Caryn S. Fennell’s Answers

Caryn S. Fennell

Canton Family Law Attorney.

Contributor Level 14
  1. Is the Service of Process void if the process server tells the wrong person about the contents of the summons and complaint ?

    Answered about 1 month ago.

    1. Caryn S. Fennell
    2. John Taylor Hopkins IV
    3. John Arnold Steakley
    3 lawyer answers

    First of all, what type of lawsuit is it? Some lawsuits are permitted service by tack and post or by leaving it in the manner you described, but more than likely, the service was not proper. There is no such thing as trespass in this situation or violation of privacy as the contents of a complaint is a matter of public record. therefore anyone can obtain a copy and read the contents. The service issues make service of process most likely void but it is not absolute.

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  2. I was arrested for Criminal Trespassing by the landlord of a friend, but had permission to be there from the renter..

    Answered about 1 month ago.

    1. Noah Howard Pines
    2. Caryn S. Fennell
    3. James Lawrence Yeargan Jr.
    4. Ashkan Yekrangi
    5. Roger John Lucas
    5 lawyer answers

    You cannot have the intent to trespass if you are given permission to be on the property and similar to a renter being able to consent to a search of their premises, they can give consent to another being on the property so long as they hold a valid lease. The Landlord Tenant laws of Georgia provide that the tenant is entitled to "quiet enjoyment" of the property, which means that the landlord cannot interfere with the tenant's day to day enjoyment of the property. This does not mean that the...

    5 lawyers agreed with this answer

  3. Could I be in danger of losing custody of my son? Last summer, I had my son's father arrested for Family Violence.

    Answered 7 months ago.

    1. Caryn S. Fennell
    2. Alexis Leone Hamilton
    3. Samuel Eugene Thomas
    4. Michael John O'Hagan
    5. Malone Allen
    5 lawyer answers

    You should always immediately call thr police if you are being harmed by anyone. Failing to do so is a bigger problem for you as you cannot show why he is not suitable to be around your child. You need to seek help and support from a domestic violence advocacy center.

    5 lawyers agreed with this answer

  4. My 17 year old son was caught shoplifting some video games from a store in Paramus. The value of the item is about $50.00.

    Answered about 2 years ago.

    1. Yolanda Navarrete
    2. Benjamin J Lieberman
    3. John George Ducey
    4. James F Paguiligan
    5. Benjamin G Kelsen
    6. ···
    8 lawyer answers

    Get an attorney ASAP and do not talk about his case, even out here. Try to get it reduced to a diversion dismissal or something similar in your local jurisdiction.

    6 lawyers agreed with this answer

  5. Is it legal to test for semen on ladies underwear to use in court ?

    Answered 8 months ago.

    1. Daniel Ellis Rice
    2. Caryn S. Fennell
    3. Christopher Edmund Ward
    4. Kevin H. Pate
    4 lawyer answers

    I agree with Daniel Rice on this one. It may be very difficult for you to explain the manner you came about the sample that you seek to test. Spouses are entitled to privacy protections, even if from another spouse. Although the privacy expectations may be less than someone else in this situation, it still may be difficult to overcome the "how did you get this sample" question that will come up. Courts are uncomfortable with conduct that is considered surreptitious, such as making recording...

    4 lawyers agreed with this answer

  6. What happens in foreclosure? If I just move out due to circumstances beyond my control what am I responsible for?

    Answered about 1 month ago.

    1. Caryn S. Fennell
    2. J. Jeffrey Williams
    3. Scott Benjamin Riddle
    3 lawyer answers

    This question sounds a little confusing because on one hand it sounds like you own the place and on the other it sounds like you are a renter. If the bank is seeking to foreclose on a property that you hold responsibility for the mortgage then you will continue to be responsible for the debt until it is sold at auction, and if it is sold for less than what is owed, then you will be responsible for the debt. They must send you proper notice of the intent to foreclose and publish the...

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  7. How long could a judge give a first offender for probation violation?

    Answered about 1 month ago.

    1. Caryn S. Fennell
    2. James Lawrence Yeargan Jr.
    3. Noah Howard Pines
    4. Brandon Michael Rosenbloom
    5. Jay Scott Finnecy
    5 lawyer answers

    The most important thing to understand about Probation Violations is that the offender does not have the same rights as when they are charged with a crime. Probation violations are considered "post conviction" issues and offenders actually have very few rights. They can often be stuck in jail waiting to see a judge for a long time as the law does not mandate timeframes for probation violators. The law simply says that they must see a judge in a reasonable amount of time, which can be defined...

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  8. I was arrested February 01-2013 and still waiting on formal charges as of 7-29-14.. Does it normally take this long to file?

    Answered about 1 month ago.

    1. Caryn S. Fennell
    2. James Lawrence Yeargan Jr.
    3. Larry Forman
    3 lawyer answers

    No it is not normal to wait this long for a DUI Accusation to be filed. The DA/Solicitor has 2 years to file an accusation (not to conduct the trial). So, you have time to wait.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Was arrested for felon with a firearm charge, but NEVER been convicted of a felony, EVER!

    Answered about 2 months ago.

    1. Caryn S. Fennell
    2. Larry Wilcutt Fouche
    3. Noah Howard Pines
    4. James Lawrence Yeargan Jr.
    4 lawyer answers

    Many mistakes are made in the GBI criminal report as those responsible for entering the data are human beings who make human errors. Since he has been arrested he has a right to see his criminal report. Have an attorney obtain the report and find out where the felony was entered and track down the error. It can be fixed quickly providing it is truly an error.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. I have filed a small claims suit. The plaintiff filed a "Defendant's Amendment to Answer." Do I need to respond to this?

    Answered about 1 month ago.

    1. Caryn S. Fennell
    2. John Taylor Hopkins IV
    3. Ashley Anne Digiulio
    3 lawyer answers

    You are not required to respond to the defendant's answers, even amended answers.

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