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Georgia Constitutional Law Questions & Answers
0 Answers | Asked in Civil Rights, Constitutional Law, Federal Crimes and Libel & Slander for Georgia on
Q: What kind of lawyer do I need after an officer falsified evidence against me for making a compliant about her fellow cop

I have no criminal history. I’m actually a retired EMT. I’ve been gang stalked by my new husbands ex’s and her friends. Some of her friends work in the local police and DA office. A particular officer has made a report containing false information I can disprove with video against me because... View More

0 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Georgia on
Q: OK my son was indicted on a seven count indictment how should indictment with two party's be worded

The indictment is word as is are charged as party and party to the crime but does not say which is which is this flawed

0 Answers | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Georgia on
Q: How do I go about filling for a de Novo hearing in the state of Georgia

My brother has a life sentence in Georgia. But he's found it in the OCGA where it states that the judge that sentenced him in his plea, didn't have jurisdiction to accept the plea much less sentence him. Which makes his entire sentence illegal. My brother didn't have a jury in the... View More

2 Answers | Asked in Traffic Tickets, Constitutional Law and Trademark for Georgia on
Q: Hey if I got arrested for driving while license suspended paid a cash bond of $720 and then forgot court what's next

Now they issued a failure to appear warrant. I thought at worst that I would forefit my cash bond to settle the case and it would just end it as an admission of wrong doing

Anthony M. Avery
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answered on Oct 28, 2024

Hire a GA attorney now to turn you in off the Docket, then start representing you. Also find out what you need to reinstate the DL.

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Georgia on
Q: If affidavit attached to arrest warrant does not provide information on, why officer believes this occurred?

Or what he bases his belief off of?

James L. Arrasmith
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answered on Oct 25, 2024

If the affidavit attached to an arrest warrant doesn’t explain why the officer believes a crime occurred, it can raise serious concerns about the validity of the warrant. An affidavit is meant to provide the factual basis for the officer’s belief, demonstrating probable cause. Without this... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Georgia on
Q: Yes my understanding of a probable cause hearing should take place shortly after arraignment and it's like a trial befor

A trial where the accused has the right for attorney and to bring forth the accused witnesses and so on. So what if the accused/ myself wasn't given that hearing,just arraignment over live feed. I reside in state of Georgia. I plea not guilty and with a provided attorney from the... View More

James L. Arrasmith
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answered on Oct 23, 2024

If you weren’t given a probable cause hearing after your arraignment, it’s important to address this issue promptly. The probable cause hearing is a critical step where you can challenge the evidence against you and ensure your rights are protected. Without this hearing, there may have been a... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Georgia on
Q: What do I do when my constitutional right to due process is violated

As a mental health patient, by law before treatment a risk and needs assessment is required, but it was bypassed and I was sent to along term treatment facility. And In the process of being there, my life and liberty was infringed upon causing mental and emotional distress. What can I do?

James L. Arrasmith
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answered on Oct 9, 2024

I'm sorry you're experiencing this situation. First, gather all your medical records and any documentation related to your treatment and admission. This information will be crucial when discussing your case with someone who can help.

Next, reach out to a lawyer who has experience...
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1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Georgia on
Q: 726 S.E.2d 625 (2012) 315 Ga. App. 101 HERRINGTON v. The STATE. Need help explaining this case very similar to mines

The above case is similar to mines jeopardy attached to my case just like in Herrington's case during my first trial I had a mistrial the state investigator got on the stand and the judge declared a mistrial similar to herrington's.on retrial the state added charges as well like... View More

James L. Arrasmith
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answered on Oct 9, 2024

In your situation, the principle of double jeopardy is central. Once jeopardy attaches during your first trial, the government is limited in how it can proceed if a mistrial occurs. When the state investigator testified and the judge declared a mistrial, jeopardy attached, preventing the state from... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Georgia on
Q: Da lied in court

While in court the da stated I gave consent to search my truck, I don't give consent no matter what. The facts are,, the officer said he could smell weed, I don't smoke nor carry weed, and after his statement he proceeds to open my door and pull me from truck, needless to say he found no... View More

James L. Arrasmith
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answered on Oct 2, 2024

I'm sorry you're going through this difficult situation. It's important to take immediate steps to protect your rights. Consider finding a new attorney who can review the details of your case and provide a strong defense based on the facts you’ve shared.

Document everything...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Georgia on
Q: can violations of title 24-13-20 through 24-13-24 be prosecuted. City court is refusing my right to subpoena witnesses

The city is refusing production of evidence and the city court clerk is refusing subpoenas for witnesses and video evidence known to exist.

James L. Arrasmith
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answered on Oct 2, 2024

I'm sorry you're facing these challenges with the city court. Violations of statutes like Title 24-13-20 through 24-13-24 can potentially be prosecuted if there's enough evidence and legal basis.

