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Found 133 results

  1. When someone is charged with violation of ga code 16-13-32.5 does the property in question have to be included in the countys ordinances as being protected location and does a county map have to be in place beforehand showing the property and the 1000 ft extending out from it? My sister was charged with this and I would like to know if there are ga guidelines or procedures in relation to this code.
  2. I have been charged with misdemeanor around couple of months back. I have 9 years and 3 years old daughters and I left them in car with open windows in open parking lot (60 degree temp) of Walmart to quickly buy a gift for the party we were going to attend. My elder daughter had my phone in her hand. I came back in around 15-20 minutes and found a cop next to my car. He asked me few questions and issued a warrant for misdemeanor for child negligence. He said he was less worried about injuries, but more worried about someone kidnapping my kids. I went to jail, I was arrested and my husband bailed me out for $150. My court appearance is on April 12th and my lawyer says that he hasnt got any papers from police station regarding my case yet, so he hasn't been able to talk with prosecutor to plead in my case. He says that he is going to try for expungement of this record against my name, but it may take few months. I am working as a nurse practitioner in a reputed medical company in Atlanta since last two years. That company is being acquired by another local medical company. Now I have to go through background check process for it in next two weeks and I really nervous about it. I am planning to write down what happened, what I learned from it. I would like to know what can happen and what should I do. I am completely clueless. Twenty minutes of an episode(which I never would have thought could endanger my kids) is now becoming a monster havocing peace of my mind and alter my life completely.
  3. HI, turned in a back injury in oct of 16, continued working being on light duty, Got fired jan 31 and they are saying they are not responsible for any benefits . Any suggestions ?
  4. My ex-husband and I were divorced in 2010. In the divorce, I was granted sole-legal custody of our 2 boys (due to him being abusive and an alcoholic) and he was required to pay child support according to the state of Georgia child support laws. He has been paying every month with no problems, and has at times, sent the boys extra money when they have needed something that I couldn't afford to get them. I have been told by my ex many times over the past 7 years about his many promotions and pay increases. I was foolish and didn't pursue an increase in child support at that time and figured that since things were calm, I didn't want to rock the boat and have him potentially hide from my kids and "go underground" and not pay anything like he had threatened to do so many times. Last January. He informed me that he was taking an early retirement from his job in June. I didn't think twice about that, I really didn't care. He and his new girlfriend went to Belize to celebrate his retirement and never a word was said about him not being able to afford the child support since his retirement. Last October, my oldest turned 18 but was still in high school as a senior. The state of Georgia had the state of Illinois (where I reside) verify that my son was still in school and what date he would graduate. My son will be graduating at the end of May and has decided to pursue a career in welding which requires him to go to community college as a full time student for probably a year. My younger son will be graduating next May and turns 18 in July. My ex thought that he would only have to pay until May for child #1 and when he found out that he would be responsible until he graduates from college, he decided to go for a modification to reduce the payments. So, in February of this year, he informs me that he can't afford the child support payments since he has taken an early retirement. He has gone so far as to hire an attorney to go in front of judge to get them reduced. Not telling the attorney that his oldest will be enrolled full time in college, and also not telling the whole story of his finances, he is petitioning to go in front of a judge. He submitted a direct deposit receipt to his attorney showing what is deposited into his account every month from his retirement. What he failed to do was to include the information from his savings and checking accounts which hold much more money than he claims to have. According to the direct deposit receipt, he makes LESS than the amount that he is to pay each month for child support. Keep in mind, he has supposedly been living on this amount since last June when he VOLUNTARILY took early retirement. His attorney has sent me an "agreement" to which my ex is telling me that according to his new income, he is only required to pay a fraction of the original amount decided by the court ($880.00 less a month) and that he will be "generous" and offer me a reduction of only $680.00 less per month than what I am getting now if I agree without having to go to court. Georgia law states that he is responsible until the child is 18 or is enrolled FULL TIME in school until the age of 20. When I told him about this in a text, he replied with "Just remember my offer"!?!?!? I guess what I am asking is, I can't afford an attorney, and I am going to have to go in front of a judge about this soon. And since he voluntarily took early retirement knowing what his monthly financial responsibility is, can he get this reduction done? I want to subpoena his financial records for the last year to show the court that he CAN afford this. Especially since he bought my oldest son a new truck right after he told me about this so that my son wouldn't be mad at him. He is very manipulative with the kids, and they have even told me that he has said to them that he doesn't want to pay me anymore. Ugh. If you can offer any advise or information, I would greatly appreciate it. Especially since I can't work due to health reasons and can't afford an attorney, and daddy warbucks and his rich girlfriend can.
