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Trey E. Phillips

Trey Phillips’s Answers

179 total


  • In Georgia, can a tenant request rent reduction due to a rodent infestation (uninhabitable living situation) for over 45 days?

    We moved in August and since September have notified them of the noises in the attic. Since then, nuisances (mice) have invaded our living space (quiet enjoyment). I held back the rent and they sent out an eviction possibilty until I called and to...

    Trey’s Answer

    If the premises are uninhabitable you have some options. First - you can abandon the premises and have no further liability to the landlord... but there is a BIG IF. IF the landlord later files for past due rent or some other breach - the judge has to agree with you that the premises were uninhabitable, otherwise you could be in jeopardy of being found in breach of the lease. Second - If you follow the terms of the lease, and properly notified the landlord that there is a deficiency with the property that is the landlord's responsibility (which may not include pests) - then you can repair the deficiency and deduct the amount of the repair from the following month's rent, providing a receipt to the landlord for the repairs. You MUST follow the lease, though, by properly notifying the landlord and allowing the landlord a reasonable amount of time to repair the problem that is causing the premises to be uninhabitable.

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  • Does he need an attorny?

    If a person signed a 1st time offender in GA for theft by taking, complies with all requirements of 7 years probation for 4 years (rehab, payment of fines, etc) and hits a tree and gets a DUI in the parking lot of his cousin's apartment complex in...

    Trey’s Answer

    Absolutely 100% that person should get a GOOD criminal defense attorney IMMEDIATELY - BEFORE doing ANYTHING. Don't go to rehab, don't talk to your family about the facts of the case(s) - get a GOOD criminal defense attorney NOW!

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  • I am a 52 year old male that has a citation for shoplifting (1st time) and to appear in Duluth Municipal Court...I

    I just got a simple assault no contest charge a week ago, and got probation and anger management. How long does it take for a charge to hit your record?..2nd question, when I go to court for the shoplifting charge on 10/26, is there a possibility ...

    Trey’s Answer

    I strongly advise you against going to court without an attorney - and you should NEVER EVER speak to the police or a prosecutor about your case, anything you say CAN AND WILL BE USED AGAINST YOU. Hire an attorney. If you cannot get an attorney before the hearing go to the hearing and say NOTHING other than you want extra time to hire an attorney and ask that they reschedule your court date so you can have time to find and hire an attorney. It is entirely possible to get ANYTHING done with the right representation, but if you're not careful you could easily end up with a probation violation for the first case. Hire an attorney ASAP!

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  • How do you prove innocense within a corrupt law system?

    My friend is a single father thats works at a bar on nights and weekends to support his daughter. He is being accused of serving a minor and facing 12 months in jail. The county in which he works has been trying to shut down this bar since they op...

    Trey’s Answer

    He should not speak to anyone about his case - including you, his friends or family. If he cannot afford an attorney, and he's not pleased with his appointed lawyer, his family and friends should take up a collection to hire a private attorney. It is very dangerous to ever discuss his case with the DA or law enforcement and I strongly advise against it.

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  • If one completes 1st offender probation, but still owes restitution is one ajudicated of guilt or be found guilty ?

    given 1st offender probation ,have 1 month left. i still owe restitution will i be adjudicated of said offense once 1 complete my last month, or will i have a conviction on my record ?

    Trey’s Answer

    Run, don't walk, to find a local attorney ASAP. I suggest you look for an attorney who is a member of GACDL. The consequences of being adjudicated will be lifelong, and likely severe. Please go speak to a local attorney IMMEDIATELY, there may be options to protect your first offender status, whether or not you can come up with the rest of the money. GO SEE AN ATTORNEY.

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  • What do I do??????

    My husband was arrested in July 2009. He was charged with aggravated child molestation and rape. The DA has not takien it to the grand jury. My husband is out on bond and is wearing a ankle bracelet. My attorney says not to do anything. How long a...

