Trey E. Phillips’s Answers

Trey E. Phillips

Lawrenceville Criminal Defense Attorney.

Contributor Level 12
  1. Public defenders give substandard defense. They just want you to plead out whether you are guilty or not so they can move on.

    Answered about 5 years ago.

    1. Trey E. Phillips
    2. John M. Kaman
    3. Howard Woodley Bailey
    3 lawyer answers

    There is a crisis in GA where the legislature has continued to cut funding for public defenders to the degree that they are severely underfunded and severely overworked. My experience has been that most public defenders are "true believers" and execellent lawyers. You should never plead guilty until you are convinced it is in your best interest to do so. If you feel like your lawyer hasn't spent enough time investigating the facts of the case or explaining to you the relevant law, you should...

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  2. Got Writ of Possession now what?

    Answered over 5 years ago.

    1. Trey E. Phillips
    2. Glenn M. Lyon
    2 lawyer answers

    Mr. Lyon is absolutely correct. The proper process requires that the sheriff or marshall 'execute' the writ, otherwise you could be accused of performing an illegal eviction and be liable to the tenant for damages. The tenant is still liable to you for any rent and damages accruing during the time it takes to evict them, but you would have to file another suit after they have been removed to get additional damages on top of what the dispossessory judge might have awarded. Check out my...

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  3. WHO IS AT FAULT, I cannot get $$$ ,because I got ticket

    Answered over 5 years ago.

    1. Trey E. Phillips
    2. Alan James Brinkmeier
    2 lawyer answers

    You should absolutely contact an experienced injury lawyer immediately. I would suggest that you not discuss the case with any insurance company or investigators without first consulting with a lawyer. Often insurance companies will avoid paying a claim unless they are forced to. Often they feel like they can get away with not paying if you're not represented by a lawyer, especially in circumstances like yours where you received a ticket. Continue to focus on your medical care and physical...

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  4. Is there a statute of limitation for misdemeanor probation violation in the state of Georgia (particularly Atlanta)?

    Answered over 5 years ago.

    1. Trey E. Phillips
    2. Carl Santos Cansino
    2 lawyer answers

    There is no statute of limitations for a probation violation IF the government (Probation officer and Judge) do the paperwork properly to "toll" (stop) your probation. Thankfully, they often do the paperwork wrong, so if your probation has ended, and they didn't do the paperwork properly, then you might be home free. Contact a local attorney who can verify the details of your case, check the court file for the proper paperwork, and give you more specific advice based upon your specific...

    4 people marked this answer as helpful

  5. What is the criteria for common law marriage in Georgia?

    Answered almost 6 years ago.

    1. Trey E. Phillips
    1 lawyer answer

    No. Common law marriage has been eliminated in Georgia. No common law marrage may be entered into after January 1, 1997, but common law marriages existing before then are still valid. OCGA 19-3-1.1

    4 people marked this answer as helpful

  6. Is there a statute of limitations for credit card company to collect a 10 year old debt

    Answered almost 6 years ago.

    1. Trey E. Phillips
    2. Lu Ann Trevino
    3 lawyer answers

    The statute of limitations is generally t6 years on a credit card in Georgia. Making a payment, unfortunately resets the statute, so the statute is now 6 years from the last payment (generally). I completely agree that you shouldn't give up hope. A good lawyer will likely be able to defeat this claim based upon the age and the fact that all documentation associated with this account is likely "gone". I would suggest you contact a local attorney who can assist you. In the mean time don't...

    4 people marked this answer as helpful

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

    Answered almost 3 years ago.

    1. Ikemesit Amajak Eyo
    2. George W. Brown III
    3. Trey E. Phillips
    3 lawyer answers

    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...

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

    Answered about 3 years ago.

    1. Trey E. Phillips
    2. A James Rockefeller
    2 lawyer answers

    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...

    1 lawyer agreed with this answer

  9. My wife filed criminal charges against me for breaking something in our home and had me arrested on Christmas eve.

    Answered over 5 years ago.

    1. Trey E. Phillips
    2. John M. Kaman
    3. Ronald S. Pichlik
    3 lawyer answers

    Hire a lawyer ASAP. Your wife should not discuss the case with anyone in the courthouse until she speaks with an attorney as well. Unfortunately, if the wife "pesters" the prosecutor to dismiss the case, it often has the opposite effect. It may be best for your wife to say nothing to the prosecutors, then simply not show up for any future court dates (unless she's PROPERLY under subpeona) at which time the case will likely be dismissed if she's not there.

    2 people marked this answer as helpful

  10. Does an unwed mother mother have sole legal custody?

    Answered over 5 years ago.

    1. Trey E. Phillips
    1 lawyer answer

    Until the court enters an Order, either temporary or permanent, you have sole legal custody if you're the mother of a child born out of wedlock in GA.

    2 people marked this answer as helpful