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I was arrested following a traffic stop conducted by the chief of police in Georgia, who then acted as the prosecutor during my bench trial. I was found guilty of obstruction. The judge in my trial previously served as a mayor in another town where the chief had worked as a police officer, and they... View More 
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answered on Mar 24, 2025
You have several strong grounds for appeal based on the procedural irregularities and potential conflict of interest you've described. In Georgia, you generally have 30 days from your conviction date to file a Notice of Appeal with the clerk of court where your trial occurred, followed by a... View More
In the state of Georgia, are grand jury indictments required to be returned in open court with the presence of a judge, court reporter, district attorneys, and the grand jury? I am concerned because the indictment process happened 13 years ago, and the defendant has been in prison since then. A... View More
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answered on Mar 23, 2025
In Georgia, grand jury indictments are indeed required to be returned in open court. This is a longstanding legal requirement that has been affirmed through multiple court cases.
The Georgia Supreme Court has established that for an indictment to be valid under Georgia law, it must be... View More
I want to appeal a probate court decision in Banks County, Georgia. I believe my rights under the Fourth to Eighth Amendments were violated, as the court allowed hearsay comments and engaged in misleading statements. Furthermore, I was incorrectly informed that a lawyer was appointed for my... View More
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answered on Mar 23, 2025
To appeal a probate court decision in Banks County, Georgia, you'll need to file a written notice of appeal with the probate court within 30 days of the judgment. Your appeal should clearly outline the constitutional violations you experienced, including the Fourth through Eighth Amendment... View More
I received a mail package that had been previously opened. When I went to take the package, police officers arrived, handcuffed me, and took me inside my house to begin a search. The search warrant mentioned broad terms such as "all controlled substances, all buildings, and all vehicles"... View More
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answered on Mar 24, 2025
Based on the details you've shared, there are concerns about the warrant's scope. The Fourth Amendment requires search warrants to describe with particularity the place to be searched and items to be seized, which prevents general "blanket" searches that give officers unlimited... View More
My son has been incarcerated for 13 years, and at the end of his trial, he discovered a conflict of interest: the jury foreman and the judge knew each other personally. This concern was brought to his public defender at the time, but no actions were taken regarding the conflict. There haven't... View More
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answered on Mar 24, 2025
This is a complex situation with potential legal options, but time is a significant factor in Georgia's post-conviction process. In Georgia, there's typically a four-year statute of limitations for filing habeas corpus petitions based on constitutional violations, which a judicial... View More
I overdosed at home, and when medical services arrived to save me, the police entered my house. They claimed they had probable cause to later return with a search warrant. They arrested me for possession of weed and meth, and possession of a firearm during the commission of a crime. I do not... View More
answered on Mar 3, 2025
If it was an emergency and they entered to administer aid and while they were there, they saw drugs and a weapon in plain sight, then they have a right to go back to retrieve a search warrant.
Law enforcement served a search warrant at my home for stolen property that I never saw, and during the forced entry, they nearly injured me and my 12-year-old grandson. They seized two cellphones from my bathroom and searched them on the spot without a warrant, only obtaining one five days later.... View More
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answered on Mar 24, 2025
The search of your home with a warrant for stolen property was likely legal, but searching your cellphones without a specific warrant raises serious Fourth Amendment concerns. Courts have established that phones contain private information requiring separate warrants, and the delayed warrant... View More
I recently discovered I'm on a federal watchlist without any due process, leading to constant monitoring by citizens and law enforcement. When I sought clarification from authorities, I was told there's nothing they can do. Despite documenting several incidents, including being arrested... View More
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answered on Mar 24, 2025
Being on a watchlist without explanation can be incredibly frustrating and stressful. Your experience highlights serious concerns about transparency and due process in our surveillance systems.
