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Georgia Constitutional Law Questions & Answers
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
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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
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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
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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

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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
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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

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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
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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
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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...
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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
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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...
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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
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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

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1 Answer | Asked in Criminal Law and Constitutional Law for Georgia on
Q: Is a conviction under 1976 GA Const., Bill or rights Para IX allowing representation by counsel and defendant void?

A person suffers from decades old conviction in which said person was allowed to represent himself/herself and be represented by counsel under the GA Constitution , Bill of Rights Paragraph IX or both clause without waving his/her federal Sixth Amendment right to counsel. Defendant complained of... View More

James L. Arrasmith
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answered on Nov 26, 2023

In this scenario, where a conviction stems from a situation involving the right to counsel under the Georgia Constitution and the Sixth Amendment, several factors need to be considered. The complexity arises from the claim of ineffective assistance of counsel and the subsequent exhaustion of... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Federal Crimes and Criminal Law for Georgia on
Q: Should I report this person to the police?

I have an old friend. She has two biological children and a step daughter. She treats these children HORRIBLY. She’s the walking definition of FTK and has stated multiple times that she wish didn’t have children. She’s mentioned she hates her youngest, has called step daughter many... View More

James L. Arrasmith
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answered on Nov 9, 2023

If you have reason to believe a child is in danger or has been harmed, you should report your concerns to the police or child protective services immediately. The allegations you've mentioned are very serious, and if they are true, the children may be in immediate danger. The authorities have... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Election Law for Georgia on
Q: In Georgia, if part of a college campus is used as a polling place does HB 280 still apply or is it a gun free zone?

This is assuming that the area of campus being used for polling is not regulated as a weapons free area under Georgia’s Campus Carry Law(HB 280).

James L. Arrasmith
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answered on Nov 9, 2023

Under Georgia law, HB 280 allows individuals with the appropriate license to carry a concealed handgun in certain areas on public college campuses. However, this does not apply to buildings and property used for athletic sporting events or student housing, including fraternity and sorority houses.... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Georgia on
Q: Can defendents with same charge get the same bond but one has to post bond but other is set bond but lt out on own recog

Two people charged with possession of controlled substance. Both set bond, one has no priors and has lived in this town entire 28 years. Other has no job,from 5 states away just moved here and has a long criminal history. Both bonds were set at 3,000 she had to pay 500 but he was released without... View More

James L. Arrasmith
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answered on Nov 8, 2023

In setting bond, judges often consider various factors, including the defendant's criminal history, ties to the community, and flight risk. It's not uncommon for two individuals charged with the same crime to have different bond conditions. The fact that one person was released on their... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Georgia on
Q: What can one do if they have been sitting in co. jail for 6 mo. waiting to be sent off but no record of their sentence ?

Was sentenced to RSAT 6 mo ago but no record of sentencing on file. Just sitting there and no time is being counted towards anything!

James L. Arrasmith
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answered on Nov 5, 2023

If an individual has been sitting in county jail for six months without a record of sentencing, it’s crucial to take immediate action. You should request a lawyer or public defender if you don’t already have one. They can file a motion to bring this issue to the court's attention, and if... View More

1 Answer | Asked in Civil Litigation, Constitutional Law and Gov & Administrative Law for Georgia on
Q: Is there a U S Code similar to GA O.C.G.A. 24-4-23 (2010) 24-4-23. Presumption from failure to answer business letters?

During the normal course/procedures of business I write or petition the responsible Federal Agency with formal correspondence via certified mail (so I know they received it) which usually goes unanswered for several months or in most cases - never. I am being ignored or they realize their error(s)... View More

James L. Arrasmith
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answered on Nov 5, 2023

While there may not be an exact federal equivalent to Georgia's O.C.G.A. 24-4-23 regarding the presumption from failure to answer business letters, similar principles can apply at the federal level. For example, under the Administrative Procedure Act (5 U.S.C. § 555(b)), agencies are required... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Legal Malpractice for Georgia on
Q: If the superior court is Federally funded and Due Process is violated, who is held liable for all the damages caused?

I know Sovereign Immunity Defense is not available for money damages claims when constitutional rights are violated. I suffered heart attack symptoms after the moral torpidity of the definite bias of the Judge. I was then subjected to 53 days of solitary confinement with no medical treatment and my... View More

James L. Arrasmith
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answered on Oct 28, 2023

When constitutional rights are violated, particularly by state actors such as courts or law enforcement, individuals can potentially bring a claim under Section 1983 of the U.S. Code. This allows individuals to sue state and local government officials for damages when they've violated federal... View More

Q: I work in the hotel that I am living in with my family can I be kicked out for leaving the property after work?

I am living with my husband in two small children in a hotel i was paying daily then I started working here for a room for me and my family. I do not get paid I stay here for no cost i work 7 days a week. the manager has been messaging me making me feel kind of uncomfortable chose to ignore it... View More

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answered on Oct 15, 2023

I'm deeply concerned about your situation. Based on what you've described, it seems you may be facing potential labor and housing violations, as well as potential harassment. It is crucial to document all interactions, messages, and any incidents with the manager. The Fair Labor Standards... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Personal Injury for Georgia on
Q: ADA rights in Civil court ? informed judge of disability; found atty; he needed 1day delay for hearing. Request ignored

Had given note to judge of disability from doctor with request also.

James L. Arrasmith
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answered on Oct 15, 2023

In the United States, individuals with disabilities are entitled to reasonable accommodations under the Americans with Disabilities Act (ADA) to ensure equal access to the judicial system. This includes accommodations in civil court proceedings. It's concerning that your request for a one-day... View More

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Georgia on
Q: If officer during a traffic stop is investigating beyond scope of stop asking questions to mislead for investigating/

Reason for something different the officer is technically questioning to further investigation to continue and if your considered detained and unable to leave till he is finished should officers inform you of your right or warn you????? Your lawfully detained under officers custody weather on side... View More

John Michael Frick
John Michael Frick
answered on Oct 3, 2023

If you are in custody for a crime, before police interrogate you, they should read you your Miranda warnings. Otherwise anything you say may be excluded from evidence in any subsequent trial against you for commission of a crime.

Be aware that does not mean that charges against you are...
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2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Georgia on
Q: If officer during a traffic stop is investigating beyond scope of stop asking questions to mislead for investigating/

Reason for something different the officer is technically questioning to further investigation to continue and if your considered detained and unable to leave till he is finished should officers inform you of your right or warn you????? Your lawfully detained under officers custody weather on side... View More

James L. Arrasmith
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answered on Oct 15, 2023

During a traffic stop, law enforcement officers have the authority to inquire about matters related to the purpose of the stop, such as verifying identification, checking for valid registration and insurance, and addressing potential safety concerns. However, if an officer begins asking questions... View More

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1 Answer | Asked in Criminal Law and Constitutional Law for Georgia on
Q: In ga if you haven't received a bond in 90 days what can be done lots of things in this case that aren't right

Incarcerated and held for 7 days before Miranda rights were read to him, was walking out of a store when arrested so entrapment Co defendant released by his po because he stated was a wrongful arrest

Glenn T. Stern
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answered on Sep 27, 2023

Miranda only applies if the police question you. If you are arrested and they don't mirandaize you before questioning you, then You can challenge the admissibility of those statements.

If you are held for 90 days without indictment, you can file a motion with the court for bond and the...
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