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Georgia Constitutional Law Questions & Answers
0 Answers | Asked in Civil Rights and Constitutional Law for Georgia on
Q: My brother was shot by police, they falsified reports stating he shot himself, can he sue for excessive force

This happened in ga. He was pulled over for laying drag,and was ask to search because he(officer) spotted Marijuana my brother fled and was struck by a car.but continued to the woods where he was tased twice,which was also ineffective they then shot him. They found a firearm in the woods but did... Read more »

0 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Georgia on
Q: Do I have a civil case against the deputy or the county for violating my rights?

I was approached by a deputy while standing in a hotel parking lot and charged with obstruction for failure to ID, arrested and put in jail in Georgia.

0 Answers | Asked in Civil Rights and Constitutional Law for Georgia on
Q: What options do I have to file a civil claim for wrongful arrest in Georgia?

I was charged with obstruction for failure to ID, arrested and held in jail & denied access to make a phone call for 15 hours.

0 Answers | Asked in Civil Rights, Communications Law and Constitutional Law for Georgia on
Q: Can dept of family and children of ga send my neighbors letters asking questions about me for foodstamps

I didn't respond to the letter they sent me bc I thought it was a scam because of how it was done cause they asked me to sign a form to release any information about me including medical banks etc. And the name sounded funny "king la" and it was from Paulding cnty not floyd

0 Answers | Asked in Constitutional Law and Gov & Administrative Law for Georgia on
Q: What constitutes a primary caregiver and what is considered reasonably available alternative child care?

I am married and live with my spouse and our six month old infant, my wife works from home and I take of the child during the day when she's working. I am also the only person with a driver's licence in my household. For this reason I consider myself the primary caretaker of the household... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Georgia on
Q: Can a cop open a closed and latched gate (of a third party) that has a no trespassing sign on it with an arrest warrant

LEO's opened my gate because they suspected that a person they had an arrest warrant for was there. Which they weren't there. Did they have the right to just unlatch my gate (that has a no trespassing sign on it) and open them up, and proceeded onto my property looking for said suspect?

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jul 1, 2022

Yes, if the police relied upon reasonable, articulable facts that the person they had a valid arrest warrant was on the property. It does not matter if the person was actually on the property if the above standard was met. However, the police will be limited to only search the property for where a... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Georgia on
Q: My s/o was picked up on a false warrant ,never had his Miranda rights read to him until after speaking with the d.a

He was also given paperwork to sign without counsel present under the assumption that it was the statement he had just made, but really he had unknowingly signed away his rights... He was incarcerated on 12/30/2021 where he has been held without bond( no bail hearing given) , or evidence,.. the... Read more »

Morris  Margulis
Morris Margulis
answered on Jan 14, 2022

He needs to act fast to get Habeas Corpus relief. If he can get out of custody, he will be in a much better position to pursue his other claims involving this experience.

1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Georgia on
Q: If I'm off probation and completed my 1st offenders sentencing successfully does that mean I was discharged by a judge?
Morris  Margulis
Morris Margulis
answered on Jan 6, 2022

It should, but you should check with the clerk of the court that sentenced you to first offender probation to be sure.

1 Answer | Asked in Constitutional Law for Georgia on
Q: My daughter got drunk and started trying to put her hands on everybody and busted my house window so I called the police

The police arrived to my home and stated to us that they were charging her with criminal trespass (family violence) which didn’t make sense . We questioned them howeever they booked her into the jail for smash and grab burglary , purchase of alcohol being a minor , and possession of marijuana... Read more »

Cory D. Raines
Cory D. Raines
answered on Oct 12, 2021

She will have to either hire a private attorney or be assigned a public defender to help defend these serious charges, which could and should have been avoided by not calling the police in the first place. Whether you want press charges or not against your daughter is out of your hands because now... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Domestic Violence and Government Contracts for Georgia on
Q: The highschool won't allow my daughter in school

They kept her in room without lunch all day instead of going to class

Joshua Schiffer
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Joshua Schiffer
answered on Aug 17, 2021

There should be some sort of written reason offered by the school. You need to schedule a meeting with the administration and get to the bottom of the disparate treatment.

2 Answers | Asked in Criminal Law and Constitutional Law for Georgia on
Q: I am wondering about 4th Amendment rights.

I was stopped for not having on my selt belt. The officer asked for my license which I gave him. He then went to his car and ran my license. It came back expired by one month. He asked if I knew about it I said no and he handed me back my license. He then when to another officer and was speaking to... Read more »

Joshua Schiffer
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Joshua Schiffer
answered on Aug 17, 2021

Sounds like a standard fishing expedition and you need to get a lawyer to file a motion to suppress.