  5. My state taxes were audited for 2012. I was unaware of this until my 2016 federal tax return was reduced upon deposit. Upon looking into it, and creating a account on my state DOR website, I have found out that the audit was done in 2013 and does not show the taxes that were withheld causing me to owe the full tax amount and also pay back the refund originally issued. It shows letters were mailed to the wrong address, one in 2014 and one in 2015. I have read that my appeal rights ended after 30 days. Is there anything I can do to get this corrected and get my money back?
  6. Hi, I have been raising my two son s since 1999, They are now 18 and 21. I have had to fight all their lives to get court order support she owes. I didn't want to do anything to her because I cared about how my son s would feel about me. Now that are old enough and I don't want to do it but she still will not pay. Do I still have a case or is it too late do anything
  7. We have shared custody of minor 7 year old. I keep primary residency and health insurance. Ex responsible for 1/2 of uncovered medical cost. Recent diagnosis has me driving 150 r/t to see doctors and get treatment. Our plan states 1/2 of uncovered cost. Would this uncovered cost include 1/2 the expense of mileage, lodging and food expenses?
  8. I have been going back and forth with my ex husband for over a year now over custody of our 4 year old daughter.. last January(2016) I began dating my, now, husband, who coincidentally dated my ex husbands new wife prior to their relationship.. so of course there was bad blood from the get-go.. My ex never expressed having an issue with my boyfriend being around our daughter, as I had never had an issue with his girlfriend (before they were married) being around her either.. he was always very polite and they would speak to each when he would pick her up for his visitation. Well in mid March (2016) one of my mothers neighbors messaged her on Facebook and asked her to call her ASAP that she had just received a very strange phone call regarding my mother.. so my mother called her and discovered that some lady had called asking strange questions about my mom, like what she did in her spare time? How she was with children? If she did drugs or drank excessively? Etc.. and the lady claimed to be from a volunteer organization that my mom had put in an application with to do volunteer work.. which wasn't true at all.. my mom had never applied anywhere for volunteer work, being a paramedic she didn't have any spare time to volunteer.. then an hour or so later a police officer and my ex husband showed up at my front door stating that he would be taking emergency custody of my daughter until further notice.. Of course I began to panic.. how could he gain emergency custody of our daughter?! What had I done wrong for this to happen?! I literally go to school and take care of my children and that it all!! So I read through the paperwork and he had filed nothing but lies to gain this order ! He claimed that I had had multiple(4) partners in the last year, that I held parties regularly at my house and would always need babysitters for 'said parties' he claimed that I lived in a hotel for over a month ! Etc. none of which were true !!! So the battle began... I hired an attorney and we went to court 2 weeks later and the judge temporarily reinstated our previous custody agreement which was complete joint custody with visitation rotating every other week. So all was well.. then we received our second court date for the final hearing. I went and noticed 2 other girls sitting with him and his wife that I had never seen before, I assumed they were just friends who happened to have the same court date as us. WRONG. They were actually 2 females from my current husbands past.. one who claimed he was the father of her child.. the other a young ( much younger than my husband) girl who he had exchanged messages with on Facebook but wasn't interested in and she was still unhappy about that.. both of which had nothing to do with me, nor had I ever conversated with these girls.. so I spoke with my attorney before we went before the judge and I temporarily agreed to supervised visitation every other weekend at my mothers, and that my husband couldn't be around my daughter.. BIG MISTAKE.. but temporary sounded good and non permanent so I thought that was best for the time being.. so we weren't scheduled to go back to court for 2-3 months for our FINAL hearing. Long story short, an old high school friend contacted me on Facebook and we began hanging out. One day he asked me for a ride to his friends house to pick up some of his things he had left there. I told him sure and went to pick him up. When he got in my car I noticed that he had a small pipe in his hand but didn't think anything of it.. and he also had a cell phone with him, which he had never had any of the other times I had seen him, he would always use my phone to make phone calls, texts, listen to music etc. I thought it was suspicious but didn't think he would do anything bad to me, he had no reason to, I had always had his back in high school and had always been a great friend to him and his family loved me.. well on the way his friends house I noticed a cop behind us but he drove around when we were turning onto his friends road, then after we left once I turned onto the street I had previously noticed the cop on, the same cop got behind us but this time pulled us over.. and as the cop was walking up to my window my 'friend' takes 2 bags of marijuana out of his pocket and tosses them in my lap and tells me to 'hide them' meaning he wanted me to shove them up my shorts.. WTF !!! I panicked bc my son was in the back seat (not the child from the custody battle) and I did what he said.. of course when the officer approached my window he smelled