE 183-1-14-0.6-.14 Secure Absentee Ballot Drop Boxes had expired prior to the Nov election, allegedly because no such emergency rule can ...
got trolled too much this week's user avatar
1 vote
1 answer
95 views

Can a college in Georgia be legally required to let you have equal opportunity to take an exam when their required 3rd party software causes issues?

Circumstances: I am a Sophomore at a University System of Georgia college, and am required to take Spanish for my degree. The professor requires students to purchase a license to 3rd party software in ...
Goel Nimi's user avatar
-1 votes
1 answer
182 views

What are the differences in child custody litigation between TN and GA?

I've put the question of child custody in TN into three separate categories: 1. Divorcing parents. 2. Unmarried parents. 3. Third parties requesting custody to protect a child. Divorcing parents. ...
Mmsmith1620's user avatar
1 vote
1 answer
80 views

Am I subject to an "ad valorem" tax penalty for an unused, out-of-state vehicle?

I changed my permanent residency from South Carolina to Georgia on 04/21/2020, as that was when I had a Georgia license issued. I've lived in Georgia in a leased apartment since then. My car, however, ...
Dupontrocks11's user avatar
4 votes
1 answer
1k views

Identification requirement

https://abcnews.go.com/US/white-georgia-sheriffs-deputy-beating-black-man-viral/story?id=72981224 A Lyft/Uber is pulled over for a broken headlight. Why is the passenger compelled to produce ...
gatorback's user avatar
  • 7,159
1 vote
1 answer
43 views

Are there any protections or policies people do differently in case of a large scale police walkout?

Recently Atlanta has begun a police walkout, in which the police in certain zones are no longer able to respond to the majority of calls. In case something like this happens where I live, are there ...
Hatman's user avatar
  • 111
0 votes
1 answer
148 views

Divorce and separation circumstances in Georgia

My marriage is experiencing tough times and the divorce issue has already been arisen for a couple of times. It's not the first time when my wife wants to file a divorce, however the first time we ...
VaughnVince's user avatar