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Marko Ludvik Burgar
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Marko Burgar’s Answers

17 total


  • Should my fiance take intense probation?

    My fiance got locked up for non report.He got locked up on april 4,2010.His p.o. came to see him on april 23,2010 and offered him intense probation if he pleads guilty to non-report.Should he take this or just wait to go to court?He has 2 yrs left...

    Marko’s Answer

    Your fiance needs to speak with an attorney to tell him the specific details of his case. There's not enough information in your post to give a reasonable answer, but at a minimum, revocations are a serious matter, and "intensive" probation is not always the best way out.

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  • Probation Violation

    My sister skipped out on her probation in Pickens county for several reasons. She stated to me about her mistreatment and she had no way of transportation and over all her probation office really scared her. She also stated to me he would threaten...

    Marko’s Answer

    If her sentence was not tolled even though she violated, perhaps the sentence has expired, which would be a good thing. Tolling stops the clock on a sentence, so that when they find the violator the time remaining on the sentence will be what was left on the day she first violated. If they didn't toll the sentence, the clock never stopped running.

    However, this would be unusual. As far as what to expect, violators are typically arrested and held until the matter can be heard by the judge. Beyond this, much depends on the circumstances of her case. I strongly suggest she retain an attorney before deciding anything.

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  • What could the possible sentence be?

    A family member and some of people he knew went to a mans house who owed him money and assaulted the man. They took some things I suppose due to the robbery charge. My question is with force being part of this.....will this probably be upgraded fr...

    Marko’s Answer

    Robbery has a sentence range of 1 to 20 years, armed robbery has a minimum 10 year sentence and may lead to a life sentence in certain circumstances.

    As for the first offender act history, it will not be used to make him a recidivist, but I would doubt the prosecutor will pretend the incident didn't happen in his negotiations.

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  • If your license was suspended during bct because of a pending speeding ticket will u be discharged?

    my husband is currently in BCT. He got a speeding ticket a week before he reported, and told his recruiter.The recruiter told him not to say anything and take care of it. So i paid off the tickets but according to ga state law because he got sup...

    Marko’s Answer

    Generally speaking, if his speed was high enough to be considered a "super speeder", he will get an additional $200 fine from the State of Georgia. Please review the legal guide written by my law partner, Darrell Kimbrell, on the subject.

    Regarding the suspension, under-21 drivers convicted of speeding 24 mph or more over the posted speed limit will have their license suspended for a period of six months.

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  • Ticket for passing stopped bus

    I recently received a ticket for passing a stopped school bus on a four lane road. The bus was on the inside north bound lane. I was on the inside south bound lane. The road has two norh bound lanes and two south bound lanes. I did not notice th...

    Marko’s Answer

    First, you should considered consulting with an attorney. Passing a school bus, in addition to the heavy fine, carries a lot of points on your license. Whether or not you have a decent chance of defending yourself will depend on the specific facts and circumstances of your case.

    Unless one is on a divided highway, OCGA 40-6-163 requires vehicles in both directions to stop for a school bus which is stopped with it visual signs, those being the amber and red lights.

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  • Is a baseball bat used in self defense on school grounds turned into a "weapon on school grounds"?

    Confusing law issue - The georgia self defense law restricts you to the use of weapons that are legally possesed at your current location etc. And the Georgia "weapon on school ground" law says (c) The provisions of this Code section shall ...

    Marko’s Answer

    The prohibition applies to baseball bats, which are considered a weapon pusuant to OCGA 16-11-127.1, unless possessed by someone playing baseball in a legitimate baseball activity. You ask many variations to the question, but unless one has the bat to play baseball, it will be considered a weapon in a school safety zone. The issue of self-defense is an entirely different legal issue.

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  • If all sign new doc replacing initial cov/bylaws,can HOA go back & use initial doc instead of newly drafted one?

    During an HOA meeting, residents signed a new doc created to replace the verbose initial governing covenant & bylaws. During a dispute over backyard additions, the HOA chose to go back to the original documents to argue their case. Can they use ...

    Marko’s Answer

    There is a difference between covenants and by-laws that may impact the answer to your question. Normally, the most recent, properly-approved covenants filed in the county deed books are what apply in any dispute. With this in mind, we would normally answer that the new covenants would appropriately apply. However, in your question I can't determine if you are referring to by-laws or covenants, and if covenants, whether the modification was properly approved by the members and recorded with the county.

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  • How do I go about evicting an individual who is living with me currently, but under no lease agreement.

    I own the house I live in and another person lives with me. I am curious to know the laws regarding the eviction process even though there is no tenant/rental agreement. Thanks.

    Marko’s Answer

    You should consult with an attorney to give them a full explanation of your situation to get an accurate answer. There is not enough information in your question to definitively answer. Generally speaking, a tenant outside of a lease is considered month-to-month. If you have any difficulties getting them to vacate, consider filing suit in magistrate court.

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  • Sublet not paying rent, my original lease doesnot recognize subleases. What can I do?

    Ok, i subleased my apartment 4 months back for a period of 6 months. Last month, the sublets did not pay rent and so is the case this month. So we are in a hole for money involving rent+utilities for 2 months. They refuse to move out and thereby I...

    Marko’s Answer

    It would be best for you to consult with an attorney with the particulars of your case. I doubt this will result in any police action, but the issue of who is liable to whom may be a bit tricky. Generally speaking, you are liable to the landlord, the subtenant liable to you, and the normal way to proceed against the subtenant would be for you to file a civil action in magistrate court. Whether the fact that you did not have an actual interest to convey to the subtenant would defeat your claim is an issue for which you have not provided enough information.

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  • Do HOA Bylaws need to be filed in the courts of the county of the subdivision?

    Our Covenants are filed with the county, do the Bylaws need to be filed as well?

    Marko’s Answer

    There is no requirement that the by-laws be filed. The covenants, as you have indicated, are filed in the deed books of the county in which the HOA is located. The by-laws are simply the operational rules of the association, similar to the by-laws of a typical corportation.

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