the marijuana and asked me to step out.. he searched my car and found my medication but some had spilled in my purse somehow so I got charged with 'pills not in original container' and 'possession of narcotics' (they were hydrocodone 7.5 from me having my gallbladder removed the week before) he searched me but didn't find the marijuana in my shorts and I didn't know what to do with it now.. then he searched the passenger side of my car and the pipe that my 'friend' had was wedged between the console and passenger seat !!!! So my friend looks at me and says that if one of us doesn't claim it then we will both be charged and he will go to prison.. -now, at the time this was all happening I was being very niaeve and thought that he cop had honestly just pulled me over on a routine traffic stop and that my 'friend' had nothing to do with this- so hearing that I told the officer the pipe was mine feeling guilty that my friend may possibly go to prison all bc I did something wrong driving. The officer was nice and said that he would toss the pipe and only charge me with the medication.. until he went to put me in the back of his cop car and could smell the strong smell of marijuana.. so he told me to be honest with him and that it would really help me if I just told him where the marijuana was.. so I told him and he asked me to pull it out of the leg of my shorts.. so by the end of everything I was charged with possession of marijuana, possession with intent to distribute, possession of narcotics, and cruelty to children in the third degree bc of my son being in the vehicle with me.. my 'friend' also was arrested but wasn't charged with anything, he just had an outstanding warrant.. go figure.. so before this happened I had a squeaky clean record. Never more than a traffic ticket! And my friend had multiple drug and other charges and was on parole.. somehow he got out of jail before I did.. my mom asked his mother what he was arrested for and she told her that it was for a failure to appear warrant but that they scheduled him a new court date.. I asked him what happened and he claimed that he got out because the statutes of limitations had ran up on the warrant.. needless to say I believe 100% that my ex husband set this all up to gain custody of our daughter.. before this.. he had nothing on me, I was an amazing mother, I had my own apartment, I was going to school full time, I never missed my weeks or asked him to keep her. I had my own car and a clean criminal history. But when we went back to court the judge did another temporary order of the same crap that I had agreed to before.. supervised visitation every other weekend at the fathers descression and no contact with my boyfriend.. and that we would come back in 3 months for the absolute FINAL hearing.. so I got with my attorney and my husband and I got married (hoping to settle the issue of him not being allowed around her) and then I asked my attorney to set up a mediation and see if my ex would accept.. HE DID ! So we went to mediation and agreed that I would get her from school on Friday and take her to school the next Tuesday. (there is no school on mondays where we live) I was so happy because I thought everything was finally over. I could finally have my family all together as one❤ WRONG AGAIN. That lasted for a month. My husband and I moved to our new home a few counties over and on the night we moved in we got into a verbal argument one of our neighbors called the police and my husband was arrested for simple battery FVA, simple assault FVA. Wtf ?! The officer thought my husband had hit me in the face because I had a rash/blister (impetigo).. so of course I bailed him out of jail and all was good.. or so I thought.. I texted my son father and said that I would be picking my son up as usual.. and he responded with 'have you not been served papers?' And of course I said no? And he explained that he had emergency custody of my son due to my husbands previous arrest and that I wouldn't be able to see him until after court.. so I texted my daughters father to see if he had found out about the arrest also.. and he said that I would only be able to exercize my visitation if supervised by my mother at her house due to the recent domestic violence charges on my husband.. first of all, why can I not see my children normally just not around my husband until his charges are dropped ?! I don't understand why it is so easy to just take children. I can understand them being concerned but instead of going through all of this they could ask me what actually happened.. well after finally being served papers a week later, I discovered that my sons father was using the same attorney who represented my ex husband.. he also is the father of one of my husband ex best friends and thinks that my husband is the reason his son turned out to be so 'bad' (his son just got out of prison) and he is also the superior court judge.. so it is very easy for him to have these ex parte orders signed off on.. gotta love small town politics.. anyway.. I am at a loss of what to do.. I know my ex husband contacted my sons father and encouraged the ex parte order.. if my sons father didn't go through these links when I, myself, was arrested, why now and over basically nothing.. my attorney is amazing and very well known in the area and surrounding areas.. but he specializes in criminal cases.. not so much custody.. if if anyone has any advice on what I should do to prepare for this up coming court date please respond, I obviously didn't do things correctly the first time, and don't want to screw this up.. I want my son back.. Oh and FYI there was no custody agreement set up prior to this for my son. We just agreed between each other that he would get him every other weekend standard. We were not married and my son has never been legitimized...