The cops are allowed to intercept folks if they have probable cause that a crime is occurring (seat belt) and then commonly use that as an entry point for additional investigation. It is...
Read more »

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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Georgia on
Q: Police came to my residence w a search warrant I was never shown or given a copy of. Is this legal to do?

The residence in question has a different address than what they said was on the warrant. So this is 2 part questions. Are they required to show u the warrant and hand u a copy. And 2. The residence they seized drugs in was different than one on the warrant I never saw. Are these things legal and... Read more »

Michael D. Birchmore
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Michael D. Birchmore
answered on Jun 11, 2021

These are questions that your defense attorney will address with you. I believe I know what you are thinking and why you are asking this question. If I am right, then the arguments that will need to be made will be argued later, down the road. The many facts that are so important are not known... Read more »

3 Answers | Asked in Family Law and Constitutional Law for Georgia on
Q: In the state of Georgia- can grandparents sue or file for grandparent visitation?
V. Joy Edwards
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V. Joy Edwards
answered on May 18, 2021

Yes. It usually requires some intricacies and it is best to have an attorney assist you with this action.

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Georgia on
Q: If the name in my arrest warrant is not my name is that warrant invalid?
Tracy S. Reeves Jr.
Tracy S. Reeves Jr.
answered on Feb 8, 2021

It depends on whether you were actually the subject of the warrant or you have been mistaken for the person on the warrant. There should be some additional information such as DOB, height, weight, etc. The name issue can be cured by issuing a new warrant with the correct name.

1 Answer | Asked in Criminal Law, Constitutional Law and Domestic Violence for Georgia on
Q: In Georgia would it be legal for an officer to make a warrantless arrest when no complaint has been made?

The question relates to my arrest after I had placed a call to 911 requesting police to respond to a domestic violence assault against me. The other party was also arrested charged and ultimately plead guilty but I was arrested and accused of charging at the other party. But in reality I was pulled... Read more »

Jermario L Davis
Jermario L Davis
answered on Dec 30, 2020

Felony obstruction is a serious charge. Unlike the misdemeanor variety, the felony obstruction indicates that you did violence or offered to do violence to the officer.... You should definitely consult "directly" with an attorney and not try to resolve this on your own.

Officers...
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1 Answer | Asked in Criminal Law, Civil Litigation and Constitutional Law for Georgia on
Q: How do I file a mandamus on a Georgia Supreme court that rules contrary to US Supreme Court decision concerning Brady.

Georgia made a decision in Davis v. State affirming his conviction due to star decisis in Hines v. State, 249 Ga. 257 (1982), concerning Brady. Since that decision the US Supreme Court have stated that impeaching evidence which must include evidence that the police did not turn over to the... Read more »

David Edward Boyle
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David Edward Boyle
answered on Dec 17, 2020

You would file a petition for cert with the U.S. Supreme Court challenging the ruling of the Ga. Supreme Court. It is discretionary with the US Supreme Court to take the case.

1 Answer | Asked in Medical Malpractice, Civil Litigation, Civil Rights and Constitutional Law for Georgia on
Q: when your incarsarated and under the care of a contracted medical staff are they reliable for the cost of outside

medical treatment ordered by the jails doctor

Tim Akpinar
Tim Akpinar
answered on Dec 5, 2020

A Georgia attorney could advise best, but your question remains open for three weeks. As a general matter, it could depend on the health care system in place. In some states, inmate medical care is covered by state or municipal health agencies. In others, it could be covered by third-party private... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Georgia on
Q: found gun in middle of road in georgia, how do i report it make sure its not stolen, or been involved in crim
Tracy S. Reeves Jr.
Tracy S. Reeves Jr.
answered on Nov 5, 2020

You can call the local nonemergency line or take it to your local precinct. Leave it in your vehicle prior to entering and let them know you found the firearm and where. They can run the serial number to see if it is registered. They will also need to take "test fires" to compare... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Georgia on
Q: I don't know what to do

I was pulled over after just getting my car back October 2nd, the reason for the stop was they had claimed my paper temporary tag was flapping in the wind but the plastic tag cover I bought pretty much tells me that was a lie. They search my vehicle without my consent and all of a sudden a tiny bag... Read more »

Jermario L Davis
Jermario L Davis
answered on Oct 27, 2020

You should hire an attorney as soon as possible. There are notices and deadlines that have to be met in order for the seizure and potential forfeiture to be valid. In any case, do not delay taking action to get your property back.

As far as the charge itself, there appear to be multiple...
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