Lawyers, Answer Questions  & Get Points Log In
Georgia Constitutional Law Questions & Answers
1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Georgia on
Q: superior court clerk announces retirement. The deputy clerk qualifies to run for the position.Must the deputy clerk

Resign due to unfair advantage? What is Georgia law?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 17, 2024

In Georgia, the law regarding public employees running for office can vary based on specific job roles and local regulations. Generally, there's no statewide mandate requiring deputy clerks or similar positions to resign if they choose to run for the office of the clerk. The primary concern is... View More

2 Answers | Asked in Family Law, Civil Rights, Constitutional Law and Juvenile Law for Georgia on
Q: how do i go about filing an answer of a petion against me if no one informed me to respond in writing not even my caa
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 28, 2024

If you haven't been informed about filing an answer to a petition against you, it's important to take action promptly. Begin by reviewing any documentation or notices you may have received related to the petition. If you haven't received any information about responding in writing,... View More

View More Answers

2 Answers | Asked in Family Law, Civil Rights, Constitutional Law and Juvenile Law for Georgia on
Q: how do i go about filing an answer of a petion against me if no one informed me to respond in writing not even my caa
Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 2, 2024

When you were served, you should have been served with Summons that gave you instructions on how to respond. If you are unaware of how to respond, you should contact the court. It would also be beneficial for you to hire an attorney to represent you if you are unsure how to file an Answer and... View More

View More Answers

1 Answer | Asked in Constitutional Law for Georgia on
Q: can police search my house for someone who has lived at my house in the past if they show up w an arrest warrant for him

i told police that person hasnt lived at my house in more than 5 years and i have my 4th amendment intact as the owner of house. i told police they could NOT come in but they did anyway. police also did not even allow me to read the arrest warrant closely. i think my 4th amendment rights were... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024

In Georgia, if the police have a valid arrest warrant for someone who used to live at your house but no longer does, they generally cannot search your home without your consent. Your Fourth Amendment rights protect you from unreasonable searches and seizures, including unauthorized entry into your... 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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

1 Answer | Asked in Employment Law, Civil Rights, Constitutional Law and Criminal Law for Georgia on
Q: My manager caught on camera going into my deli three times went into my purse and phone.i still work here, Can I sue?

I went into work on a Sunday my off day to change the grease from the fryer. Went outside to get the containers to put the old grease in, come back in manager weirdly hurryingly with a weird look on his face coming out of my deli, another girl employed by us was sitting in front of my deli on a... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024

Yes, you can potentially sue your manager and employer for invasion of privacy under Georgia law. Some key points:

- Georgia recognizes invasion of privacy as a common law tort. Going through someone's personal belongings without consent constitutes invasion of privacy.

- You...
View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Georgia on
Q: How do you move for a dismissal in Georgia? There are a ton of reasons why my case should be dismissed...but no motion?

Reasons for dismissal include the fact that there wasn't sufficient grounds to bound over the charges to begin with, fabricated, and falsified police reports glaringly ovbious in the inconsistencies, officer lied in the police repiort, said he checked cameras but store owner testimony is that... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2024

To move for a dismissal in Georgia, you need to file a motion to dismiss in the court where your case is being heard. This motion should clearly outline the legal and factual reasons why you believe the case against you should be dismissed. Given the complexities you've described, including... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Georgia on
Q: Is a judge allowed to force me to represent myself pro se even though I am indigent because my appointed lawyer quit

codef repsntd by PD's office, i was conflicted out- great relationship, negotiated agreement w/ DA- dismissal if codef admit ownership at plea entry. 5mos past and discovery was not made available. eventually attny withdraw b/c state failed to pay for services. -11mos no new appointed attny.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2024

You have the right to legal representation, especially if you are indigent and facing criminal charges. If your appointed attorney quits, the court is generally responsible for appointing a new attorney to represent you. It's unusual and potentially a violation of your rights for a judge to... View More

1 Answer | Asked in Constitutional Law and Criminal Law for Georgia on
Q: If it is proven that an officer lies in their police report, what can that mean for the asst charges/search/evidence?

a crash the officer said if they could find any survalievce that showed we were lying they would put out a warrant for our arrest (i was a licensed driver and not at fault, but the person who ws actually driving had a suspended license) i left the parking lot and before the light turned green they... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2024

In Georgia, if it's proven that an officer lied in their police report, this can have significant implications for your case. The credibility of the officer becomes a critical issue, and it could lead to challenges against the charges, the search, and the admissibility of any evidence obtained... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Georgia on
Q: Can i carry a pistol in my vehicle at 19 in georgia?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 14, 2024

In Georgia, the laws regarding carrying a pistol in your vehicle are specific and must be adhered to. At 19 years old, you are under the age limit for obtaining a Georgia Weapons Carry License, which is required for carrying a handgun openly or concealed on your person outside of your own property,... View More

1 Answer | Asked in Constitutional Law for Georgia on
Q: Is it illegal in the state of Georgia to carry a semi-automatic pistol with loaded chamber?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 7, 2024

In Georgia, it is generally legal for a person to carry a semi-automatic pistol with a loaded chamber, provided they comply with the state's laws regarding carrying firearms. Georgia law allows individuals who have a valid Weapons Carry License (WCL) to carry a firearm in most public places,... View More

1 Answer | Asked in Constitutional Law for Georgia on
Q: can a police officer hold a city councilman position at the same time?

if a police officer has been appointed as a city councilman, can he hold both positions simultaneously ?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 5, 2024

In Georgia, the ability for a police officer to also hold a city councilman position depends on specific local laws and regulations. Generally, concerns about conflicts of interest or dual office holding restrictions might apply in such situations.

