Stopped while walking down the road with a lady friend @ 3 AM. No sidewalk, walking on shoulder. Police demanded to know where we were going. I respond that I do not answer questions, and that I'd like to be free to go. Police demand to see ID, a...
What you describe sounds like a Tier 1 Terry stop. The PO will argue that it was a Tier 2 stop, i.e. your presence on the side of the road late at night in dark clothing (is it a high crime neighborhood? is it known to be a place where drug transactions routinely occur; have their been a lot of property crimes in that area, car break ins, burglaries, etc? You can walk away from a Tier 1; can't generally just walk away from a Tier 2.
In any event, you should first hire a criminal lawyer (if yo haven't already) and your lawyer should move to suppress the "evidence" that you were under the influence. It is certainly worth also discussing the case with an experienced civil rights attorney.See question
If I call the police because of an argument me and my live in boyfriend had and when they arrive my boyfriend is in our driveway, are they allowed to search him?
If you called the police and advised them that you were having an altercation with your boyfriend and wanted them to come, they have the right to do a pat down search of your boyfriend when they encountered him outside your residence. Your call requesting police assistance certainly gave the officers reasonable suspicion that your boyfriend had committed or was about to commit a criminal offense. Under those circumstances, they can do a pat down search for weapons for officer safety. It gets a little tricky if they start reaching into his pockets.See question
I went into a popular office store to print out emails that contained pictures for an upcoming custody hearing..unknowingly when she printed off my emails she appeared to close down my email yet really kept me logged on..I had no idea she knew my ...
Are you represented by an attorney in your divorce proceeding? I would start there. As far as the invasion of privacy claim is concerned, the employee would have been acting outside the scope of her employment when she accessed your email account without your permission. If you contacted the store and informed them of what she did, I'm quite sure they would fire her on the spot. If I'm right that she would be deemed to have acted outside the scope of her employment (she certainly didn't have her employer's permission to "hack" your email), then you would not have a claim against the store.See question
We have an exchange student living with us and enrolled at a local college. He is now 18 years old and will continue to live with us for the forseable future. He is currently on our insurance policy which is expensive due to the high liability lim...
If he is driving one of your cars with your permission, it is conceivable that you could be sued.
If he is driving his own car with his own insurance, you could not be sued. If your kids are traveling with him in the car, he gets in an accident, your kids are injured, you could actually bring a claim against him and, if the value of the claim exceeded his policy limits, potentially bring a claim against your own insurance for UM coverage.See question
I was in a car accident Sept. 2013, I was hit by an uninsured motorist. I have bills, loss wages, child care, etc. totaling up to 12,000.In my demand I asked for 25, 000. they offered 7000. 2nd offer they offered 8700. My last 7 conversations with...
You should hire a lawyer who routinely handles personal injury matters. It sounds like you suffered a significant injury. Allstate is your insurer. You've been paying premiums to them for underinsured motorist coverage. Nonetheless, they are notorious for refusing to pay full value of a claim.
You may have more than $25k in UM coverage. If you own more than one vehicle and insure them on separate policies, those policies may "stack" to offer you more coverage. It is not true that "the law" only requires them to pay 80% of lost wages.
As to your "bad faith" question, you would have to make a demand for policy limits. If they reject that demand, you file suit and a jury returns a verdict in excess of policy limits, you would then be able to bring a bad faith claim. I can absolutely guarantee you that the only way you will get Allstate to pay you what your claim may be worth is to sue them.
We had a case a few years ago with a client who was very seriously injured in a car accident. The other driver's insurance paid policy limits of $100k. Our client had a $1M umbrella policy with Allstate. They refused to discuss settlement. We went to court and a jury returned a verdict of $954,000.00.See question
Landed on both hands and knee jacked my hip up 15 mm in a lot of pain ,back ,knee and wrist,what should I do? I am going to a chiropractor now.
