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Horace Kimbrell Sawyer III

Horace Sawyer’s Answers

168 total


  • Is it guaranteed jail time for violating probation in Statesboro, GA?

    On probation in Statesboro, GA for public intoxication. Crashed car into another car in Hephzibah, GA, got a DUI, no other person was involved, just hit a powerline and ran into a parked car. The probation is the only thing on my record, first DUI.

    Horace’s Answer

    If you don't have an attorney you trust, then you need one who knows the area. I have a former law partner in Bulloch County, contact me if you want that referral, or other good criminal attorneys in town.

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  • My wife is now eligible to use her 401 k money. She wants to use some of the money to buy our retirement home. Can we do this?

    She will be cashing out the 401 to do this. It is exempt on schedule C. We have been in bankruptcy for 25 months. All payments have been on time.

    Horace’s Answer

    Have you asked your bankruptcy attorney?
    Have you checked with a tax specialist?
    It sounds to me like you can - however, something is prompting you to be cautious. Better be safe and do the above.

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  • Does a good behavior bond remain valid if the accuser attempts to contact or harass the accused and what can happen to accuser?

    Ex gf has bogus good behavior warrant on me. In a nutshell judge refused to look at evidence and issued an order simply because she asked, but refused the order I requested to stop/prevent her from what she was actually doing. I didn't pursue it, ...

    Horace’s Answer

    These things can be quite annoying can't they? You're right, and you go to court thinking its a no-brainer, then wham-O! Believe it or not, while this may seem like a 'simple' problem to many, these matters involve complex laws and interpretations, and planning and strategy. An attorney experienced in bringing down shenanigans like this would be probably be a blessing to you. If you want to take control of this, protect yourself in the future, rid yourself of a nuisance, then its time to do so. You are close by, you are welcome to call or email.

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  • How long can my husband spend in jail.?

    My husband is on probation for a felony under the influence while driving, drug charge. He recently just got out of a rehab center where he was violated by his probation officer for leaving. then he has just been arrested in a different county fo...

    Horace’s Answer

    This is a problem. He can be there a long time, for several reasons. You need a lawyer to get on the situation.
    And I see you are close by -- of course you are welcome to call my office or send an email.

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  • Taking the kids for vacation out of the states.

    I have two lil kids under 5 years old. I am divorce since last year and I have the sole custody of my kids. The father only has visitation rights. When I got the divorce I move back with my kids back to Europe , but after a year in Europe we move ...

    Horace’s Answer

    First, you need a lawyer to review your situation. Second, you need a plan for the future. Was this not in the back of your mind when you divorced? These issues need to be addressed and handled.

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  • I am 19 years old and i was wondering if i would be able to sue my father for back child support?

    I was 2 years old when my mom and father got a divorce. My mom told me that he was supposed to pay ,child support but he never did.

    Horace’s Answer

    I am sorry to hear that. While I do not know your answer, I know who does. Your county in your state will have a representative office of the department that enforces child support. Contact this public office and 'open a case' yourself. The person at the front desk probably will not be fully capable of getting to the root of your question. Be patient and polite, and try to get the situation routed to an experienced case agent, or supervisor. Be prepared to provide detailed facts quickly and efficiently. I suggest typing up a synopsis ahead of time. Hopefully this will help. You are welcome to let me know the outcome.

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  • My husband has filed for divorce in another state. Can a NC attorney help me?

    I left under great emotional duress with very few belongings. I am with family in NC and need really good representation to fight across state lines. He is seeking alimony

    Horace’s Answer

    First, you should try to hire a local attorney to analyze the situation. If you can't pay much, then tell the attorney. Looking forward, what happens in the other state may or may not matter, depending on legal analysis. Second, talk about scenarios and what you want. Just because a case is filed does not make it completely legal and binding. Husband may have misrepresented material facts on jurisdictional basis to file. Court Judgments in one state may (or may not) find their way to another state. The judgment may be subject to attack later, for example. The issue is what to do now? Get facts, analyze, plan. Your attorney can help you and if necessary help you find an appropriate attorney in other jurisdiction as well. The key is developing a plan. Now.

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  • Our flight was canceled from BNA to MIA after sitting on the tar mat for 2 hours for mechanical failure.

    Passengers were asked to disembark the plane and we were told by the airline crew and attendants in the terminal that the flight was canceled and would not be taking off nor did they have a back up plane they could use. Therefore, we missed our co...

    Horace’s Answer

    Sounds like you have two central issues: One, whether your trip insurance covers the loss; Two, the cause of you missing the flight to MIA. At this point, it can be problematic to determine facts to support causation in relation to the airline point. Bear in mind, insurance is a matter of contract, and you must consult those terms and conditions. Did you purchase the insurance from the airline itself? This raises other issues with who is making the determination of coverage or lack of, doesn't it? As I write, I am trying to guesstimate the carrier; i.e., Delta or Southwest, etc. I am very curious about the language of your trip insurance. Feel free email me if you wish. Your dilemma is an interesting puzzle, although you have my sincerest sympathy -- it really messed up your honeymoon. Suit against an airline or insurance company is not a cakewalk, but sometimes it has to be done.

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  • How can I sue the Georgia schools for neglect

    My son is 13 and he is also ADHD he has been having a hard time in school since 4th grade he just got in middle school and its like they don't want to better him he has been suspended over half of the school term and the school still over looks th...

    Horace’s Answer

    I agree with Ms. Brill. Also, suing a school is not as simple as filing a claim that might be heard by Judge Wapner. Under Georgia law, school systems probably still enjoy some form of immunity from suit. (See, "Sovereign Immunity.") There are procedural steps to take in bringing a suit against the government or one its offspring, and the government can spend virtually unlimited amounts in the defense of the case. (By the way, the money they spend is our money, yours and mine derived from taxation). There may be provisions for the recovery of attorney fees *if you win,* (often the case settles or are dismissed) but still it is an uphill battle in every sense of the word. Perhaps you can locate an attorney who will work with you as Ms. Brill suggests. The attorney need not be in your local area at all; however, I suggest meeting with some and finding one you feel comfortable with, and paying for the time. Calling around on the phone, or simply requesting a 'free' consultation does not provide a solid basis to work with a case like your situation. There must be an attorney-client relationship in order to have binding advice and loyalty to you, and that means retaining by contract. The attorney's time, study and advice have value and should be treated as such. An attorney who is willing to help you is a valuable asset indeed, and can be for life in many matters yet to come. Hope this helps!

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  • Can interest be charged on fines in ga.

    i was fined & put on probation but i am having to pay $808.00 more then my fine,court cost,plus probation fees for 12 months

    Horace’s Answer

    In addition to the above . .

    I am not aware of any Georgia statute that authorizes a court in criminal cases to impose interest on any sums which may be ordered due the court or victim under restitution, probation, fines, or otherwise, nor is there a defined amount of such interest (rate). However, that may be coming.

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