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25 votes

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

Georgia doesn't have degrees of murder, but instead has malice murder and felony murder. Neither requires prosecutors to prove an intent to kill. The three men demonstrated “malice aforethought” when ...
15 votes

Identification requirement

Identification rules vary from state to state, but there is no state which would require a person in Mr. Walker's position to identify themselves to law enforcement. The passenger is compelled to ...
  • 867
15 votes

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

Be careful: from the Wikipedia article, it appears that there is a state criminal trial and there will be a federal criminal trial. In addition, there is a federal civil suit which incorporates some ...
  • 26.5k
9 votes
Accepted

Do ages in Georgia now count from conception?

Georgia Code § 40-5-24 says: Any resident of this state who is at least 15 years of age may apply to the department for an instruction permit to operate a noncommercial Class C vehicle. What is “age”...
  • 316
8 votes
Accepted

Is it legal to let sister-in-law drive my vehicle in another state and have her on my insurance?

The insurer can absolutely deny paying any claims if they discover that you misrepresented something in obtaining your policy, or you failed to notify them of relevant changes in accordance with the ...
  • 20.2k
7 votes
Accepted

Is it possible for me to break a lease that is co-signed if my health suffers from staying at the apartment?

Short answer: Yes, you can get out. However, this will be harder than you may want it to be. You will need to check your lease agreement for an arbitration clause. If the lease mentions disagreements ...
  • 295
7 votes
Accepted

Is it legal to eat or drink items before paying for them in Georgia, USA?

As far as I can tell, that would be a criminal act. Georgia law § 16-8-2 - Theft by taking says: A person commits the offense of theft by taking when he unlawfully takes or, being in lawful ...
  • 6,259
6 votes
Accepted

Can HOA force you to pay dues for a community service you do not use?

The community charges $300 annually for access to the community pool, to which I only actually used the first three years living here. It likely does not matter whether you used the pool or not. I ...
  • 4,095
6 votes

Can someone sue their partner for having an abortion?

The question didn't mention marital status, but since states formally recognize that relationship it's helpful to start there. tl;dr: The Supreme Court decided state laws that required a woman to ...
  • 5,923
6 votes

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

The answer to your direct question is that you are mixing things up: a state law like a Citizen's Arrest statute would only be a valid defense in a state trial. A federal trial would require a federal ...
  • 213
5 votes
Accepted

Do public schools have the authority to fine parents money for being late?

I found a number of news stories and official documents about public schools with such policies including: "Parents face more fines and rules if their children miss too much school" from ...
4 votes
Accepted

Divorce case with split custody: Age of child when he/she can be moved out of of state without consent of other parent

Note that I am not a lawyer. All law code here is from the official Georgia Law at LexisNexis. In the case of Georgia, the law regarding a child’s election changed in 2008. Prior to 2008, a 14 year ...
4 votes

Ch 13 Bankruptcy: What happens if you owe too much to repay in 5 years

According to the US Courts website, not all debts need to be paid in full in Chapter 13 proceedings: The plan need not pay unsecured claims in full as long it provides that the debtor will pay ...
  • 6,259
4 votes

Does a school syllabus trump state law?

I wouldn't say that it "trumps state law". Indeed, the State of Georgia, either expressly by statute or through the common law, establishes that teachers and school administrators have the authority ...
  • 145k
4 votes

Can a landlord/property change my unit after approval?

If you want to get out, and are willing to lose $270, you can not sign the lease and demand a return of your security deposit. You could ask for a return of the other fees as well, but you are less ...
  • 145k
4 votes

Accident with a truck stopped on the road side to do road work with no sign

Almost everywhere, in any circumstances, it is the driver's responsibility to operate their vehicle so as not to get in an accident. When two drivers collide, responsibility can be divided among them ...
  • 1,178
4 votes

Can a landlord charge me for one day of unpaid utilities after my lease has expired?

Is this charge legal in Georgia? No. It seems unlawful. First, it appears that the landlord was negligent and failed to mitigate damages. Since in general utilities are billed monthly, it is ...
4 votes
Accepted

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?

Probably Not In general, the law gives a school significant discretion on how to run its courses and grade its exams. And it is unlikely that getting into a lawsuit over a grade will be a good way to ...
4 votes
Accepted

How to get a parent to pay child support?

What are the possible steps to enforce child support payments? (This is in the state of Georgia, USA.) I prefer approaches that do not involve paying an attorney, since that fast becomes expensive and ...
  • 145k
3 votes
Accepted

Therapist violates confidentiality. Any laws applicable?

We're missing a lot of information that we'd need to offer a full answer. Here are some of the things that will probably drive the analysis: the type of counselor we're talking about; the types of ...
  • 46.5k
3 votes
Accepted

Am I liable if trespassers on my private property injure themselves?

This is a general common law answer; Georgia may have statutes or the common law there may change this. In order to establish negligence as a Cause of Action under the law of torts, a plaintiff must ...
  • 162k
3 votes

Can a landlord forbid subletting if not stated in the lease?

Break the lease. Leave early and advise the agent, "I am leaving early in breach of the lease, I have found person X (references and police check attached) who is ready, willing and able to sign a ...
  • 162k
3 votes
Accepted

How long does it take to evict a tenant in Georgia for not paying rent?

Short Answer Typically, about four weeks in an uncontested case and six weeks in a contested case, although this depends to some extent upon how business the relevant courts are at the time. Long ...
  • 145k
3 votes

Can someone sue their partner for having an abortion?

For there to be a cause of action, the father must have suffered damage. It would be impossible to convince a court that he had. Further, government (including the judiciary) post Roe v. Wade does ...
  • 162k
3 votes

Can HOA force you to pay dues for a community service you do not use?

The requirement to pay HOA fees and abide by their rules is usually part of the codes, covenants and restrictions that accompany the deed to your house or apartment. You probably agreed to them when ...
3 votes

Brother and Sister both own house. Sister moved out, should brother buy her half?

Not a lawyer, not your lawyer, but sometimes I watch Judge Judy. I don't see why the brother should be forced to buy out the sister's half of the property. He is an owner of the property and is ...
  • 4,095
3 votes

Brother and Sister both own house. Sister moved out, should brother buy her half?

The brother is under no obligation to buy, the sister is under no obligation to sell. As co-owners they each enjoy the right to use the property; that the sister chooses not to does not change the ...
  • 162k
3 votes

Accident with a truck stopped on the road side to do road work with no sign

You say the vehicle you hit was stopped "for doing some roadwork"; I assume, therefore, it was a highway maintenance vehicle. Georgia's Move Over Law states, in part: (b) The operator of a motor ...
  • 5,475
3 votes

Ticket Wording - tag

We cannot advise you to pay the fine or contest it, but we can say that the law is. A notation like "no tag" is not the same as a formal charge that would be filed against you if you were prosecuted, ...
  • 170k

Only top scored, non community-wiki answers of a minimum length are eligible