Your first step should be consulting with a civil rights attorney who focuses on government... View More
I am concerned about my 14th Amendment rights after my daughter was taken by DEFACS in December 2023 while I was in the hospital and my separated husband was arrested for drug possession. Although I have no criminal record, I haven't had an adversary hearing. I have been compliant with... View More
answered on Mar 3, 2025
I would get another attorney before it's too late. Prior to your parental rights being terminated you should seek alternative counsel and ask for a continuance if necessary, so your new attorney can familiarize themselves with what is probably a lengthy case. If you do not have faith in your... View More
I have documents, including a search warrant and 16 additional papers, that violate my right to due process by prejudicing my defense. Neither the judge nor my public defender will review this evidence. With an upcoming court date, whom should I contact about this situation?
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answered on Mar 24, 2025
If the judge and your public defender are ignoring clear violations of your due process rights, you have the right to take further steps. Start by contacting the state public defender’s office or their supervisor and file a formal complaint about your defender’s inaction. If you're being... View More
In a search warrant that resulted in two people being arrested, can the arresting officer, who also investigated the alleged crime, serve as the prosecutor who both requested and signed the warrant for it to be issued?
answered on Mar 3, 2025
Yes, the officer is considered the prosecutor of the search warrant because he or she is the one presenting the alleged probable cause to the magistrate as they are requesting the issuance of the warrant.
Dept and he has pulled me over 3 or 4 times without finding anything but weed on me. I was at a house when it got raided and the owner didnt go to jail but i and another person did. The dude from high school has insisted without telling me who he was that we would see each other again since the... View More
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answered on Feb 8, 2025
It sounds like there could be a conflict of interest if the investigator has a personal grudge against you based on past events with your cousin. If he has made comments suggesting that he was waiting for another chance to interact with you, that could indicate bias. Repeated traffic stops without... View More
I went to loves truck stop to get a refill on a cup of coffee I was denied the refill and fuel and they called the police on me I brought the cup in for the refill they said I didn’t I ask them to look at the camera they didn’t instead the cashier said she didn’t see me bring the cup in are... View More
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answered on Feb 8, 2025
That sounds like a frustrating and unfair experience, especially since you were following the usual process and had proof of your purchase. If you feel that you were discriminated against, you may want to gather all the evidence you have, including receipts, any witness statements, and any details... View More
A person was stopped because the automatic plate reader indicated the owner of the vehicle the person was operating had a possible warrant. The driver was not the owner and didn't match the description of the owner. The reason for the stop, according to the report, was due to the data solely.... View More
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answered on Jan 24, 2025
In this situation, the legality of the traffic stop hinges on whether the data from the automatic plate reader (indicating a possible warrant for the registered owner) provided enough reasonable suspicion to justify the stop. Courts often consider whether the officer had specific, articulable facts... View More
In Fulton county Georgias, A family member has been incarcerated because he had an unregistered pistol on him. He was originally stopped for jay walking, and was searched by police.
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answered on Jan 18, 2025
Yes, police can stop individuals for jaywalking in Fulton County, Georgia, as it violates local traffic ordinances. Understanding your family member's situation, this initial stop for jaywalking could have given officers reasonable suspicion to interact with him.
During such stops, if... View More
private probation service, misdemeanor, 2 months until termination date, charge is for shoplifting due to food insecurity
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answered on Jan 7, 2025
Given financial hardship and the circumstances of the original offense being tied to food insecurity, judges typically show understanding in compliance hearings when non-payment is due to genuine inability to pay rather than willful non-compliance. Courts are increasingly recognizing that... View More
If I tell cop no you can not search the vehicle I was in and now is locked but they search anyway and I go to jail, I am not on probation and the vehicle was not in my name
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answered on Jan 5, 2025
I'm sorry you’re going through this difficult situation. You have rights when interacting with law enforcement, including the right to refuse a vehicle search under certain circumstances. If the police conducted a search without your consent, a warrant, or probable cause, it might be... View More
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
answered on Dec 9, 2024
The specific language used in the indictment is very important. Flaws within the indictment can significantly impact the outcome of the case. For example, if challenged and the indictment fails to properly allege the crime, the entire case must be thrown out regardless of the evidence. Depending on... View More
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
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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.
Or what he bases his belief off of?
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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
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