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Nathanael Adamson Horsley
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Nathanael Horsley’s Answers

68 total


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

    i failed to refinance the house to get it out of my ex spouses name before it went into foreclosure and now its on both of our credit report. My ex failed to make the court ordered repairs and i couldn't afford to pay all the fees involved. now i'...

    Nathanael’s Answer

    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 failure to find a person in contempt such as the doctrines of laches or unclean hands in that the other person waited to long to enforce or that they had acted wrongly such that it would be unfair to hold you in contempt. An attorney is most helpful in knowing what legal defenses to assert and in presenting the evidence at the hearing in way that is in accordance with the rules of evidence. It doesn't help you if you have good evidence, but aren't allowed to present it because of problems with authentication and hearsay.

    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 sister was arrested for four counts of burglary.she is being charged with driving the get away car. she confessed she knew,

    but she is severely bi-polar and manic depresive can this help her and how?

    Nathanael’s Answer

    Possibly; in order for a statement to be admissible it must not be made under any threat of punishment or hope of benefit, and if the person is under arrest and being questioned, then the person must make a knowing and voluntary waiver of their Miranda rights. There is case law indicating that whether a waiver is knowing and voluntary can be effected by severe mental conditions. However, there are many factors that would go into such an argument. Your sister should contact an attorney and make them aware of all the facts so they can know how to best defend her.

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

    Well someone got arrested and then was released on bond. And later get arrested again can they recieve another bond before going to court for the first case that they were arrested for

    Nathanael’s Answer

    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. Bottom line, you need to talk to an attorney and give them all the facts so they can better advise you on the specific steps that should be taken to get a bond, avoid problems with the first bond, and otherwise defend the person who is accused of crimes.

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

    only has to pay what he owes in arrears. His son has lived in another state for more than 2yrs now, we don't know exactly where. Is this something that the custodial parent could have requested or could this have something to do with inconsistent ...

    Nathanael’s 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 he should be careful and get clear advice from an attorney who is familiar with all the facts of the case.

    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.

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  • Advice on shoplifting my second offense

    i was caught shoplifting 2006 at walmart paid fines and let go that was in TN i got caught again in GA couple weeks ago for shoplifting so now this is my second offense.can they used the first time on me even though it was in a different state? an...

    Nathanael’s Answer

    Well the first thing you do is not make statements about what you did or didn't do on a public site on the internet that later could be used against you in a court of law. You may have been accused of something but you are innocent until proven guilty in this country. The possible sentence you are facing depends on the circumstances of the crime, your background, and any number of other factors including the specific judge and prosecutor involved. It sounds like you would be well served hiring an attorney. I don't know anything about the person you've talked to, but as you implied, sometimes you get what you pay for. That being said, if you are just looking for someone to negotiate a plea then that will often cost less than if you are planning on fighting the charge. Bottom line, shop around until you find someone you feel comfortable with. This site is a good place to start as there are a number of qualified attorney's to be found here.

    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.

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

    Wife called police out of frustration during argument. Police decided to charge me based on lack of cooperation with them. Wife does not plan to charge but not sure how to proceed with the courts

    Nathanael’s Answer

    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 direct people to take certain actions and your failure to obey lawful commands can serve as the basis for an obstruction charge. That being said, all too often we see officers give unlawful commands or take mere verbal resistance as a failure to obey. Bottom line, you may have a case but you likely need an attorney to best advise you how to maximize your chance of success.

    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.

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  • 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

    ?

    Nathanael’s 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 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.

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

    on probation for a possession of marijuana charge violated previously with a dui

    Nathanael’s 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 you specific advice about how to minimize the impact.

    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.

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  • How long does a person have to be in prison before they come up for parole?

    the person i am referring to has been sentenced to 10 years(without parole).though he was only 15 when the crime happend.

    Nathanael’s Answer

    The answer depends very heavily on the specific charge involved, the sentence, and the background of the person sentenced. If the charge is not parole eligible, and you indicate that it is, then they will serve the entire sentence. More specific information could be obtained by speaking with an attorney and giving them all the facts, or by visiting the website for the Georgia State Board of Pardons and Paroles at http://www.pap.state.ga.us/opencms/opencms/ .

    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.

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  • Can a State make one party of a marriage pay for a debt in total, when both parties names are on the debt?

    My wife and I have been separated for over two years, and we owe a back debt to the state of Georgia. There is now a debt collector trying to collect this debt. The debt is in both our names Mr. John Doe & Mrs Jane Doe. The debt doesn't say Mr OR...

    Nathanael’s Answer

    Theoretically yes, the State can make one party pay the whole debt. There may be limits on this depending on the specific circumstances involved so you would be wise to talk to a lawyer and give them all the facts. There are also steps you may be able to take to limit your exposure, such as having a court order how the debt would be handled in the context of a divorce or legal separation proceeding.

    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.

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