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Arturo Corso

Arturo Corso’s Answers

165 total


  • Can I have my spouse's former attorney represent me in a legal separation against him? If so, how do I handle this?

    The attorney represented my spouse in a child custody matter and now I'm seeking a legal separation from the spouse. However, I would like to use his former attorney.

    Arturo’s Answer

    if the new matter is in any way "substantially related to" the prior matter then No.

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  • Am I entitled to compensation/lease termination if I was outright lied to about prior tenant dying in my apartment?

    The prior tenant of my current apartment of approximately one month died in it. I asked about why the tenant left before signing the lease and was simply told that she lost her job, immediately vacated, and left all personal possessions behind an...

    Arturo’s Answer

    No. However it is imperative that you ascertain whether there may have been any environmental conditions that caused or contributed to the death.

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  • Got speeding ticket 79 in a 45, and ticket for speedodometer not working in Gainesville Ga. Tickets say I was driving a toyota

    Got speeding ticket 79 in a 45, and ticket for speedodometer not working in Gainesville Ga. Tickets say I was driving a toyota camry, I was driving a VW Bug? What can I do, I am 18 years old?

    Arturo’s Answer

    First and foremost, we need to know what Court you are in -- whether it's the Gainesville Municipal Court or the State Court of Hall County. This is important because it has different prosecutors and different judges. Consequently it often also has substantially different outcomes. The fact that there is a mistake on the accusation (or in this case the citation) in and of itself will not get you a magic dismissal. However sometimes we can exploit those inconsistancies to challenge the credibility of the officer and obtain a better result!

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  • Can I be put in jail for misdemeanor charges that are put on dry docket? I am on probation in FL, living in GA.

    I am currently on probation which originated in Florida, but I have transferred to a probation officer in GA as that is where I now live. I have been charged with simple battery, a misdemeanor and the state attorney says it will probably go to dr...

    Arturo’s Answer

    Dead Docket is not a dismissal. It's more like a state of suspended animation. Cases can be deactivated later. Also, the fact of your arrest or charge is in itself enough to result in a probation violation charge. In a criminal case the standard of proof is beyond a reasonable doubt. But in probation violation cases the standard is much lower, a preponderance of the evidence. You are right to be concerned. You should hire a lawyer to defend you. Perhaps if there is not enough evidence to interest the prosecutor to keep the case active, the probation officer will be similarly persuaded. Good luck to you.

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  • How do I get my identity back?

    My name was given by a relative during a drug bust. Now my name is tied to their record. I have already contacted the GBI and have a password and paperwork stating what happened, but my name is still associated with their record. Is there anyway t...

    Arturo’s Answer

    No. But your name is not your identity. Your identity is so much more. Without getting philosophical, in criminal cases your identity is your fingerprints, or a combination of your name, date of birth, physical description, and other identifiers (scars, tattoos, teeth appearance, or ID numbers such as your Social Security number). The fact that your relative gave your name at arrest is no more significant than any other alias he may have used in his life and it will now be associated with him in HIS criminal record. The steps you've taken are appropriate.

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  • Are there any Pre-Trial Intervention or diversion programs for Aggravated Battery charges in Fulton County?

    I was arrested for aggravated battery, after a fight downtown. Victim suffered head trauma, but does not want to press charges, just wants doctor bills covered. Case was picked up by the state. I am a college grad, working for the state, and I am ...

    Arturo’s Answer

    Diversion programs are used liberally in Fulton. However, you must be offered participation by the prosecution. Typically they are used for non-violent offenses. You have said you not only were charged with a violent offense but also that the alleged victim was seriously injured. It matters not whether the victim wants to drop or press the charges. You should seriously consider hiring an experienced trial lawyer to investigate and present affirmative defenses. Don't just wait to see what happens. Fulton is a busy place and it may be years before your case is resolved unless you are proactive. An attorney could get an affidavit from the alleged victim or even broker a mediated agreement to pay medical treatment costs while also obtaining a statement that the other guy was the primary aggressor.

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  • Lawsuit? The day before the charges were dismissed my p.o said I had a warrant the DA faxed po with the dismissed paperwork.

    I Was arrested for theft by receiving stolen property and no tag. My stepbrother sold my sister a vehicle and she got a bill of sale and the title well a week later he Was at my sisters and they got in a dispute and he took the title and left th...

    Arturo’s Answer

    Unless you can show that the PO knew the charges had been dismissed and failed to verify the warrant, you likely have no cause of action. On these civil damages cases, you have to be able to prove some reasonable measure of damages. In other words, what harm did you suffer?

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  • I was arrested 3 years ago for felony financial transaction card fraud, can this be expunged or dropped?

    The only contact the district attorneys office has made with me was to offer first offender act, which I declined. When I called they told me I had more charges that had to go in front of grand jury, and to get representation. I applied for a cour...

    Arturo’s Answer

    Hi. Your question is about expungement but in truth your case is still pending! You should file a Demand for Speedy Trial. You are innocent until proven guilty beyond all reasonable doubt. If you didn't do anything, fight for your innocence. Once you get your case dismissed or win your acquittal, then there are new rules in Georgia for expungement of an arrest record. Good luck to you. If possible, you should retain a private lawyer to more aggressively pursue this matter for you.

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  • Once a criminal warrant application has been dismissed by a Judge, can it be brought again on same facts, but by another party?

    I went to court 3 times as the respondent on a warrant application hearing in Fulton County Magistrate Court (due to applicant's attorney obtaining 2 continuances); at the third and final hearing, the applicant was unprepared and had no evidence...

    Arturo’s Answer

    It is highly unlikely that the court would schedule such a matter again. But this is Fulton Co we are talking about, which is large enough that anything is possible. There is no prohibition against another applicant seeking a hearing. Indeed, most applicants are going to be given due consideration. If you are noticed for yet another hearing, make sure you inform the Clerk in advance that the matter already was heard and the application denied. My only concern for you is that if the dismissal was based in any way on the applicants lack of personal knowledge about the alleged offense, and the new applicant is more informed or is the actual victim, then it might be given a second chance. As usual, the best advice is to retain an attorney to scrutinize the procedural posture, facts and circumstances to best protect your interests.

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  • MY IN LAWS SUED ME FOR GRANDPARENT VISITATION RIGHTS.I LOST ALL MY PARENTAL RIGHTS AT THE HEARING. I HAD NO ATTORNEY. THERE WAS

    NO GUARDIAN AD LITEM APPOINTED.IN ADDITION I HAVE BEEN JAILED 3 TIMES BECAUSE I WAS ORDERED TO PAY 8000 DOLLARS TO MY IN LAWS ATTORNEY FEES .HAVE MY RIGHTS BEEN VIOLATED. WHAT CAN I DO.

    Arturo’s Answer

    We are seeing this more and more. The judge must make some very specific findings of fact based on lawfully admitted evidence before he can terminate your parental rights! If not, this ruling can be overturned on appeal. You should have been appointed an attorney. But now the clock is ticking. You have only 30 days to file a discretionary appeal. Hire a lawyer immediately.

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