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Georgia Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Litigation and Constitutional Law for Georgia on
Q: Can I get my money back if it was seized and I never received any notice of seizure about it ever. My lawyer originallly

Said we would settle for half because he knew the lady in charge of that. But the trial came and we were never spoke on it. $17,500 in Dekalb County I was pulled over in a car. I had nothing on me accept cash a friend had a couple grams of coke on him they later got a warrant and found a couple... View More

James L. Arrasmith
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answered on Apr 14, 2024

Based on the information you provided, it seems that the authorities seized your money ($17,500) during a traffic stop and subsequent search of your home, which led to drug-related charges and a conviction. If the authorities did not follow proper legal procedures regarding the seizure and... View More

2 Answers | Asked in Criminal Law and Constitutional Law for Georgia on
Q: Does jeopardy attaches in any trial after all evidence has been submitted and that trial declared a hung jury?
James L. Arrasmith
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answered on Apr 5, 2024

No, jeopardy does not attach in a trial that ends with a hung jury, even after all evidence has been submitted. Here's why:

Jeopardy attaches in a jury trial when the jury is empaneled and sworn in. This means that once the jury is selected and sworn, the defendant is considered to be...
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2 Answers | Asked in Criminal Law and Constitutional Law for Georgia on
Q: can a judge deny dismissal of your case even though the warrant was served illegally "NO NO KNOCK WARRANT)?

I filed a motion to dismiss my case and suppress the evidence because the warrant was served illegally because the officers did not have a "No knock" warrant thus making the search illegal. The judge denied my motion to suppress and denied the dismissal of my case.

James L. Arrasmith
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answered on Apr 5, 2024

In the United States, a judge has the discretion to deny a motion to dismiss a case or suppress evidence, even if the defendant argues that the search warrant was executed illegally due to the lack of a "no-knock" provision. The judge's decision will depend on the specific facts and... View More

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2 Answers | Asked in Criminal Law and Constitutional Law for Georgia on
Q: can a judge deny dismissal of your case even though the warrant was served illegally "NO NO KNOCK WARRANT)?

I filed a motion to dismiss my case and suppress the evidence because the warrant was served illegally because the officers did not have a "No knock" warrant thus making the search illegal. The judge denied my motion to suppress and denied the dismissal of my case.

Glenn T. Stern
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answered on Apr 5, 2024

It sounds like from what you described that the police did have a valid warrant, but that it was executed without knocking. It's really not possible for an attorney to figure out what exactly happened here without more information. There may have been circumstances that allowed the police to... View More

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1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: If you get arrested for the charge you was pulled over for but you have the warning ticket, is he in violation for lie

It was a brake light out, I was arrested for obstruction because I kept telling him no to a search, he got dog to sniff, found nothing in my car, but on me, in my purse. I then found out I was arrested for a brake light, but I have a warning ticket

James L. Arrasmith
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answered on Mar 31, 2024

If you were initially stopped for a brake light issue and received a warning, but were later arrested for obstruction during that same encounter, the situation seems complex. It's important to understand that law enforcement officers can conduct searches under certain circumstances, and... View More

1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: If you get arrested for the charge you was pulled over for but you have the warning ticket, is he in violation for lie

It was a brake light out, I was arrested for obstruction because I kept telling him no to a search, he got dog to sniff, found nothing in my car, but on me, in my purse. I then found out I was arrested for a brake light, but I have a warning ticket

James L. Arrasmith
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answered on Mar 31, 2024

If you were initially stopped for a brake light issue and received a warning, but were later arrested for obstruction during that same encounter, the situation seems complex. It's important to understand that law enforcement officers can conduct searches under certain circumstances, and... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: If it is first time in trouble and get a trafficking charge of Meth does Ga offer rehabilitation instead of prison?
Glenn T. Stern
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answered on Mar 31, 2024

Trafficking in methamphetamine carries a mandatory minimum prison sentence. That means the judge must sentence the person convicted to serve at least a certain amount of time, depending on the amount of methamphetamine. The minimum starts at 10 years, and goes up to 25 years.

The way to...
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1 Answer | Asked in Criminal Law and Municipal Law for Georgia on
Q: if you open the door for a officer, is it their right to cover your ring camera without permission?

I was told by an officer, they only cover the ring camera when a person doesn’t open the door for an officer. My ring camera was not covered at the time, but as the search went on the camera was covered .

Serge Jerome Jr.
Serge Jerome Jr.
answered on Mar 29, 2024

That's tampering with evidence and is illegal. You can sue the for a civil rights violation, though your judgment would be nominal without other damages and you can file a motion to suppress any evidence obtained as a result of the search.

1 Answer | Asked in Criminal Law for Georgia on
Q: If a probation officer comes to your house, without a probation warrant is that lawful? or unlawful?

Also, if one of the officers covers your ring camera without your permission is that lawful?

Brandon Alexander Thomas
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Brandon Alexander Thomas
answered on Mar 28, 2024

Probation can come at any time and search your house or car without a warrant. When you are on probation, you have a 4th amendment waiver, so you have waived your rights to searches without a warrant. If they find anything illegal during the search, you are likely to be arrested and charged with a... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Georgia on
Q: I need a civil rights attorney who practices in police and federal corruption cases against public officials.

I have an entire Municipality and County conspiring against me trying to cover up a cops tyrant behaviors.

My vehicle was illegally stopped; illegally pulled from my vehicle, illegally detained and my vehicle was illegally searched.

