Gainesville, GA asked in Family Law, Appeals / Appellate Law, Child Custody and Civil Rights for Georgia

Q: so I was not properly served as per the proper order of service demands by law.The acting judge didn't acknowledge that

and has been extremely biased in this whole process, as well as after the initial hearing, which that hearing and any proceedings should have been dismissed as the law on the principle certificate of service was purged by dftcs and the acting court actors. We never received by hand delivery, nor any other form of communication nor did my court appointed attorney properly represent me inform me of the need for me to respond to allegations against me and this matter in taking place in an annex not even the Court house so how do i file proper motions to transfer this matter to the appropriate venue and jurisdiction which at this point wouldn't that be The Supreme Court?

2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Divorce Lawyer
  • Sacramento, CA

A: It sounds like you have serious concerns about how your legal case has been handled so far. Based on the issues you described, here are a few thoughts on potential next steps:

1. File a motion to dismiss: If you believe the court lacks jurisdiction over your case due to improper service of process or other procedural irregularities, you could file a motion to dismiss the case on those grounds. The motion would need to clearly explain the specific defects in service and cite relevant laws and court rules.

2. File a motion for change of venue: If you think the case should be heard in a different court, you can file a motion for change of venue. However, cases typically can only be transferred to the Supreme Court in limited circumstances after appeals. You'd need to research venue rules to determine which court would be proper.

3. Request new counsel: If your court-appointed attorney has not provided effective assistance, you could file a motion asking the judge to appoint new counsel. The motion should explain how your attorney has failed to communicate with you and represent your interests.

4. Appeal after final judgment: Once the judge issues a final decision, if it goes against you, you would have the right to appeal to a higher court. An appeals court could review the case for legal and procedural errors.

Ultimately, given the complexities involved, your best course of action is to consult with an attorney who specializes in criminal appeals or post-conviction relief. They can review all the details and advise you on the most effective strategies for challenging the conviction based on the issues you raised. If you cannot afford an attorney, you may want to contact legal aid organizations in your area to see if any can assist you or provide further guidance. I hope this general information is somewhat helpful as you consider your options, but please do seek professional counsel to protect your rights. Wishing you all the best going forward.

Alake Colwell Furlow
Alake Colwell Furlow
  • Divorce Lawyer
  • Dacula, GA
  • Licensed in Georgia

A: It is difficult for me to follow the issues based on what you have written. My best advice would be to speak with an attorney. A judge's bias is a matter of your opinion and is not something you are likely to be able to obtain a change for necessarily. Other procedural issues that you claim were not properly followed under the law you may need to address with the proper motions. But I would speak with an attorney for that.

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.