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William M. Brownell Jr.

William Brownell’s Answers

225 total

  • How do I keep my wife (3 years physically separated) who lives in another state, from barging into my house to harass me.

    I told her I am going to file the divorce since we have been living apart for 3 years. Now she is planning on driving in from S.C. to barge into my house, start a fight, and take pictures of all my stuff in my house. She says she can come in becau...

    William’s Answer

    I agree with Mr. Welsh. I would add that if her name is not on the deed or lease of the property in which you are residing and you have all of the locks changed, no locksmith will unlock the house for her. And if she damages the residence, a judge will look very dis-favorably on her conduct; and that conduct will come back to haunt her during your divorce. Take pictures of everything and every room in your residence and all doors and windows inside and out to be able to show the condition of your residence before she broke in. Also, remove as many valuables from your residence as possible.

    And finally, get a lawyer and get your divorce filed ASAP. A problem is that if you have been separated for three years and she is now a resident of S.C., the divorce will likely have to be filed in S.C. by an attorney licensed to practice in S.C.

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  • Can I drop aggravated assault charges against my sons Father?

    Monday we got into a heated argument that resulted in him damaging my sisters car I then tried to damage his car he then chased me down with his car and I fell my foot was run over by the tire... Although I know it's wrong I also know I was wrong ...

    William’s Answer

    It sounds to me like this is a very violent individual with a very serious anger management issue. First he damages your sister's car and then he chases you down in his car for "trying to damage his car" and ends up running over your foot. Something needs to stop his violent behavior.

    You describe your conduct as trying to damage his car. From that, I can't tell if you actually did some damage or you were about to. If you were about to but did not damage his car, you have no criminal responsibility. If you did some damage to his car, you could potentially be charged with either misdemeanor or felony criminal damage depending on how much damage was done. But it does not sound like your are charged now. And there is nothing to say that you would be charged if you did do any damage.

    I understand (but do not agree with) your feeling that you are responsible for his chasing you down in his car and running over your foot. I'm guessing that your desire to have everything dropped is more because you are afraid of him due to his serious violent tendencies. But as I said earlier, something needs to stop his violent conduct. Being prosecuted for aggravated assault could be just what he (and you and your sister) needs.

    But to answer your initial question, YOU cannot "drop" the charges. Once he is arrested on the charges, they are no longer your charges to drop. The most you could do is contact the District Attorney's office and let them know that you do not want him prosecuted and that you would like the DA's office to dismiss the charges. They may or may not do as you request. It is entirely in their discretion. Their decision would be based primarily on how serious the situation was, whether there was alcohol or drugs involved, how frequently he has committed violent acts in the past and how bad his criminal history is.

    Good luck to you.

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  • What happens in a divorce when a spouse wants the house but can't afford it?

    My wife and I are divorcing after 22 years. I am retired military with a pension and disability pension. I work FT. My wife is drawing (disability) and can't/won't work. We have a child in the last year of high school who wants to live with me. M...

    William’s Answer

    I agree with Mr. Gardner and will add that another very viable remedy is for the judge to order the house placed on the market and the net proceeds from the sale equitably divided.

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  • How long does it take to receive papers either by mail or process server once a spouse has filed for divorce.

    My spouse said he filed for divorce which was two months ago, I have not received any papers either through mail or process server.

    William’s Answer

    A complaint for divorce has to be filed in the county where you reside unless you have moved out of the county of your last marital residence and it has been less than 6 months since your separation. In that case, the complaint could be filed in the county of your last marital residence. With that in mind, you should be able to figure out where the complaint should have been filed. And unless your spouse doesn't know where you live or work (changed homes or jobs), you probably should have been served by now. I would suggest calling or going to the clerk's office in the county where the complaint should have been filed and finding out if it has in fact been filed. If it has, find out what else has been filed.

    Unless you have no minor children, no assets and no debts, you will likely need an attorney to represent you in your divorce. Now may be a good time to retain counsel and let him/her research the status of your divorce and respond accordingly.

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  • Should I make the Dollar Store write a report of my accident .

    I tripped in the parking lot of Dollar General store last night. I skinned my right knee bad and have a knot on my head. A woman went and got an employee working inside. They offered to call a ambulance but I thought I could drive. The employee...

    William’s Answer

    I agree completely with Mr. Rothstein. I'll only ad that it is doubtful that Dollar General will be very cooperative at this point. They'll know that you want a report and the names of witnesses for a possible claim. And they're under no obligation to write a report or give you a copy if they have written a report. After you have taken pictures of what made you fall, have a consult with a few PI attorneys and get some opinions about how strong a case you have. Slip and fall cases are difficult cases under Georgia law.

