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Georgia Constitutional Law Questions & Answers
2 Answers | Asked in Criminal Law, DUI / DWI and Constitutional Law for Georgia on
Q: Hi my boyfriend is being held in jail after receiving time served from a judge. What can we do

He has adequate paperwork stating he has been given time served

David Edward Boyle
David Edward Boyle
answered on May 14, 2018

If the sentence has expired than the jail is unlawfully holding the person in custody and can be sued for false imprisonment. The proper course would be to hire an attorney to investigate whether the sentence has legally expired and to provide this information to the jail or prison so they can be... View More

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3 Answers | Asked in Divorce and Constitutional Law for Georgia on
Q: How does a man divorce his wife if been separated for 6 yrs and live in different states and havent spoke or seen each

Other at all. Need help!!

Kristine Jones
Kristine Jones
answered on May 8, 2018

I am not licensed to practice in Georgia. However, based off your facts, it sounds like you can try an uncontested divorce if you have no address and no way of contacting your soon-to-be ex wife. I would seek advice from a local legal clinic at a law school (if you live close to one) or by... View More

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1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Traffic Tickets for Georgia on
Q: How can a person have a fair trial if the judge and states attorney as well as the p.deffender all get paid from state?

How is this fair and unbyis if they work for the same corporation?

Forrest Clinton Barbour
Forrest Clinton Barbour
answered on May 2, 2018

The Public Defender works for you. Not for the State. I know many Public Defenders, and I have never met one who takes the side of the State. But if you truly believe that your Public Defender isn't working for you, then you can hire a private attorney.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Georgia on
Q: What are my rights as far as sitting in a vehicle in my yard do the police have the right to show up and arrest me
David Edward Boyle
David Edward Boyle
answered on May 14, 2018

The police can arrest you if they have a warrant, regardless of whether you are in your home or car.

1 Answer | Asked in Criminal Law and Constitutional Law for Georgia on
Q: Is it a violation of an individuals right if they filed for a speedy trial and the court went over a year between trials

The individual has been accused with murder and has been held in county jail for 3 years without being tried

Forrest Clinton Barbour
Forrest Clinton Barbour
answered on Apr 16, 2018

This question is impossible to answer without knowing more information.

1 Answer | Asked in Criminal Law, Traffic Tickets and Constitutional Law for Georgia on
Q: In the state of Ga.is it true that one has the right to travel on the road in their own personal automobiles unlicensed

Everything I find says its ones right and not a privilege that a city or state can take without due process of law is this true

Forrest Clinton Barbour
Forrest Clinton Barbour
answered on Apr 10, 2018

No, that isn't true. Driving on the roads of Georgia is a privilege, and to exercise that privilege, you must be licensed. What you are reading is nonsense perpetuated by a group of individuals who claim to be sovereign citizens. These people claim the laws do not apply to them. They are... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Georgia on
Q: After being coerced into a plea deal i find out the DA hid testimony that proved i was innocent. How do i proceed?

I was asked to surrender to the sentence but, i had already began filing Pro Se bc i knew something wasnt right my public defender set up a plea agreement w me transferred me for court and didnt show up. A substitute wouldnt hear that i already had a plea set so this forced me into a plea so i... View More

Forrest Clinton Barbour
Forrest Clinton Barbour
answered on Apr 10, 2018

Hire an attorney. You have a very limited amount of time to file a motion to withdraw your guilty plea.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Georgia on
Q: Can you audio record your own sentencing
William C. Head
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answered on Aug 16, 2017

Not without Judge's permission.

1 Answer | Asked in Constitutional Law and Traffic Tickets for Georgia on
Q: If the word in question is not describing the actual act is it still a violation? I.e. "Mess around & find out"?

This phrase is under a silhoute of an ar15. (Ga 40-1-4) Question concerns a sticker on my truck.

William C. Head
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answered on Aug 3, 2017

What crime is being charged? Against whom? In what circumstances?

If using profanity around young children or in certain places, then possibly a crime. Otherwise, free speech.

1 Answer | Asked in Constitutional Law, Criminal Law and Federal Crimes for Georgia on
Q: Can someone be be picked up on a warrant based on a police report if the investigator did not follow up with the victim?

On the 10th of July I went in to report that my ex had taken my bank card and withdrew money from it. The officers asked me my name and to identify him. I was told an investigator would come and talk with me. No one came. I was then made aware 21 days later that the ex had been picked up on a... View More

William C. Head
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answered on Aug 1, 2017

Yes, it can happen. Apparently, the amount of evidence you provided was enough to convince a judge, who would hear the facts you gave to that investigator, of "probable cause" to arrest your ex.

There is a BIG difference between complaining about this loser to your friends or...
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1 Answer | Asked in Constitutional Law and Criminal Law for Georgia on
Q: Is 16-10-20, falsestatement and written acts a felony?