  9. After being appointed ADM. of my father estate what do I have to do to get my father live in care giver out of his house.
  10. I have been with my company for about four years now. I spent about a year and a half in two other departments before switching to my current department, one department as a temp full time employee and the other as a hired full time employee. In both my past positions I was given a meal break in which I could take away from my work area and had no issues with my former supervisors regarding these breaks. My current supervisor requires that I take my lunch while supervising clients, in a non acute care setting/outpatient rehab, and doesn't schedule me for any other meal breaks that would otherwise be away from my work or work setting. It is important to note that these breaks are being deducted from my pay. Do I have any legal action? This has been going on for a while now and I wasn't aware that I was suppose to be given a break without work. I know that sounds strange but my supervisor often misconstrues information or gives false information regarding issues when she doesn't feel like addressing them. I was told specifically by said supervisor that I had to be present with our clients during there lunch break. So she's basically trying to fit my break in with the clients break. This wouldn't be an issue but often I am required to assist or take care or behavioral issues from clients during my break. Once again this is not an impatient facility or acute care.
  11. 1. I entered into a handshake oral agreement to split the rent and utilities down the middle on a two bedroom house in July,2016. I was not on the lease. In October, I was told by my roommate/landlady that she wanted me to move into the living room so she could rent my bedroom to someone else. I moved to the living room. IS THIS A BREACH? 2. From July to October, I paid my half of the rent and utilities on the 3rd. Wednesday of the month. My roommate/landlady only paid the rent after receiving an eviction notice in Sept, Oct. and Nov. IS THIS A BREACH? 3. I moved some of my personal property out of the house on November 12th. I called the police when my roommate/landlady wanted me to either take all of my possessions or pay her a storage fee. She was told that I still lived there and that I would get the rest of my things the following Wednesday.When I returned, I found that my telephone repairman's tools as well as other things were missing. I filed a police report. IS THIS A BREACH? I hope to sue her in small claims court. Thank you all for your response!
  12. During the final bench trial of my divorce in October, 2015, where I appeared Pro Se, I agreed to everything my ex-wife wanted basically because I did not want a divorce. At that point in time, we co-owned and managed a business which was very successful. After the divorce became final and the Judge entered the Judgment and Decree, my wife and I continued to co-exist as a couple. We traveled together, went to events together, lived in the same house, etc. Either of us carried out the agreements stated and/or stipulated in the Final Decree. Things began to deteriorate between us again, and in mid-2016 we decided to finally call it quits (although we had been divorced for nearly 1 year). She went on to other relationships as did I. Now, she wants to carry out the terms and conditions of the Final Decree. Unfortunately, everything has changed - our business is no longer functioning and I'm no longer working, let alone receiving the amount stated in the Final Decree. We did sell our house and I gave her half. Pursuant to that Decree, many things should have occured, which did not, one of them being that I remove her from the join user accounts. As a result of that, she recently withdrew all of the monies deposited into that account. Bottom line is that (1) a Final Decree was entered; (2) neither one of us complied with the terms of said Decree; and (3) at this point in time, I cannot comply with the terms due to major changes in my financial situation. I admit now that I shouldn't have agreed to those terms under the state of mind I was in at the time of the divorce, but what can I do now? Can that Decree be modifed or amended, after having already passed a year and a half? I am at my wits end. I desperately need to know what are my legal rights, if any are. By the way, I can't afford an attorney right now. Anything I would do, would have to be Pro Se. Thanks!