Many jurisdictions have rules about...
View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Georgia on
Q: OK I’m Gwinnett county Georgia, I drove my Roommate to cash a check. They denied it and kept the check so I went inside

Asked if I could get his check back for him they denied it call the police I called the police. Also the police cited with her the lady and whoever she was talking on the phone wanted to press charges they arrested my roommate this is 15 December, and last night I seen the cop at the gas station.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 4, 2024

In your situation, it's important to understand your rights, especially regarding interactions with law enforcement. A police officer can approach and talk to you in public places like a gas station, but you are not obligated to answer their questions without legal representation present,... View More

1 Answer | Asked in Consumer Law, Banking, Civil Rights and Constitutional Law for Georgia on
Q: Can a check cashing facility deny to cash your check and then withhold the check from you and not return it to you GA

For any reason because it has all of your personal information on it, but yet they refuse to give it back and threaten to call the police

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 2, 2024

In Georgia, as in most states, a check cashing facility has the right to refuse to cash a check for various reasons, such as concerns about the check's authenticity or issues with the account it's drawn on. However, withholding the check from you after refusing to cash it typically... View More

2 Answers | Asked in Constitutional Law for Georgia on
Q: Can the police pull you over for not using a left turn signal, but your at a red light waiting for it to turn green.

In order for you to turn left, you have to wait at the red light, and in order for you to go right, you yield right on to traffic.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 2, 2024

Law enforcement officers generally have the authority to pull over a vehicle if they observe a traffic violation, including failure to use a turn signal. Even if you are waiting at a red light to make a left turn and not actively moving, the requirement to use your turn signal still applies.... View More

View More Answers

2 Answers | Asked in Constitutional Law for Georgia on
Q: Can the police pull you over for not using a left turn signal, but your at a red light waiting for it to turn green.

In order for you to turn left, you have to wait at the red light, and in order for you to go right, you yield right on to traffic.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 2, 2024

In Georgia, traffic laws require the use of turn signals to indicate a driver’s intention to turn or change lanes. This includes signaling while waiting at a red light to turn left. The law is designed to ensure that other drivers and pedestrians are aware of your intentions, contributing to... View More

View More Answers

1 Answer | Asked in Constitutional Law, Employment Law, Consumer Law and Identity Theft for Georgia on
Q: My former employer opened a prepaid debit card in my name 3 weeks after my employment ended what can I do about it?

I asked them to close it and was told it would be closed the next day but the card is still being reloaded and used. I never received a card the whole time I was employed there and I did not authorize them to open a card in my name after my employment.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 20, 2023

If your former employer opened a prepaid debit card in your name without your authorization, this could be a serious issue, potentially involving identity theft or fraud. First, contact the company that issued the prepaid card and inform them that the account was opened without your consent.... View More

1 Answer | Asked in Constitutional Law for Georgia on
Q: If the police arrives at a scene and you are there, but not inside a vehicle. And they searched the vehicle and fine dri

Charged if the vehicle is not yours

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 1, 2023

If the police search a vehicle you're near but not inside, and they find something illegal, whether you can be charged depends on several factors. The key question often revolves around your connection to the vehicle and the illegal items found.

If the vehicle isn't yours, the...
View More

1 Answer | Asked in Constitutional Law for Georgia on
Q: I’m 20 and live in Georgia and my friend who is 22 wants to gift me once of his pistols. Is that legal for me to own?

Also if legal would I be able to carry it

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 30, 2023

In Georgia, the laws regarding firearm ownership and carrying can be specific and have certain age requirements. As a 20-year-old, you can legally own a pistol that is gifted to you. Georgia law permits individuals aged 18 and older to possess a handgun.

However, when it comes to carrying...
View More

2 Answers | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for Georgia on
Q: I'm in a custody battle and the opposite party is trying to change the sexual identity of my 6 year old born female

Is this illegal what can I do to stop it my daughter even kissed another girl at school she's showing her videos of this girl who's pretending to be a boy on a show called Micky and JJ my daughter acts strangely around them my lawyer won't let me call CPS what do I do

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 28, 2023

In a custody battle, the primary concern is always the best interest of the child. If you believe that the actions of the other party are not in your daughter's best interest, it's important to address this through legal channels. Discuss your concerns with your attorney, emphasizing the... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.