If the court is denying your requests to subpoena witnesses or access video...
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2 Answers | Asked in Civil Rights, Constitutional Law, Employment Discrimination and International Law for Georgia on
Q: I’m facing some human rights issues

By certain parties in law in lieu

Tim Akpinar
Tim Akpinar
answered on Oct 10, 2024

Your question is very brief, and there could be reasonable justification for not wanting to post details about your matter. Without knowing the nature of your situation, one option could be to reach out to civil rights attorneys (or possibly civil rights organizations) to discuss more meaningfully... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for Georgia on
Q: I feel like I was victim to an illegal encounter with police and my 4th ammendment rights were violated. I saw with my

Own eyes as the k9 officer hit my cartoon with a ball on a rope. Only then did the dog alert. Is that not totally bogus?

James L. Arrasmith
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answered on Sep 25, 2024

What you describe sounds like it could be a violation of your Fourth Amendment rights, which protect against unreasonable searches and seizures. If the officer manipulated the situation to make the K9 alert by using a toy or ball, it could indicate that the alert was not legitimate. The K9's... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Georgia on
Q: Can an inmate bring charge again correction officer for tell inmate he is gay?

Then two inmate jumped on him because he wouldn't sleep with them.

James L. Arrasmith
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answered on Sep 20, 2024

Yes, an inmate can bring a charge against a correctional officer if the officer's actions, such as outing the inmate as gay, led to harm or placed the inmate in danger. In this case, the officer may have violated the inmate’s rights by exposing personal information that resulted in violence... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Georgia on
Q: Why would police not arrest a felon who stole a firearm with unquestionable proof?

My former brother-in-law, who is a convicted felon, stole multiple items from my home including two firearms. I have a recorded phone call where he listed every item he stole from me including guns. I took it to police and they told me it was a civil matter. He has had multiple arrests for heroin... View More

James L. Arrasmith
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answered on Sep 7, 2024

It can be incredibly frustrating when the police don't take action, especially when you have solid evidence of a crime. In your case, the theft of firearms by a convicted felon is a serious offense that should generally be pursued. Sometimes, police may label something a civil matter if they... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Georgia on
Q: What if a search warrant states ocga 16-5-24 aggravated assault, what effect will this have on the warrant’s validity?

Would this not make the search warrant flawed? Also, the judge signed off on this warrant, after placing an eight (8) in the time slot only to scribble through the eight (8) and write a three (3) above the scribbled out eight (8). The document does not look professional, seems like checks and... View More

James L. Arrasmith
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answered on Sep 7, 2024

A search warrant must be clear, specific, and accurate to be valid. If a warrant lists an incorrect statute, like stating OCGA 16-5-24 (aggravated assault) instead of the correct one, it could be grounds for challenging the warrant's validity. Any inaccuracies, even clerical errors like... View More

2 Answers | Asked in Criminal Law, Constitutional Law and Legal Malpractice for Georgia on
Q: In a crimenal case if I pea guilty does my lawyer have the rite to say I cannot withdraw my plea

I plead guilty to a felony crime because the lawyer wouldn't help in any just kept telling me it would be best to plead guilty a blind plea then when he handed the judge the paper work he said I also put on here he could not withdraw his plea does a lawyer have that kind of say

R. Blake Morton
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answered on Sep 5, 2024

In Georgia, if a Defendant enter a blind plea, that is a plea that is not based on a recommendation from the State, then the Defendant has no right to withdraw their plea if they are given a sentence that they are unhappy with. When you plea under a negotiated plea, one with a recommendation, if... View More

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Georgia on
Q: Seeking a civil attorney for a malicious prosecution case in Gwinnett County Superior Court, a man was found not guilty

at trial on armed robbery, kidnapping, home invasion charges, but found guilty on criminal intent to commit a felony. He's been locked up for 58 months and just recently offered time to serve for a guilty plea on appeal for the criminal intent charge, which he declined because the state... View More

James L. Arrasmith
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answered on Aug 31, 2024

In your situation, it's crucial to seek an experienced civil attorney who can help you navigate the complexities of a malicious prosecution case. The fact that the state admitted to wrongdoing is significant and could play a pivotal role in your case. It's important to act quickly, as... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Georgia on
Q: I timely filed withdraw guilt plea motion 2016 criminal . Its been 8years I'm just having my hearing is this due process

Is has to be a violation can I get this thrown out my sentence was 15/10 and my sentence is almost over

James L. Arrasmith
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answered on Aug 31, 2024

A delay of eight years in holding a hearing for your motion to withdraw a guilty plea can be considered a significant issue regarding due process. The Constitution guarantees the right to a speedy trial and a prompt resolution of post-conviction matters, and such an extensive delay could... View More

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