Skip to main content
Nathanael Adamson Horsley
Avvo
Pro

Nathanael Horsley’s Answers

68 total


  • If the victim doesn't show up for court will the case be dropped, will they get in trouble?

    I'm being charged with a simple batter under fva. This is first time offense and thinking of pushing this to trial. Only issue is the victim not showing up. They are in a different state now.

    Nathanael’s Answer

    Having practiced criminal law in and around Gainesville for many years I can say the prosecutors will make every effort to ensure people who live out of state show up. They will pay for airfare and take other steps to get witnesses to court. The witness could get in trouble if they were subpoenaed and don't show, but there are very specific procedures that have to be followed to subpoena an out of state witness and the prosecutors in Gainesville don't always follow them. Bottom line, talk to a lawyer about all the facts of the case so that they can give you specific advice about how to obtain the best possible result.

    See question 
  • Can you be charged with constructive possession in Georgia if...

    Lets say you are hanging in a park (not in a vehicle, standing outside) and police show up: Two are under the influence, One has marijuana in his pocket, the other has a pipe in the car, and a grinder is found on the ground. Now the third person i...

    Nathanael’s Answer

    Neither mere association with persons in possession of drugs nor mere proximity to contraband is illegal in Georgia. The State can argue that the person was in constructive possession of any contraband even if it was not physically in their possession but they have to prove the person had knowledge of the contraband and exercised some form of control over the contraband. Sounds like the person you describe has a strong defense, but they need to get a lawyer to help them present that defense effectively.

    This answer is provided for informational purposes only. The response given is not intended to create, nor does it create, an attorney-client relationship. Each case is fact specific, and it is impossible to evaluate a legal question without a review of all the facts at issue. If you are looking for legal advice regarding a problem in the State of Georgia you may contact my office so that we can set up an office or phone consultation to fully address your question. http://www.kimmeylaw.com

    See question 
  • Can a convicted felon be charged with two counts of murder for one victim?

    my friend was sentenced to life in prison for murder in the state of Georgia and was charged with 2 counts of felony murders for one victim where they both ran concurrent . is it legal for the court to charge him in this manner or could this be co...

    Nathanael’s Answer

    Yes, it is legal for the State to charge two alternative felony murder counts based on different underlying felonies, but your friend could only be sentenced according to one such count if there is only one victim.

    This answer is provided for informational purposes only. The response given is not intended to create, nor does it create, an attorney-client relationship. Each case is fact specific, and it is impossible to evaluate a legal question without a review of all the facts at issue. If you are looking for legal advice regarding a problem in the State of Georgia you may contact my office so that we can set up an office or phone consultation to fully address your question. http://www.kimmeylaw.com

    See question 
  • Can't get parole from Georgia Prison

    Doing over 19 years for armed robbery in Georgia Prison. Why the reason for delay of parole?

    Nathanael’s Answer

    Unfortunately persons convicted of armed robbery in Georgia are not eligible for parole unless they receive a life sentence, and then they are only eligible for parole after 14 years if the crime was committed before July 1, 2006 or 30 years if the crime was committed after July 1, 2006.

    This answer is provided for informational purposes only. The response given is not intended to create, nor does it create, an attorney-client relationship. Each case is fact specific, and it is impossible to evaluate a legal question without a review of all the facts at issue. If you are looking for legal advice regarding a problem in the State of Georgia you may contact my office so that we can set up an office or phone consultation to fully address your question. http://www.kimmeylaw.com

    See question 
  • How do I get legal rights to my child if I am not married to the mother

    What are my rights to my child in the state of Ga. if I am not married to the mother?

    Nathanael’s Answer

    In Georgia if the child is born out of wedlock you still have the duty to provide support for the child, but you have to legally legitimate the child before you have any right to seek custody or visitation. This is normally done through a petition for legitimation. I would suggest speaking with an attorney about this. While the test for determining custody is simply what is in the best interests of the child, litigating the issue can be complicated. Also, whomever gets primary physical custody will very likely receive child support from the other parent, so you want to make sure the issue is handled correctly the first time you go to court rather than having to come back to address the issue later.

    This answer is provided for informational purposes only. The response given is not intended to create, nor does it create, an attorney-client relationship. Each case is fact specific, and it is impossible to evaluate a legal question without a review of all the facts at issue. If you are looking for legal advice regarding a problem in the State of Georgia you may contact my office so that we can set up an office or phone consultation to fully address your question. http://www.kimmeylaw.com

    See question 
  • My boss was fired for stealing (among other things). Can I tell others without being libelous?