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  • If u move out of your parents house and they know about u leaving, can u call the police to get your belongings they are holding

    I moved out of my moms house due to the bad treatment and she is aware of me leaving but she is holding my belongings from me, ones i purchased myself and ones she has bought. I filed a paper from the court requesting my things and she hasn't give...

    William’s Answer

    It is extremely doubtful that without a court order, the deputies would get involved in any way. You need to file a claim in the Magistrate Court of the county where your mother resides. If the court rules in your favor, you will have the court order you need to get law enforcement involved. If you can, having a lawyer represent you in this claim would give you a much better chance of success.

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  • Rear ended 3 mos ago. lawyer says to late for mri...and if anything is found, ins. co. will say pre-existing. wants to settle

    Hello...Rear ended by co. van; older car got 980.00 damage estimate. Went to work next day-day after had to go to emergency room. They said "straightening of spine" prescribed muscle relaxer...naproxin. Recomm. i go to chiropractor, get a prima...

    William’s Answer

    Just based on what you've described, it is my opinion that you have a stronger case than your attorney apparently believes. The chiro was a waste of time. You will likely not get compensated for that. However, an MRI three months after the wreck is not a problem. And if you get in to see the right doctors and receive appropriate medical (rather than chiro) care, your case should get better.

    I don't like to say this, but the truth is that some PI lawyers like to get cases in fast and settle them fast - often times for much less than they are worth - instead of riding the case out with you and filing suit if necessary to get you what the case is really worth. You might want to consider having a consult with a few other PI attorneys and get their opinion and possibly switch attorneys.

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  • It was raining bad outside and a car hit me on the right front wheel the police officer said there wasn't any witness he said

    He was going to let the insurance deal with it because there two conflicting story's but the next day he ticketed me one ticket for my driving license not being in the same state even thou I was living at a hotel and the second ticket for running ...

    William’s Answer

    You have both a potential lawsuit against you and the citations to deal with. It's not unusual for an officer to not issue warrants if they don't feel fairly convinced about who did what and who may have violated a traffic statue. It is also not unusual for an officer to follow up on the case and, if additional credible information is discovered, issue citations based on the additional information.

    The citation concerning your license may be valid depending on how long you had been living in the hotel. The after the fact witness would be in question. Why did she leave? Why did she contact the office after the wreck? Did she leave her name with the other driver and leave and the officer later contacted her?

    If you haven't already, you need to report the accident to your insurance company. The adjuster and investigators will follow up on the officers investigation and come to their own conclusions. If they believe that the evidence is strongly against you, they will likely pay the other driver's claim. Otherwise they may not pay. And if there is a lawsuit filed, they will assign an attorney to defend you in the civil case.

    You also need to hire an attorney to represent you in the traffic citations. Your attorney would likely be able to work with your insurance company and take advantage of the investigation they performed.

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  • Can I appeal a modification of custody decision if I can prove the plantiff lyed in order to get custody?

    The decision has not been made yet about custody but I'm almost certain that the plantiff will succeed at least temporarily. During the temporary hearing, plantiff told several lies under oath plus their complaint for modification contains some li...

    William’s Answer

    First and foremost you need to be represented in this case. If you don't have an attorney, hire one now. Don't even think you can handle this kind of case yourself.

    If you can prove to the court with no doubt that these witnesses lied under oath and that they lied about facts that were critical to the trial court's decision, your attorney needs to file a motion to set aside the order or request a re-hearing based on the perjury. I have some serious doubts that they will be arrested for perjury. But even if they are, I don't know that the arrests will be sufficient by themselves to get you another hearing. I doubt that you would be successful in suing the plaintiff. And you would not be able to appeal the decision unless you had another hearing in the trial court and convincingly showed the perjury on the record and that the perjury swayed the trial court to rule against you.

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  • How long does it usually take the GA Appeals court to rule when they are asked to reconsider an opinion that they gave?

    This case involves child custody. My ex appealed the decision of my county superior court to the GA Court of Appeals. The appeal was not based on procedure. In the filing my ex simply said the Superior Court judge ruled incorrectly. The GA App...

    William’s Answer

    It is fairly unusual to request a reconsideration unless the party genuinely believes that the Court of Appeals erred in its decision. However, if a motion to reconsider is filed, the Court is obligated to reconsider it. However, that doesn't mean that they will start from scratch. To a large degree it depends on how much is put into the motion to reconsider detailing how the court of appeals erred. If it's just a line or two with very little substance, the court will take a short look at it and deny the motion. But if the motion is very detailed and well reasoned and argued, and it appears to the court that it may have some merit, the court would likely take a closer look. You're probably looking at anywhere from 2 weeks to 2 months depending on how well reasoned the motion is.

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