It says as charge in the affidavit of P-#30

Robbie Levin
Robbie Levin
answered on Jul 26, 2017

OCGA 16-10-20 is a felony with 1 to 5 year sentence.

For more information visit my website at www.LevinLawyerGa.com

1 Answer | Asked in Constitutional Law, Small Claims, Criminal Law and Juvenile Law for Georgia on
Q: definition of arson? and is burning a broken bench at a house we rented considered arson, enough to be convicted or no?

It was in Georgia and also would that go under vandalization or what.

William C. Head
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answered on Jul 23, 2017

As with most criminal charges, the law is written like a large blanket, far too large to allow any misconduct to escape being covered. The word "structure" will be a key part of this case, and how that may be shown to have been part of a building or porch.

Your criminal defense...
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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Constitutional Law and Probate for Georgia on
Q: Do I have until the end of Misdemeanor probration to complete my comunity service hours if my regular fees are payed

The probation officer will not comply and find me a location to do my hours the place he is trying to make me do them says they do not do them. He also stated he would have me locked up if I didn't have 16 of them by monday. I have 4 months of probation left and only 40 hours or service . i... View More

William C. Head
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answered on Jul 21, 2017

If you had an attorney, get his or her help to take the issue back before the Judge, as to your efforts to do as told, but impossible. Rural communities have far fewer community service alternatives.

The conditions of probation typically must be done long before the end of probation. I...
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1 Answer | Asked in Criminal Law and Constitutional Law for Georgia on
Q: What's the law on being questioned while under the influence of meth? Would that mean it was involuntary confession?

Which would mean it would be a violation of my constitutional rights

William C. Head
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answered on Jul 19, 2017

Police are given wide latitude to INVESTIGATE suspected crimes. Miranda rights are not required UNTIL "custody" is objectively obvious to the person being investigated, from the facts of each case.

Investigation can involve MANY things, like collecting samples of drugs, finding a...
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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and White Collar Crime for Georgia on
Q: If I have a warrant for my arrest after making a police report that they said is false what should I do?

The report was true and warrant unjustified.

Robbie Levin
Robbie Levin
answered on Jun 27, 2017

You should hire a lawyer. If you do nothing, you will eventually be arrested on the outstanding warrant.

www.LevinLawyerGa.com

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Georgia on
Q: How do I fight a Corrupt South Ga County who is Determined to Bring me down?

I Once had a Great Life was look up to by my peers even awarded by Battalion commander for over hundreds of other just as deserving wives for outstanding Army key Wife support chain during Middle East Deployment. Vice President while a single mom of my Class completing School after My husband... View More

William C. Head
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answered on Aug 11, 2017

Your message gave no dates or critical details. I suggest that you contact an attorney whose firm knows all the rules and necessary FACTORS for a claim like yours to be able to survive summary judgment motions (basically, a dismissal of the civil charges, by the judge, for failure to state a viable... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Georgia on
Q: If a state law applies unfairly to one class of citizens versus another, could a person file a lawsuit agains the state?
William C. Head
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answered on Aug 13, 2017

Likely, but insufficient information here, to know. No details given.

Contact a civil attorney attorney to give details, and get targeted advice. Call Michael Roth at 404-842-9380. Tell him that Mr. William Head sent you to him.

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for Georgia on
Q: I had a dependency case and it was closed I got my kids back the judge is trying to say they are still dependent how?

Vvv

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Jun 1, 2017

We would need more facts to sufficiently answer your inquiry.

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Traffic Tickets for Georgia on
Q: Would "laying drags" constitute an arrest being made if this was the only offense?

The backend of my truck fish tailed upon taking a turn. There were no pedestrians nearby. No one was injured. There was no property damage. I was fully cooperational. I didn't argue, or cause any trouble at all, yet I was arrested, and my car was towed. I just got done posting bail at... View More

William C. Head
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answered on Aug 4, 2017

Under a US Supreme Court case, Atwater v. City of Lago Vista, an officer CAN make an arrest for a misdemeanor traffic offense, but (for this one) that is not common.

It sounds like this officer did not like you. Don't know why, but he/she did not, but likely the arrest video will help...
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2 Answers | Asked in Civil Rights, Constitutional Law, Estate Planning and Real Estate Law for Georgia on
Q: If an executor of a will/estate is given power ..Can they sell deceased house?

without beneficiary knowledge of?

John W. Chambers Jr
John W. Chambers Jr
answered on May 16, 2017

I assume you mean that the will grants the executor the power to sell property without court approval, or incorporates the statutory powers. Without such power, an executor would need to petition the probate court for approval to sell the house. Assuming that the executor has been granted the... View More

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