    This may be considered public interest. I work for a nonprofit; the board agreed to let the former director call her termination a "retirement." Our board minutes document the actual reasons and our audited financial statements detail the mi...

    Nathanael’s Answer

    To get full answers to these questions you should speak to an attorney in person and inform them of all the facts of the case. As a general matter one of the requirements for finding a statement to be libelous is that the statement be untrue. If the person was allowed to "retire" then it may be untrue to tell others they were fired. In addition to the ethical dilemma of whether it is right to tell others about this person's actions given the decision of the board appears to have been to keep it quiet, you should also be concerned about the legal dilemmas it may create.

    This answer is provided for informational purposes only. The response given is not intended to create, nor does it create, an attorney-client relationship. Each case is fact specific, and it is impossible to evaluate a legal question without a review of all the facts at issue. If you are looking for legal advice regarding a problem in the State of Georgia you may contact my office so that we can set up an office or phone consultation to fully address your question. http://www.kimmeylaw.com

    See question 
  • How strong does evedince have to be ?

    a freind of mine has been accused of a very serious crime that i know he didn't commit . and the evedince in my eyes aren't strong enough to support the acusation, he is a ex con who just recently got out of jail from doing 6 yrs he only had 5 mon...

    Nathanael’s Answer

    The short answer to your questions is the evidence has to be sufficient to prove to a jury beyond a reasonable doubt that your friend committed the crime. That doesn't give you much to work with as a practical matter and it's just not possible for us to tell you exactly what to do to disprove the accusation as we don't know all the facts, so the longer answer is that you need to either hire a lawyer or make sure your friend quickly applies for a public defender so that they can get some help with the case. You are right that a rape charge is very serious and it could cause the parole to be revoked even if they aren't convicted of the crime.

    This answer is provided for informational purposes only. The response given is not intended to create, nor does it create, an attorney-client relationship. Each case is fact specific, and it is impossible to evaluate a legal question without a review of all the facts at issue. If you are looking for legal advice regarding a problem in the State of Georgia you may contact my office so that we can set up an office or phone consultation to fully address your question. http://www.kimmeylaw.com

    See question 
  • Can the police run a tag check on a car parked at a gas station with proper looking tag, parked legally, no suspicios acts?

    Can a police officer run a tag check on a car parked at a gas station with proper looking tag, not illegally parked, not in an area with suspicious activities going on? It appears to me that these randoms searches are on the border line of unlawf...

    Nathanael’s Answer

    Unfortunately an officer in Georgia can run a tag check without any reasonable suspicion of criminal activity. If the vehicle returns as stolen then they likely would have at least reasonable suspicion to detain the occupants to further investigate the situation. However, there is case law that state if the check only returns problems with the listed insurance on the vehicle that may not provide a basis for detaining the driver or occupants. Bottom line the tag number is public information, but what the officer can do based on what he finds out depends on all the facts of the case and may not be basis for a detention or arrest.

    This answer is provided for informational purposes only. The response given is not intended to create, nor does it create, an attorney-client relationship. Each case is fact specific, and it is impossible to evaluate a legal question without a review of all the facts at issue. If you are looking for legal advice regarding a problem in the State of Georgia you may contact my office so that we can set up an office or phone consultation to fully address your question. http://www.kimmeylaw.com

    See question 
  • I live in georgia can my son 14 be question

    i son is 14 can they a cop question him with out a parent be presnt

    Nathanael’s Answer

    As a general statement a parent should be present during the questioning of a child, but the courts have found that statements made by children were admissible even though the parent was not present. The first question is whether the child was under arrest at the time of the questioning and if so whether the child was informed of their Miranda rights. If they are under arrest and were informed of their rights then the state will have a heavy burden in proving any waiver of the right to remain silent and other constitutional rights was knowing and voluntary. The courts will look at factors such as the child's age and education; his knowledge of the charge and his constitutional rights; his ability to consult with family, friends, or an attorney; the length, method, and time of the interrogation; and whether he previously had refused to give a statement or repudiated the statement later. Bottom line, if your child was arrested you would be well served to talk with a lawyer to give them all the facts so they can give you better advice about how to protect your son.

    This answer is provided for informational purposes only. The response given is not intended to create, nor does it create, an attorney-client relationship. Each case is fact specific, and it is impossible to evaluate a legal question without a review of all the facts at issue. If you are looking for legal advice regarding a problem in the State of Georgia you may contact my office so that we can set up an office or phone consultation to fully address your question. http://www.kimmeylaw.com

    See question