You may have a claim for a "trip and fall" against the owner of the parking lot and/or the company responsible for maintaining it. However, lighting is only part of the issue and not the most significant one. You would have to show that the parking block was a hazardous condition, i.e. it was somewhere you wouldn't expect it to be, it was bigger or marked differently than ADA regulations require, etc. You would also have to show that the defendant had greater knowledge of the hazard than you did.
Generally speaking, if you are only receiving treatment from a chiropractor, you may have trouble finding a lawyer who is willing to help you. If you are seriously injured, you should seek treatment from a doctor.See question
The Sheriff Deputy just told my brother he couldn't come back to the county until his court date but nothing was signed or given to him. He did go back into the county and is now being charged with being in the county
Based upon the limited information you have provided, the situation you described does not make much sense. A deputy sheriff (or any other law enforcement official) does not have authority to "ban" any individual from a county. "Banishment" from a county or particular geographic area may be a condition of a criminal sentence entered by a court.
I suspect there is more to this situation. If you need further assistance, you should contact either a Georgia civil rights or criminal attorney listed on AVVO.comSee question
I was the victim of excessive use of force by the sheriff
Without more information, it is not possible to provide you with a meaningful response. I do practice in this area of the law, so I will try to provide you with some general information. If the use of force occurred during the course of an arrest, your claim would arise under the 4th Amendment. The standard would be whether an objectively reasonable officer confronting the same circumstances would believe that the force used was necessary to accomplish a lawful purpose. Factors relevant to that analysis would include the severity of the crime at issue; whether you were attempting to escape; and the level of threat/force that the officer was confronting.
The officer(s) involved are entitled to raise the defense of qualified immunity. Assuming you can establish a constitutional violation (see above) they would still be immune from suit unless pre-existing law gave them fair warning that their conduct violated the constitution. Finally, Georgia sheriff's are immune from suit in federal court in their official capacity because they are considered state officials under applicable circuit precedent.
As you may gather from this response, civil rights claims are unique and complex. You should only consider hiring an experienced civil rights attorney who has successfully represented individuals against the police in the past.See question
in 2007 I was arrested and incarcerated and then released 48 days later. I have proof of this. a lot of proof. numerous emails from a probation officer that got fired for bringing it to he boards attention that I was in fact not suppose to be ther...
I have handled a number of cases similar to the one you describe. If this occurred in 2007, it is virtually certain that you have missed the statute of limitations to bring a cause of action under either State or Federal law.
Often, the judicial system contracts with a private company to offer probation services if the underlying matter was a misdemeanor. You had 2 years to file a lawsuit against that company. If the underlying matter involved a felony, probation is run through the State Department of Corrections. You had one year to file an Ante Litem Notice under the Georgia Tort Claims Act.
If the error was made by a clerk employed by a County or Municipality, you may well have had a claim for breach of a ministerial duty but that claim was also subject to a two year statute of limitations. If you had a claim against the County (unlikely given sovereign immunity) or the City (possible if they purchased liability insurance), you had to file an Ante Litem Notice within 12 months (County) or 6 months (City).
Finallly, your federal civil rights claims, if any, were also subject to a two year statute of limitations.
These statutes of limitation began running when the claim "accrued" i.e. became actionable. That day likely was the date you were arrested.See question
I have unveiled the largest conspiracy in the state of Georgia in which my PI attorney was not only representing me, but also representing my employer. Isn't this a conflict of interest? I have endured ongoing harassment, defamation, misrepresenta...
As you describe it, representing two clients with adverse interests, even if representation of the employer is not in a current matter, could be a violation of the Rules of Professional Conduct. It may be a conflict that can be waived, but notice must be given to both clients. I hasten to add that the situation you describe seems pretty far fetched; you should be 100% sure you've got your facts straight before you make such an allegation against a lawyer or firm. If you have those facts, you should terminate the firm's representation and file a complaint with the State Bar of Georgia. They will investigate your complaint and determine whether any violation of the Rules occurred.See question