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Nathanael Adamson Horsley
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Nathanael Horsley’s Answers

68 total


  • Is a photo of an alleged suspect enough to arrest him?

    If someone is being accused of committing a crime, and a third party gives the police a photo of this person, is that enough for the police to take them into custody?

    Nathanael’s Answer

    What you seem to be asking is whether there was sufficient probable cause to arrest a person based on an accusation and identification through a photograph. This can be an important question because if the arrest was improper then any evidence obtained pursuant to the arrest may not be admitted at a trial. The short answer is that the determination of probable cause is a very fact specific question and you haven't provided enough information to give you a good answer. The longer answer is that it would depend on the specific information provided by the accuser, such as whether the accuser personally witnesses a crime committed or just heard about it, the credibility of the accuser, what was used to identify the person who was arrested as being the person in the photo, and the location of the person who was arrested. If the person was arrested in their home then generally an arrest warrant would have been required. Bottom line, you need to talk to an attorney so that you can give them all the facts, and even then the attorney will likely need to look at the police reports to see what the other side is alleging before they could give you a good answer about whether the arrest was valid.

    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

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  • Husband in jail for violation of probation and now arrest order from 1995 child support. What can be done about old arrest ord.

    He will be able to get out on the violation of probation, but is the arrest order for child support from 1995 too old to be tried on, and the mother of the kids is willing to work something out with him and child support A.S.A.P.

    Nathanael’s Answer

    As a general statement child support debts don't go away because of the passage of time and the arrest order is likely still valid. However, if the mother is willing to work out a consent agreement regarding a payment schedule for the past due child support then it would be possible to file a motion to relieve the arrest order. It would be wise to talk to a lawyer who could guide you through the specific steps to be taken and help the process move as quickly as possible.

    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

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  • Lawyer is making me feel discouraged.. should I follow my instincts or put my trust in him?

    I do not want to get to far into detail, but I'm questioning the ability of my lawyer and am considering finding a new one, is it too soon? Criminal case, suspect has been in jail for a little less than 2 months now. Lawyer was very confident a...

    Nathanael’s Answer

    You are asking a question that no one on here can really answer because we don't have all the facts of the case. There are a few things that can happen before the indictment but they are primarily related to seeking a bond and investigating the case. As with all things related to the legal system, the best way to interact with an attorney who is less responsive than you would like is to be polite, persistent, and document your efforts. Most attorney's really want to help their clients and it may be they are very busy or there is just nothing to be done in the short term.

    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

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  • Are both parties in a divorce liable for equal amounts of debts accrued while married?

    I was married for 10 years and my wife and I owe quite a lot of money to different agencies. We had no children and both of us enjoyed the benefits from money borrowed for different things. Now I need to know if the debts can be shared or is it ...

    Nathanael’s Answer

    The split will not necessarily be equal. All marital assets and debts are subject to what is called an "equitable division". This means either party could be told to pay for all the debts, they could be equally split, or they could be divided in unequal portions. The judge, or jury, will evaluate all the evidence that is presented and decide what they think is fair according to who earned the money, who incurred the debt, who benefited from the debt, whether there was misconduct leading to the divorce, and any other factor they find relevant. If you want a more specific answer about what will happen you should contact a lawyer in your area who is familiar with the judges and can give you a better idea about what may happen. Attorney fees may be ordered to be paid by the opposing party, but for that to happen there generally has to be a substantial financial inequality or misconduct in how the litigation is handled.

    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

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  • How can I get a fair settlement for my personal injury claim.

    I was in a car accident in Oct 09. I had head trauma and soft tissue injuries to my neck and back. I was out of work for two weeks. My bills totaled 11,500. The insurance co. stated my bills totaled 9,500 and offered me 11,500, now they are offeri...

    Nathanael’s Answer

    The short answer is you get a good lawyer. There's no magic formula for getting a good settlement on your own. The best way to maximize your recovery is to work with someone who knows how to deal with the insurance companies. Many personal injury lawyers, such as those with my firm, will give a free consultation and work on a contingency fee basis. That way you don't have to pay anything up front. Presuming the other driver was at fault for the accident you should be able to recover for your medical bills, lost wages, and for pain and suffering. Remember that your injuries may persist over a long period of time, and this is your chance to be sure you receive compensation for those injuries. You've already seen that insurance companies will try to pay as little as possible, it is always a good idea to have someone with experience working on your side. Talking to multiple attorneys is not a bad idea, just be sure you get help somewhere.