    Trey’s Answer

    Often waiting is a great answer. Hopefully the attorney is conducting an investigation, requesting documents and evidence from the prosecutors, the police, requesting POST records, evaluating the evidence that's been received and coming up with an appropriate strategy. Also - sometimes time is in the favor of the defendant... OFTEN, time is in the favor of the defendant. Being out on bond on those types of charges is actually a sign that the attorney has done something, it's not easy to get bond when charged with such serious offenses. And, lastly, the attorney represents your husband, so your husband should be the one asking the questions as there may be information the attorney has that the attorney cannot share with you that would explain his strategy, including if his strategy is waiting.

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  • If there is a 10% late fee charge in the lease,is that charge 10% of the whole rent being late or 10% of the portion left over?

    Is the tenant only responsible to pay late fee on the portion that is late if I accept a partial payment?

    Trey’s Answer

    I agree with Mr. Morton, it's imperative to follow the language in the lease very carefully, but generally I believe it would be okay to demand 10% of the entire amount, not just 10% of the remaining amount. Beware, however, that this might discourage the tenant from making partial payments, which might be better for you in the long run. There's nothing stopping you from "waiving" part of the late fees in order to work with your tenants.

    If problems with your tenant persist, nothing beats sitting down with a lawyer to discuss, and no discussion could be worthwhile without that lawyer carefully reviewing the exact language of your entire lease.

    Please feel free to check out my website at www.GeorgiaEvictionAttorney.com or my blog at www.GeorgiaEvictionBlog.com for further information.

    Trey Phillips

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  • Do I need a lawyer to fight a citation I recieved after an accident?

    Recently, I was hit by a driver attempting to make a left turn. I was issued the citation because the witnesses stated that I accelerated to beat the yellow light which was not the case. I did accerlerate but not to beat the light. I saw the dri...

    Trey’s Answer

    If you were cited for a traffic violation you likely face 12 months in jail and a $1,000 fine. I highly recommend that no one ever go to court without an attorney when facing criminal charges. Attorneys are trained in the rules of evidence, the art and science of cross examining witnesses against you, and in the technicalities of laws. All of these things are used to give you the best chance of being found NOT guilty. Should you go to court wihout a lawyer you will be at a VERY severe disadvantage.

    I highly recommend you choose a lawyer who is a member of the Georgia Associate of Criminal Defense Lawyers, you can find one at www.GACDL.org.

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  • Can i go to jail if iwas in someone else's car?

    The police searched the car and found marijuana residue in the car. The person who owns the car didnt take the blame so they took both of us 2 jail. now im facing misdemeanor possession of marijuana.

    Trey’s Answer

    You could be convicted of possession of marijuana, but that likelyhood decreases greatly if you hire the right attorney. There is great caselaw that benefits passengers in a car where drugs are found, but you'll need a good attorney to avail yourself of that. Whatever you do, do not talk to friends or family members, and especially don't talk to the police about the case.

    GET A GOOD CRIMINAL DEFENSE ATTORNEY ASAP. I highly recomment you find someone at www.GACDL.org, which is the Georgia Association of Criminal Defense Lawyers.

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  • What kind of notice do I need to give tenant who moved out & left personel effects

    House i rent has been vacated tenant have not paid rent for month,and left before i could evict. Do I need to send a written notice before I do away with clothes, furniture & appliances they left

    Trey’s Answer

    I suggest that you do not even enter the property until a surrender of keys has been done, or the court has issued an eviction order. Even though you may BELIEVE (rightfully or not) that the tenant has "vacated" ... the tenant may plan to return at a later date. Disposing of their property could be unlawful and costly if the tenant does later return and accuse you of unlawfully evicting them.

    Many times the tenant may have "actually" "vacated" - and if that were the case removing their property (though technically wrong) wouldn't get you in much trouble. BUT - if the tenant DOES come back you could be in SERIOUS trouble, perhaps even criminal.

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