  13. I am an elementary school teacher in a Georgia public school. On Sunday night, I was notified that a student alleged that he was “roughed up” by me. My employer temporarily re assigned to an administrative office and said that an internal investigation would be conducted. My employer said that the student’s parent filed a police report, that student was in school and had no doctor’s note or limitations of activity. It has been 3 days and I have received no further information. The police have not contacted me. My employer said that they have not received the police report or any further information. Therefore, they have not been able to perform an investigation. I remain in the administrative office on temporary duty. These allegations are false. What are my rights to have access to the police report? What should my next steps be in this process?
  14. I am wondering if I can sue the person that I have an joint bankruptcy with. I have been paying our bankruptcy for about 2 years and I've been asking them for their part. Or can I get a warrant to get them to hand over the property that I'm paying for. I need advice on how to get them to pay their part?
  15. Hello, everyone. I went through a messy divorce years ago and I am currently entering a serious relationship with a single lady that may possibly lead to marriage. I am located in Atlanta and I really appreciate any positive feedback regarding prenuptial agreement. 1. I live a single family house that I currently pay monthly mortgage. If I get married with the lady, she will likely to move in. I plan continue to pay mortgage on my own without her financial contribution. As far as I understand, Georgia law state that I will keep the sole ownership of the house even without a prenuptial agreement should divorce happens in the future. Is my understanding right? I want to keep my home under all circumstance. 2. I have my own IRA retirement account that I contribute monthly and I plan to continue to do so after potential marriage. In addition, the organization that I work for has a retirement system for all its employees. Such retirement accounts are subject to county court decision without a prenuptial agreement. Am I right? My goal is to keep my own retirement accounts untouched if the marriage goes sour. Thank you and I really appreciate your feedback without judgement.
  16. I am currently a pro se plaintiff in a case during the discovery phase. The defense has gotten my medical records, but some records that are critical to identifying who the defendants are is missing. These records are in the possession of the BOP, and they have not responded to emails asking for expedited processing. Currently there is under 2 months of discovery time remaining. Can I motion the court to order the BOP for expedited processing? If so, how do I do this? Is there something else I need to do to ensure I get these critical records before the discovery/case ends?
  17. hello, I have a daughter and she is 10 year old, I am undocumented. I came here first time in 1992 and lived until 1996 and went back to Brasil in 1996, Me and my wife arrived in USA in 2003 and my daughter`s birth in may 2006 in Atlanta Ga, I want to know if there is any chance to become legal resident and apply for citizenship in future? I heard on tv about the law enacted in august 2016. How does it work in my case?
  18. A 14 year old charged with one count of aggravated Child molestation is 2005. He never understood why was he charged with two counts of aggravated child molestation. Until 19 years old. reading through some information that the public defender did not supposed to send to him. Read this statement. In if you have any suggestions on what he should do about this case. Let me know thank you: in order to split the senates between juvenile court in Superior Court I am going to have to file a new charging instruction alleging two crimes. To avoid any further delay what I want to do is file a felony Accusation charging him with two counts of child molestation. We will transfer one to Juvenile Court and keep the other as long as you (public defender) all don't object to waiving indictment. I will get this Accusation filed today.
  19. I have suffered from diabetic ketoacidosis while in prison. What questions do I need to have answered to appease the court about diabetic ketoaridosis? I'm reasonably certain I need to have testimony about how long it takes to get diabetic ketoacidosis. I'm fairly certain I need to have testimony explaining the diabetic ketoacidosis is life threatening, and causes suffering. Chances are I should also ask the expert what causes diabetic ketoacidosis. Is there anything else I need?
