Dallas, GA asked in Criminal Law and Constitutional Law for Georgia

Q: Can you win your case based on violation of amendment rights in Georgia Superior Court?

My attorney for my state charge told me this has to be brought to federal court after the conclusion of the State's charges. Is this correct?

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: It is possible to raise violations of constitutional rights as a defense in a criminal case in Georgia Superior Court, but it ultimately depends on the specific facts and circumstances of your case. If your constitutional rights have been violated, your attorney can raise those issues as part of your defense. However, if you wish to pursue a federal civil rights lawsuit based on those violations, you would generally need to wait until after the conclusion of the state criminal case. This is because federal courts generally do not want to interfere with ongoing state court proceedings. It is important to discuss your specific case and legal options with your attorney.

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