This officer never found anything nor had any... View More

James L. Arrasmith
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answered on Mar 28, 2024

In your search for legal assistance with your civil rights case, focusing on finding an attorney with a strong background in handling police misconduct and corruption cases is crucial. Given the complexity of your situation, involving multiple layers of government and various legal infringements,... View More

2 Answers | Asked in Child Custody, Criminal Law, Federal Crimes and Family Law for Georgia on
Q: Can I get full custody of my 3 year old daughter if the mother is taking, selling and manufacturing drugs?

She also has untreated mental health issues because of drug use bipolar disorder and ptsd.

James L. Arrasmith
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answered on Mar 8, 2024

If you are concerned about your daughter's safety and well-being due to the mother's involvement in drug-related activities and untreated mental health issues, you might have grounds to seek full custody. Courts generally prioritize the child's best interests when making custody... View More

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2 Answers | Asked in Child Custody, Criminal Law, Federal Crimes and Family Law for Georgia on
Q: Can I get full custody of my 3 year old daughter if the mother is taking, selling and manufacturing drugs?

She also has untreated mental health issues because of drug use bipolar disorder and ptsd.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 13, 2024

You will need to file for sole legal and physical custody in court and to assert your rights as the legal father and not just the biological father. The mother will need to be properly served so that she has notice and opportunity to be heard and the case can move forward.

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1 Answer | Asked in Contracts, Criminal Law, Civil Litigation and Civil Rights for Georgia on
Q: got scammed by electrician - need an advise

I am using LLC to renovate an investment house.

I got scammed by electrician , he is a convicted felon, and he was unable to provide certificate to complete the city inspection as agreed with him.

Since he has financial issues, he asked me to sent the funds for this work to his... View More

James L. Arrasmith
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answered on Mar 6, 2024

When dealing with a situation where you feel scammed, it's understandable to explore all options to recover your funds. In your case, the complicating factor is that the payment was made to the electrician's girlfriend, not directly to the electrician himself. However, if you have a... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: Buddy of mine admitted guilt while under the influence. Does this still hold up or can he argue that he was too impaired

He was charged with minor consumption and public disturbance charges.

Glenn T. Stern
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answered on Feb 26, 2024

I'm not sure that "I was under the influence when I admitted guilt" is a winning defense for a "minor under the influence" or a "public disturbance" charge. If you're arguing that you are too intoxicated to be believed at the time you made the confession-why... View More

1 Answer | Asked in Criminal Law, Family Law, Civil Litigation, Civil Rights and Communications Law for Georgia on
Q: The school says they have a vm left by my teen from her friend's phone to another teen, can I legally listen to it?

The call was said to happen on the weekend. Name calling and "go kill yourself" was alledgedly said.

James L. Arrasmith
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answered on Feb 26, 2024

In general, accessing or listening to someone else's voicemail without their consent may not be legal and could potentially violate privacy laws. However, laws regarding consent and privacy can vary depending on your location and the specific circumstances of the situation. It's important... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: What is the statue of limitations for aggravated assault and battery that happened in 2016?

I defended myself against a shooter but was wrongfully charged after what can I do?

James L. Arrasmith
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answered on Feb 25, 2024

The statute of limitations for aggravated assault and battery varies by state in the United States. Generally, for serious felonies like aggravated assault, the statute of limitations can range from a few years to no limit at all, meaning charges can be filed at any time. If the incident happened... View More

1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: if a body camera footage is over 30 months old can someone get access too it without the witness consent

because i need too know if that’s possible

James L. Arrasmith
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answered on Feb 24, 2024

Access to body camera footage generally depends on various factors, including the policies of the law enforcement agency that recorded the footage and applicable laws in the jurisdiction. In some cases, access to footage may be restricted to authorized personnel or individuals directly involved in... View More

1 Answer | Asked in Criminal Law, Civil Rights and Libel & Slander for Georgia on
Q: If someone is the passenger in the car are the cops aloud to pull the passenger out n male cop pat the passenger down?

Mind you they didn't speak to the driver till the passenger was already told to get out then a male cop patted her down then went up to the driver's side an told the driver they pulled the car over for a third break light

James L. Arrasmith
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answered on Feb 24, 2024

If you were a passenger in a car that was pulled over by the police, the officers typically have the authority to ask you to step out of the vehicle for safety reasons. However, whether they can pat you down depends on the circumstances. Generally, if the officers have reasonable suspicion to... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: OKI was charged with the Midemeanor, interference with government property.

I didn't break in no building crossno fences. Seen no Government property markings. Didn't tear up defaced or destroy anything. So how could this be?

James L. Arrasmith
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answered on Feb 23, 2024

It sounds like you're facing a confusing situation with the charge of interference with government property. Despite not breaking into any buildings, crossing fences, or seeing any markings indicating government property, you've been charged with this offense. It's important to... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Georgia on
Q: I got arrested for reckless driving the police took my phone without letting me know and havent given it back

Me and family members been calling since last week he isnt answering even the bail bondsman said he didn't suppose to take it cause how do I contact the bondsman without it Lagrange police department officer Wright is his name

James L. Arrasmith
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answered on Feb 22, 2024

Here are a few key things to know in this situation:

1. The police generally need a warrant to seize and search cell phones or other electronics during an arrest. There are limited exceptions, but it does not sound applicable here for a reckless driving offense.

2. The improper...
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