  20. Hello, If someone who has knowledge about grade appeals could take some time to read the attached documents below and let me know what I can do about my situation legally. If my grade appeal is denied? My grade appeal was denied my the dean and now my case has moved to the Ad HOC Committee for review. Appeal Letter to the Dean.docx Statement to Ad Hoc Commitee.docx GradeAppeal_Sweeting.pdf
  21. Hello, I had purchased an e-book for a college course and I was charged $135.00 for the e-book. However, I do not have access to the e-book anymore because you only have access for the duration of the class apparently,which I found absurd. Additionally, we only had accessed for about 2 months, probably not even a full 2 months since the course was an 8-week class. I have never come across something like this when purchasing e-books. Is there anything that can be done about this situation? Is the legal?
  22. The address on our mortgage paperwork has been wrong ever since we've had it (about 10 years). We didn't even realize it for quite a while ourselves. Frankly, I don't even think about it that often, in the busyness of life, but when I do think about it, it really bothers me. I don't know how it got mixed up, but our property address number is supposed to be 89. It's 89 on our mailing address and it's 89 on our property tax bill. However, on our mortgage paperwork and to our mortgage company, it's 98. When we refinanced with a different company a couple years ago, we brought this up when we signed the paperwork with the attorney who came to our home, and we were told it would be fixed, but it never was, even though he crossed out "98" and wrote "89" on the paperwork we signed. In fact, we had to send the mortgage broker an e-mail saying we were aware that the property address and the mailing address were different, which was fine with us, and we thought nothing else of it. Since then, the refinance has been sold to a different mortgage company, as often happens. There seems to be no problem with the tax bill being paid to our county. They always apply the tax payment from our escrow to the correct property, so the plat number, etc., seems to be fine. However, I am concerned that something might come up about it down the road somewhere, perhaps in connection with insurance (such as if we have a problem that needs to be fixed), or having to do with whether we actually own the property once we pay it off. Whenever I have called the mortgage company about it and they have asked me if the property address and our mailing address were the same, I must admit that I have said yes because they have given me grief about it in the past and when I've called them, I just want to resolve the problem I'm calling them about. I want to fix this, but I am afraid it will create more problems than it will fix, or that it will take a lot of money to fix. Please advise me as to if this is a problem, and if so, how much of a problem it could be and how best to fix it. I really stress about this sometimes. I have read some answers to this and similar questions online and they seem to suggest that as long as the lot number, etc. is correct, there's no real problem. Thanks. Deana S.
  23. Hi All- I need some advice because my apartment is now trying to get money from me due to a mistake they made a few months ago and I'm hoping they aren't able to do that. I recently terminated my lease with my apartment in Georgia. Upon telling them 60 days in advance I was to break my lease, they provided me with paperwork that we both signed that stated everything I had to pay to move out, a "rent to fufill notice" (it was outlined like below). September Rent- $700 October Rent- $200 Termination Fee- $1500 I wrote 2 checks, one for september and october rent for $900 and one for the termination fee for $1500. They signed the above paperwork and also signed & dated a photo copy of my checks to confirm they recieved my payment. Now they are coming back to me saying I owe them $300 dollars because my usual rent is $1000, so the mistake they made (and are now realizing 2 months later) is undercharging me for September rent. However, do I have rights not to pay because they provided me with paperwork of what I owed them to fufill my rent, and they signed it and accepted it, regardless of if they made a mistake. Any advice would be awesome! Thank you
  24. I live in Georgia, if I roll my old 401k to an IRA, is the IRA still protected from creditors in non-bankruptcy events/proceedings? For example if someone tries to sue me in civil court sometime down the road. My understanding is that a Rollover IRA is still protected by Federal law from creditors in bankruptcy events, but state law determines the protection in "non-bankruptcy" events. I would like to how much, if any, protection is provided by Georgia state law from creditors in "non-bankruptcy" events? Thank you kindly for any help!
  25. I am curious about a situation. A friend of mine has confided in me that someone she knows used a date rape drug and violated her. She refused to go to the police because she feels they don't care about the victim. Through facebook I located the person and found he is associated with several people I know. I feel I should warn them of this person, and to simply be weary via text message. Would this count as Libel if it gets back to said person?