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42 votes
Accepted

Is my employer allowed to make me work without pay?

This is illegal, under the Fair Labor Standards Act, assuming you are not an "exempt" employee, which is primarily a salaried employee (your pay isn't based on how many hours you work). ...
user6726's user avatar
  • 215k
26 votes
Accepted

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

The Fulton County Superior Court's bond order is online here. It says with consent of counsel for the State of Georgia and for the Defendant, the Court hereby GRANTS and ORDERS that bond is set in ...
Peter - Reinstate Monica's user avatar
24 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 ...
Michael Harvey's user avatar
20 votes

HOA Rule Concerning Freedom of Speech in Georgia, USA

The HOA is not the government! The first thing you need to get out of your head is that the First Amendment would apply at all: The First Amendment only protects you from the government. But The HOA ...
Trish's user avatar
  • 37.8k
17 votes

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

Without delving too deeply, there are all manner of things that go into scheduling a trial, not just the availability of the court to hear the case. For example, criminal defense counsel need to be ...
ohwilleke's user avatar
  • 206k
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 ...
emory's user avatar
  • 879
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 ...
phoog's user avatar
  • 37k
13 votes

HOA Rule Concerning Freedom of Speech in Georgia, USA

Can this rule actually be enforced by the HOA on other properties in the community that are not owned by the Association? Yes. Could I be fined for breaking this rule if I am standing in my own ...
ohwilleke's user avatar
  • 206k
12 votes

How long is a life sentence in Georgia, US?

georgia If someone is sentenced to life in prison with possibility of parole, in Georgia, for sentences imposed from January 1, 1995 and June 30, 2006, the inmate is first eligible for parole after 14 ...
ohwilleke's user avatar
  • 206k
8 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 ...
D M's user avatar
  • 7,140
8 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”...
dan04's user avatar
  • 298
8 votes

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

So because of the presumption of innocence until proven guilty, unless the suspect poses a significant flight risk or danger to the public, they are usually granted bail, which is usually cash bail in ...
hszmv's user avatar
  • 23k
7 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 ...
TylerH's user avatar
  • 224
6 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 ...
bdb484's user avatar
  • 58.3k
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 ...
Patrick87's user avatar
  • 4,254
6 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 ...
David Siegel's user avatar
6 votes
Accepted

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

No, given McGowan v. Maryland, 366 U.S. 420, Braunfeld v. Brown, 366 U.S. 599 and In Two Guys from Harrison-Allentown, Inc. v. McGinley, 366 U.S. 582. The principle is that laws with religious origins ...
user6726's user avatar
  • 215k
6 votes

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

Apart from a defendant exercising their right to a speedy trial, there's very little pressure to make trials sooner. There are a lot of pretrial motions and preparation that cause trials to be ...
Dean MacGregor's user avatar
5 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 ...
ohwilleke's user avatar
  • 206k
5 votes

May a tenant install their own smoke detector?

Here's a bit of Georgia law that is relevant. By law, your apartment shall have installed an approved battery operated smoke detector which shall be maintained in good working order unless any such ...
user6726's user avatar
  • 215k
5 votes

Powell Plea Deal Consequences

It’s a token punishment But, I’m guessing that the testimony against others is more valuable to the prosecution than seeking a harsher penalty. Also, the relative leniency of this sentence may ...
Dale M's user avatar
  • 205k
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 ...
abelenky's user avatar
  • 2,756
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 ...
D M's user avatar
  • 7,140
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 ...
ohwilleke's user avatar
  • 206k
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 ...
user100487's user avatar
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 ...
David Siegel's user avatar
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 ...
ohwilleke's user avatar
  • 206k
4 votes

How long is a life sentence in Georgia, US?

In California, a life sentence typically means that, without being granted parole, commutation, or pardon, you will be in jail until you die. This differs from a capitol or death sentence, in that ...
hszmv's user avatar
  • 23k

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