cobb county

[hugs]

It amazes me.....

if you hire someone to work on your house, and they purposefully and with intent burn it to the ground... and even if you can PROVE that; you can't press criminal charges.

However; if you leave your garbage can by the curb for more than 12 hours you could face jail time.

Comments

[dwivian]

nonsense -- if someone burns down your house, intentionally, and without your consent, they are in violation of OCGA 16-7-60. If you can prove it, you have a criminal charge. Title 16 is for criminal code. Chapter 7 is for damage to property. Section 60 is in Article 3, which is the section on arson.

As to the garbage can -- you'd have to show me the ordinance on that one. I've not been able to find any limitations on garbage can location. What your homeowner's association says may differ, but that's not the law, that's civil contract.

[hugs]

See, that's where you would be wrong.

I had $35,000 worth of damage done to my house. Just two months ago I talked to an officer, an inspector and then stood before a judge and was told the same thing. If you sign a contract with a contractor, it doesn't matter what they are supposed to do or what they do. It doesn't matter if they do it on purpose or by accident. Even if they burn your entire house down because you signed a contract you cannot press criminal charges, it's civil court only.

according to the warning I just got I have violated code 102-18. by leaving the trash can out for more than 12 hours. I have also violated code 102-92 for littering because there were 2 news papers that someone else threw into my yard which I don't read or want and have asked them to stop doing.

if you don't believe me you are welcome to call Inspector K. Wakefield at 770-528-2031 and ask her about it.

[dwivian]

I'm not wrong that HOA regs are not the law. As to the others

[tgrey]

While IANAL (nor bothered to research at this point), this sounds the most in line with how I understand it too... any btw, copy+paste is not always the best solution... especially when it doesn't actually address any of the suggestions/ideas in the comment(s) presented.

[dwivian]

Not sure what you mean -- I addressed his points directly. The c+p was to show the text of the statute for arson3, relating to the original text. Arson1 is much the same, but this is the easier charge to make stick.

I've been debating with hugme for years. Both of us prefer to have references to help make things clear.

[tgrey]

Pssst.... I'm agreeing with you. ;)

I was talking about *HIS* c+p of the same retort three times. Is he really addressing people's comments and suggestions with that?

[dwivian]

Ah... thought you were against my cite of the OCGA (which was far easier to find than the code of cobb county!)... ah, well. It's late... :)

[cor256]

To add to that (only sorta) it really is hard to even debate since we dont have a copy of the contract. I assume (I know, I shouldnt) that he brought the contract w/ him talking to the authorities. I wonder if they saw something in there that releases the contractor of liability on whatever level.

[dwivian]

Alas, that isn't possible versus criminal activity -- you can't contract to break the law, nor can you contract to be immune to the law, except with the court. A contract between civil entities can't change that. I can't write up a contract allowing me to rape someone at will, even if they sign it at first. I can't write up contract that binds someone to slavery, even if they agree to it. I can't agree to kill, or steal, or defraud, because no contract can supercede criminal law.

[hugs]

Funny that YOU know that but a judge who works on this stuff every day as a job doesn't...

[dwivian]

Or that someone appearing before the judge may not have understood what was said...

[hugs]

I sat with him for 20 minutes... asked tons of questions... yeah, I understood everything...

Wow, you will go through any outlet to not have to admit that you're wrong won't you.

[dwivian]

Took some time to talk with the court. Talked to prosecutors office, office of code enforcement, sheriff's office, etc

[hugs]

Who did you talk to? I would be glad to give them a call and ask who else I should go and see.

I talked to the judge who tries these cases in Cobb County for an hour. No, I didn't leave anything out. I presented it just like I presented it to the judge.

[hugs]

It doesn't matter what the contract said.

The judge didn't want to see the contract, HE said it didn't matter. Because I hired the guy as a contractor he wouldn't try it and said it was a civil matter, NOT a criminal one.

[hugs]

It doesn't matter what you look up.

When it happens, you go in front of the judge during pre-trial. Not even a trial yet. You tell them what happened. The judge will say "it doesn't matter what happened, what they did to your house or why. If they are a contractor it's considered bad work and it has to go to civil court. You can't press criminal charges."

I have been through this... I don't give a rats ass what you think you found or what you think it says on the internet. I was sitting in front of the Cobb county judge when he told me those words. He refused to even open it as a trial because the guy was a contractor... it's civil court only.