Nathanael Adamson Horsley’s Answers

Nathanael Adamson Horsley

Dawsonville Criminal Defense Attorney.

Contributor Level 10
  1. Arrested and questioned without being read my Miranda Rights

    Answered over 4 years ago.

    1. Nathanael Adamson Horsley
    1 lawyer 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...

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

    Answered over 4 years ago.

    1. Nathanael Adamson Horsley
    1 lawyer 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...

  3. 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?

    Answered over 4 years ago.

    1. Nathanael Adamson Horsley
    1 lawyer 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...

  4. Can my ex-boyfriend legitimize my child?

    Answered over 4 years ago.

    1. Nathanael Adamson Horsley
    1 lawyer 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...

  5. Is there a special form i need to answer to a contempt summons in a divorce order?

    Answered over 4 years ago.

    1. Shea Evans Roberts
    2. Nathanael Adamson Horsley
    3. Jessica Handley Frost
    3 lawyer answers

    It is helpful to have the answer in a form the court is familiar with, but the form is less important than answering each allegation and asserting the correct defenses. The basic defenses to a contempt action are: 1.You acted in accordance with the order 2. The order was not sufficiently specific or particular so as to inform you of exactly what you had to do 3. Any failure to abide by the order was not willful and intentional. Beyond that there may be equitable issues that would justify...

  6. If you get arrested for a crime and get out on bond, and later you get arrested again can you get another bond?

    Answered over 4 years ago.

    1. Nathanael Adamson Horsley
    2. Lee William Fitzpatrick
    2 lawyer answers

    Theoretically yes, and this is fairly common in some areas when a person is accused of different misdemeanors and less severe felony offenses. However, the risk to the community and the risk to commit future felonies are factors that the courts take into consideration in deciding whether to set a bond. So getting arrested for a new offense while a criminal case is pending can lead to the denial of the a bond for the second offense and potentially revocation of the bond on the first offense....

  7. My husband received a letter from the courts a few months ago stating that his then 11yr old son has been emancipated and he

    Answered over 4 years ago.

    1. Nathanael Adamson Horsley
    1 lawyer answer

    You are describing an unusual set of facts. It would also be wise to contact the clerk of courts in the other state and have them send copies of any paperwork that has been filed regarding your husband's son. Your husband should then take all the paperwork to an attorney so they can see exactly what is going on and give him specific advice. It may be that he is no longer required to pay child support, other than the arrears, going forward but as non-payment can have significant consequences...

  8. Have a case on simple assault with no threats or physical harm

    Answered over 4 years ago.

    1. Talal B. Ghosheh
    2. Nathanael Adamson Horsley
    3 lawyer answers

    Sounds like you have two issues here, the argument with your wife and the obstruction charge for "lack of cooperation". Of the two the obstruction charge may be your bigger concern, as it's unclear from your question whether you were ever charged with an assault or domestic violence charge. Either way you would be well served to give my office a call or at least talk to some attorney and tell them all the facts of the case so they can give you specific advice. Officers do have the ability to...

  9. I got a ticket going 79 in a 55 in cobb,Ga im 18 and bout to leave for the military should i be worried and how much will it be

    Answered over 4 years ago.

    1. Nathanael Adamson Horsley
    1 lawyer answer

    You would be well served to deal with this before you leave. You don't want to risk having a bench warrant waiting for you when you get back, or even theoretically effecting your status. You can either contact the court where this is happening to get an amount to pay or contact an attorney and fill them in on the specifics. Often an attorney can get a reduction in the alleged speed that will save you on the fine amount or at least save you points on your license. This answer is provided...

  10. What is the punishment for violating probation with a charge of disorderly conduct

    Answered over 4 years ago.

    1. Nathanael Adamson Horsley
    1 lawyer answer

    If they can prove you committed a new offense and since it sounds like you have less than 12 months left theoretically they can revoke the balance of your probation, but more likely they would only revoke a portion. There is no set sentence for probation violations, the exact penalty will depend on where this is taking place, the probation officer, the DA, and the judge involved. You should contact a lawyer in the area where this is happening and let them know all the facts so they can give...