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Brian Chiles Tevis

Brian Tevis’s Answers

165 total


  • Can i establish visitation without establishing child support as there was no order for such? overturn fraudulent divorce?

    divorce was obtained by husband while kids lived with me,wife, granting him custody of kids in divorce decree but court did not establish child support as they "did not have authority to do so over one residing in another state". father change...

    Brian’s Answer

    Child support and visitation are not necessarily tied together in Georgia. One could technically have to pay child support and have no rights to visitation or could have visitation and not necessarily owe child support. However, in common practice you are going to see them together. In order to establish visitation you would need a court order, just like you would need an order to establish child support. If an order has already been established, you would file a modification in Georgia in the county where the children and defendant are living.

    If the father is as bad as you say, you might consider trying to get custody if you want the children and feel that you are a more qualified parent. Keep in mind, the longer you wait to do this, the harder it will be. A Georgia court is unlikely to just switch custody to someone out of state when all of the kids' friends, family, school, etc. are well established here. The sooner the better.

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  • If my husband was sentenced to 5 years serve 5 months for aggravated assault ....will he serve this in County or state

    This is his first offense so he used his first offender rights...nobody was hurt and the judge recommend him for work release but he was denied..who decides if he stays in county or state..also can he do 2 for 1 with good behavior help please we n...

    Brian’s Answer

    • Selected as best answer

    Since it is a felony sentence he could technically be taken into custody by the department of corrections and do the time at the state prison level. However, since it is a short period of time they may let him stay in the county jail instead. As mentioned by the other responses, when you are in a county jail there is no parole process, the time you serve is entirely up to the Sheriff's department who oversees that jail. Generally 2 for 1 only applies to misdemeanors or time being served on a probation revocation, but it just depends on the particular jail. He certainly could be released early and it would be helpful if he could get on a as a trustee.

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  • Ill be 16 in 3 months, i may be pregnant can my 17 yr old boyfriend go to jail?

    I might be pregnant. ill be 16 in 3 months. my boyfriend is 17. could he be charged for satutory rape? even if my parents didnt say anything? also even if i had the baby at 16 could he still get introuble? i know the age of consent is 16 in ga. p...

    Brian’s Answer

    Yes. The age of consent is 16. Since you are under and he is over it is statutory rape in Georgia. However, under the facts you provided with your boyfriend being under 18 and you being within 4 years of each other, it would be charged as a misdemeanor (punishable by up to 12 months) instead of a felony (punishable by up to 20 years).

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  • Does a prison sentence over ride a rehalb sentence?

    new charges in 2011, carroll co, got probation and rehalb! the probation i had in douglas co got violated by new charges and i was sent to prison. served 40 months. now my probation in carroll co is trying to say i still have to go to rehalb. ...

    Brian’s Answer

    For the most part, i find MOST Carroll County Judges and DAs to be very reasonable. You can probably get this resolved with a short hearing about what's going on. If the probation is even still going, you could ask the judge modify your sentence based on the time you did, have the rehab condition removed, or ask that your probation be terminated early.

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  • Drug Possession of Probation

    Currently on probation for Reckless Driving, associated with other charges of No Insurance while driving and failure to obey traffic device. I have no other probation violations but still have a balance of debt due to The Courts and classes such a...

    Brian’s Answer

    In addition to what everyone else has already said....

    I practice in Douglas County very frequently. I can tell you from experience that if you have violated probation in Douglas they are going to issue a warrant and file a petition to revoke your probation. If you do not already have an attorney, you should probably seek legal counsel immediately. As far counties in and around the Metro Area, Douglas is one of the worst for defendants.

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  • In the state of Georgia, If you have 1 felony and 3 violations of probation does it mean that you have 4 felonies?

    I recently submitted a background check which showed that i had 1 felony 7 yrs ago and 3 violations of probation. Although i had informed the employer about the 1 felony, the employer decided not to hire me because she said the 3 violations of pro...

    Brian’s Answer

    That is not true. You have 1 felony conviction and then violations of probation under that conviction. (That's assuming your violations weren't for committing new felonies). Violations do show up on GCIC reports (criminal history) so they appear in the same place as your other convictions, but a violation is not a new felony conviction.

    That said, Georgia is an at-will employment state. That means other than discriminating against protected classes (race, sex, etc.) an employer can decide who to hire and fire as they please. They may say "You have that felony conviction, but you also have all these probation violations and that makes us nervous." They could just disqualify you for that original felony if they wanted to, and a lot of employers do just that.

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  • Under the Ga First offender act, while completing the terms, can a potential employer use your probation as reason not to hire?

    After accepting the First Offender plea I know they do not suspend your licence as they would for a felony not covered under first offender. They also do not revoke your voting rights like they would under a regular felony. So wouldn't the same ...

    Brian’s Answer

    To consolidate the previous answers and add to it....

    First offender should not show on your record for an employer while you are under sentence or after you complete it. BUT they WILL see that you were arrested. So while you can say you were never convicted of the charge, they can still see you had a run-in with the law and were arrested. Georgia is an at-will employment state. That means an employer can fire you or not hire you for whatever reason they want as long as it isn't due to discrimination of some protected class (gender, age, race, etc).

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  • Can I evict my husband who has a drug problem and stealing money from the household. I work and he doesnt.

    my income and credit was used to obtain the home and he was added as an occupant. i can show proof that i make all household payments and he does not. he wont move forcing me to move out but why should I when if I move he will lose the house for n...

    Brian’s Answer

    You could try to get the landlord to remove him from the lease as an occupant if you were the one who requested he be added in the first place. You could also request that the landlord change the locks and only give you the new key. Short of that you could turn him in for the theft and drugs and have the police arrest him, divorce him, or move out.

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  • What does Burg bef 7/1/12 mean? Did they change the law?

    A friend of mine went to prison for burglary, got 20 years(it was his fourth strike and second burglary conviction) with no parole. He appealed his conviction and it was denied. Now his DCOR page says burg bef 7/1/12. is there any significance ...

    Brian’s Answer

    It is not true that Burglaries committed before 7/1/12 necessarily have more time than those committed after 7/1/12. Yes, the law did change. But change was that Burglary is now broken up by the type of building that was burglarized. Before, Georgia only had Burglary and it was 1-20 years, 2-20 for second, and 5-20 for third conviction.

    The law now distinguishes between someone's home and other structures.

    It is still a 1-20 year sentence range if you are convicted of burglarizing a "dwelling" (e.g. someone's house). And it is still 2-20 on a second conviction for this.

    If it was not a dwelling, but rather a commercial warehouse or a shed or something, then the sentence range is 1-5 for a first conviction and 1-8 for the second conviction.

    So if your friend burglarized someone's home, the sentence range is the same whether it was before or after July 1st, 2012.

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  • I recently received a job offer from a company, that was later rescind because of criminal background. I mention on the job app

    that i had a misdemeanor but its showing the felony i was initially charge with but later nolo pro. now during the three day wind to appeal the number i was told to call is jus a voicemail. how can i appeal when no one has return any calls and im ...

    Brian’s Answer

    Get a copy of the Nolle Prosequi order from the clerk's office in the County where your case was. Take that to the GBI (located on Pathersville Rd. in Decatur) and they can clear it up. They will probably run your fingerprints to get the correct GCIC, but they are the gatekeepers to your criminal history and the only ones who can correct it.

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