    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

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  • What is the punishment or fine of someone being charged with two counts of cruelty to children in the 3rd degree?

    my husband is being charged with battery-family violence,two counts of cruelty to children in the 3rd degree,disorderly conduct and criminal trespass. i don't understand the trespassing one because it was at OUR house on OUR property and my family...

    Nathanael’s Answer

    Unless your husband has prior convictions for family violence battery or cruelty to children in the third then all the charges you mentioned are misdemeanors. At least as to the cruelty to child charges the maximum penalty for each is 12 months in jail and a $1000.00 fine, which is the maximum penalty for a misdemeanor that is not of a high and aggravated nature. It sounds like your husband has defenses to the charges and should speak to an attorney in order to ensure that his case is presented in the best possible fashion and to maximize his change of avoiding jail time and/or a fine.

    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

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  • Arrested and questioned without being read my Miranda Rights

    Recently I was arrested after a warrant had been filed. The police officer who arrested me then asked me details of my case. He then said, "Well, you don't have to answer my questions, but I haven't read you your Miranda Rights." I am confused ov...

    Nathanael’s Answer

    You'll need to speak to an attorney at greater length and share all the facts to get a full answer, but it sounds like the officer was at least giving you a heads up that you didn't have to speak with him, but at the same time acknowledging that he was not going through the full steps necessary to make any statement you did give admissible in court. My guess is that he was trying find out what was going on by implying that he couldn't use anything you said in court as an admission. It may or may not be that he was trying to do you a favor. Bottom line in these situations is that even if you aren't read Miranda a statement can be used for some limited purposes such as impeaching your testimony if you were to take the stand in your defense. Generally the best course is to exercise your right to remain silent, particularly if there is already a warrant for your 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

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  • What is Maximum penalty for violation of prob (misdmnr petty larceny) on first offender drug charges in 07?

    felony drug charges in 07 ( got first offender.... no trouble then got petty larceny misdemeanor last month, which is violation of probation

    Nathanael’s Answer

    You need to speak with an attorney to get good advice about the sentence you are likely to receive based on your history and the new offense alleged, but the maximum penalty in a first offender revocation is to revoke first offender status and re-sentence on the original charge up to the maximum sentence allowable on the original offense. So here your maximum exposure depends on the type of felony drug charge involved. First offender sentencing is a blessing but it can also be a curse. This is one instance where first offender sentencing is a disadvantage in that if you were sentenced to standard probation they would only be able to revoke a maximum of two years for a new misdemeanor offense. You would be well served to talk to an attorney about how to minimize your chance of having the first offender status revoked.

    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

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  • My child's official residence is with me but we have joint custody. My work is in CT and have asked me to come back. Can I move?

    I moved here with my ex but maintained my job in CT. My parents, sister and friends are in the NY/CT area. I have a court date to change visitation. Can my ex prevent me from moving or take my child from me? He divorced me when my son was 2.5 and ...

    Nathanael’s Answer

    In the short term it depends on the language of the divorce decree. It may be that you can move but there will likely be serious problems in terms of the transfer of the child for visitation given the long distance involved. Your moving will also be a sufficient change in circumstances to allow your ex to file for a modification of custody. If he does so then the custody/visitation arrangement will be a question for the judge and their decision should be based on determining what will be in the best interests of the child. It sounds like you are aware of some of the arguments that should be made to support giving you primary custody after the move but these issues are very fact specific. You should contact an attorney so that you can discuss more fully the facts involved and get help in deciding the best strategy for presenting your case. My firm has an office in your area and would be happy to help.

    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

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  • Can my ex-boyfriend legitimize my child?

    He was convicted of simple battery for hitting me while I was pregnant and also for harassing me. He has a previous felony conviction for forgery. If he takes me to court to get rights to try to get rights to the baby would a judge let him?

    Nathanael’s Answer

    Although they are interrelated, legitimation is separate from the determination of custody. If he is the biological father then he will likely be able to legitimate the child, but that doesn't mean he will get custody. The bottom line is that while it sounds like you have good arguments for retaining primary physical custody and limiting his visitations, no attorney can tell you what a judge will do, particularly based on the very limited information available in you request. If you want more specific advice you need to contact an attorney in your area and give them all the facts.

    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

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