This type I'd situation requires not just an attorney capable of handling criminal issues, but one very well versed in immigration issues as well. I highly suggest you consult with an attorney who specializes in both areas sooner rather than later. Best of luck, Lisa
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In order to proceed against the tenant she must be served. A special process server may be helpful in your situation. Beyond that, if her present whereabouts are unknown, you may be able to get permission from the court to have her served by publication. Once served, you will be able to ask the court for a judgement against her. Even if you obtain a judgment against her, you may not be able to collect it if she has listed you as a creditor in her BK and the debt is discharged in bankruptcy. In...
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It is almost impossible to determine what the parole board is going to do when. It depends very much on the level of overcrowding, funding, etc. I've included a link which might be helpful. It is a handbook created by the Southern Center for Human Rights specifically about navigating the parole consideration process. I wish you well. Lisa
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In Georgia, the DOT gives each jurisdiction a list of roads where running radar is permissible. Not only must a road be less than a 7% grade, but it must also qualify based on its dips and turns as an eligible road for law enforcement to conduct speed detection checkpoints/run radar. Under the Freedom of Information Act, that information is readily available to the general public if you know where to ask for it. Law enforcement doesn't always respect that list of roads. While there may be...
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It is not as easy as simply signing over a parent's rights to a child. In Georgia, both parents are deemed to have an obligation to the child. Georgia courts will not do anything regarding establishing parentage until the child is born. Also, in order for one parent to give up their rights and obligations to the child, Georgia generally requires a second or step parent who is willing to step in as an adoptive parent. Also, in order for a step parent to adopt, generally the biological parent...
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If this is the juvenile's first (or second, or third) burglary, they will be tried as a juvenile. However, if this is the fourth burglary and the first three were adjudicated at separate court appearances, the Court is required to transfer the case to Superior court and, in that case, a child over the age of 15 will be charged and prosecuted as an adult. I would be happy to speak with you if you'd like further insight. Best of Luck, Lisa Harris
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My colleague is correct in her assessment of your situation. In addition, a judge is not listed in the Georgia State Code as being required to report a suspected case of child abuse to DFCS. If indeed you think there is, without question, an issue of child abuse, evaluate carefully what DFCS might be able to do for you. In general, I think a guardian ad litem in your custody proceeding may afford you a better outcome than getting DFCS involved. Procedurally, DFCS would investigate, talk to...
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You may have defenses to this charge. A good attorney can explore all the available options with you but would need more inforamtion to give your case a full evaluation. If you are on probation currently on either of the DUIs there could also be serious fall-out in the form of a probation violation which could result in your immediate arrest and detention for up to 45 days until you are brought before a judge. Seeking the advice of a great attorney is key.
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In any case where there is a no-contact provision on bond conditions, if the victim goes to the prosecutor and requests that the bond conditions be modified to allow no violent contact, sometimes they will do so by agreement. If they are not willing, then the defendant’s attorney would need to file a motion to modify bond and request the judge to modify the conditions. If the case is over and the no-contact provision is part of the sentence imposed by the court, the defendant's attorney would...
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It really depends on the position of the prosecutor. If your wife has never been arrested or convicted before it is likely she will be treated better in negotiating a resolution than someone who has a conviction history of violent offenses. If there is a history of calls to the police involving the mother in law as an aggressor that can also go in your wife's favor to back up her statements that the mother in law behaved out of bounds. Provocation is not usually a winning defense, but a...
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