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L. Maxwell Taylor

L. Maxwell Taylor’s Answers

6,275 total

  • I am demanding reimbursement from a contractor who did a terrible job. He is accusing me extortion.

    A contractor did a terrible job in my home. I hired an expert to assess the damage. The expert documented line by line all of the mistakes that were made. I sent the expert report to the contractor and demanded a 100% refund. No response. I then s...

    L. Maxwell’s Answer

    The following information may help you assess your circumstance.

    This may or may not be the most recent version of Georgia's Theft by Extortion statute:

    -----Begin quoted text----

    O.C.G.A. 16-8-16 (2010)
    16-8-16. Theft by extortion

    (a) A person commits the offense of theft by extortion when he unlawfully obtains property of or from another person by threatening to:

    (1) Inflict bodily injury on anyone or commit any other criminal offense;

    (2) Accuse anyone of a criminal offense;

    (3) Disseminate any information tending to subject any person to hatred, contempt, or ridicule or to impair his credit or business repute;

    (4) Take or withhold action as a public official or cause an official to take or withhold action;

    (5) Bring about or continue a strike, boycott, or other collective unofficial action if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act; or

    (6) Testify or provide information or withhold testimony or information with respect to another's legal claim or defense.

    (b) In a prosecution under this Code section, the crime shall be considered as having been committed in the county in which the threat was made or received or in the county in which the property was unlawfully obtained.

    (c) It is an affirmative defense to prosecution based on paragraph (2), (3), (4), or (6) of subsection (a) of this Code section that the property obtained by threat of accusation, exposure, legal action, or other invocation of official action was honestly claimed as restitution or indemnification for harm done in the circumstance to which such accusation, exposure, legal action, or other official action relates or as compensation for property or lawful services.

    (d) A person convicted of the offense of theft by extortion shall be punished by imprisonment for not less than one nor more than ten years.

    -----end quoted text-----

    Consult Georgia counsel to obtain legal advice. I do not practice law in Georgia or hold Georgia law licensure. The foregoing is not legal advice, just general information which may be relevant to your circumstance.

    Good luck.

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  • My question is, what are the chances he will still be found guilty?

    if the main/ only witness of a domestic assault case has recanted the statement since she was threaten into giving one in the first place, but the case is going to trail

    L. Maxwell’s Answer

    The question cannot be answered in the abstract.

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  • I need Nevada licensed lawyer to file opposition to motion to quash

    I have a small claim case against a person who is a president of a company which is registered in Carson City Nevada and also all of the company officers were registered in same address in Carson City Nevada from Nevada Secretary State website a...

    L. Maxwell’s Answer

    Lawyers cannot solicit you on Avvo for ethical reasons as well as the policy of the site itself. If you want to hire a lawyer you may want to utilize the "find a lawyer" function at the top of the page, to search for lawyers that handle litigation, or you may want to call your local county or state bar association's lawyer referral service, which can refer you to someone who may be able to help.

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  • Can a minors information, statements and or testimony be used in a criminal case

    a friend is being charged with cultivating more than 25 plants of marijuana because his girlfriends child told a story in school about helping him grow medicine that can cure anything. The teacher realized it was marijuana and the school contacte...

    L. Maxwell’s Answer

    Your friend's lawyer may well move the court to rule that the police lacked probable cause to conduct a search. But the determination on that point will turn in part upon what the child said, whether consent was given to a search, or perhaps even whether the plants were in plain view of the police.

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  • Am i covered under lemon law

    I am financing a used vehicle a 2013 hyundai elantra purchased with 32000 miles on it. Factory warranty has expired. I recently noticed a tick coming from my engine. I brought it in at 76000 miles on it and they said i need a whole new engine. 520...

    L. Maxwell’s Answer

    While Hyundai cars come with a 10-year or 100K mile powertrain warranty, it appears that that warranty apparently only applies to the first owner, and if the car is transferred to a different owner the powertrain warranty caps out at 5 years or 60K miles. So evidently the powertrain warranty is not available. And everywhere that I know of lemon law only applies to new cars. Consult Minnesota counsel to help you evaluate whether you have any remedy available which would be less expensive than replacing the engine. I'm not hopeful, though.

    Not legal advice, just my two cents. I don't practice law in Minnesota or hold Minnesota licensure. Consult Minnesota counsel to obtain legal advice you can rely on. I practice in Vermont ONLY.

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  • What kind of legal repricutions am i facing?

    I was pulled over and charged with vandalism due to destruction of mailboxes. I am 17 and will be 18 in may.

    L. Maxwell’s Answer

    Vandalism of mailboxes can be a serious offense. See link below. If you have been charged with a criminal offense, contact a criminal defense lawyer to obtain legal advice and representation.

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  • Is it legal to go against a persons wish in a will?

    My friends mum and step dad both died last year. They were married and wanted to split their will between their 4 children. 2 were the mothers and 2 were the stepdads. For some reason the mother did not change her name on the will to her husbands ...

    L. Maxwell’s Answer

    Which country are you located in? US or UK?

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  • Can I make copies of a coloring book page that I bought and share the page with a Facebook group so they can print and color it?

    I am an assist administer of a Facebook Adult Coloring Group, I need to know if a member who bought a coloring book, can post and share the pages for people to save and color themselves.

    L. Maxwell’s Answer

    Sure sounds like infringement to me. The copyright owner generally has the exclusive right to make copies, unless the work is in the public domain. Someone created the drawing you purchased, and when you copy and post it, you are almost certainly infringing the rights of the copyright owner, which can subject you to civil liability and even criminal sanction. There is an exception in the law for "fair use," but what you are proposing does not seem like fair use to me. So I recommend against it, unless you secure the permission of the copyright owner in advance.

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  • Does a planted "mole" in the company have any limitations?

    I understand it's legal for employers to "plant" a certain employee as a mole to give them inside information about the other employees, etc. I watch undercover boss and know it's usually in the company's best interest. I am not a disgruntled em...

    L. Maxwell’s Answer

    If it were me, the first thing I'd do would be to password-protect my cell phone so that someone who did not know the password could not unlock the phone.

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