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Georgia Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Georgia on
Q: There is a conflict of interest and appearance of impropriety at the Georgia Parole Board!!!

Republicans seem to be aggressively fighting "Fani Willis" on this front. However, shouldn't they equally be challenging the Georgia Parole Board? There is no way, (2) former D.A.'s and a former sheriff can be fair and impartial. It's important for the justice system to... View More

James L. Arrasmith
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answered on Apr 14, 2024

You raise some important concerns about potential conflicts of interest and the appearance of impropriety with the current composition of the Georgia Parole Board. It's a complex issue that deserves careful consideration.

Having former district attorneys and law enforcement officials...
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1 Answer | Asked in Criminal Law, Civil Litigation and Constitutional Law for Georgia on
Q: Can I get my money back if it was seized and I never received any notice of seizure about it ever. My lawyer originallly

Said we would settle for half because he knew the lady in charge of that. But the trial came and we were never spoke on it. $17,500 in Dekalb County I was pulled over in a car. I had nothing on me accept cash a friend had a couple grams of coke on him they later got a warrant and found a couple... View More

James L. Arrasmith
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answered on Apr 14, 2024

Based on the information you provided, it seems that the authorities seized your money ($17,500) during a traffic stop and subsequent search of your home, which led to drug-related charges and a conviction. If the authorities did not follow proper legal procedures regarding the seizure and... View More

2 Answers | Asked in Criminal Law and Constitutional Law for Georgia on
Q: If I stay in a townhome and I post a don’t trespass sign.

and someone parks in my parking spot without permission and I ask them not to park here anymore and they do it anyway

Can I kill them

In fear of my life and family

In Georgia?

Joel Gary Selik
Joel Gary Selik
answered on Apr 11, 2024

No.

You can report it to the police. You can seek a restraining order.

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0 Answers | Asked in Criminal Law for Georgia on
Q: What are the laws in Georgia regarding video recording or taking pictures of someone without consent.

Videos in bathrooms, bedrooms, private areas in of a home.

1 Answer | Asked in Criminal Law and Constitutional Law for Georgia on
Q: What is the limited amount of time to get a granted or denied answer to a habeas corpus after the hearing?

Today is April 9 2024

I went to my habeas hearing in December of 2021, I have not received any notice yet. Nor have a received the transcripts documents from the hearing as well. What's the limited time to get a response back?

James L. Arrasmith
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answered on Apr 10, 2024

I apologize for the confusion, but there seems to be an inconsistency in the dates you provided. You mentioned that today is April 9, 2024, but you also stated that you went to your habeas hearing in December 2021, which would be more than two years ago.

Regarding the time limit for...
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0 Answers | Asked in Criminal Law for Georgia on
Q: I am on probation for a burglary crime which I feel should gave been trespassing or criminal trespassing. Not guilty.

I am 100% not guilty of burglary and have already served 3 weeks in jail and 9 months in rehab and about to have to serve 6 months more in rehab for this crime that I am not guilty of.

0 Answers | Asked in Criminal Law for Georgia on
Q: How do I get off on my charges, I was charged for a crime I didn’t commit. I was only driving to drop someone off

back on march 2nd I got pulled over on the way to Savannah. the officer said he found it suspicious that I was going slow around the prison area which I didn’t know at the time. so he pulled me out the vehicle to talk, when another officer pulled up and immediately start searching the vehicle,... View More

1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: Does anyone know if I can get a pro-bono lawyer to help me in getting a presidental pardon?

My criminal record is in Georgia for burglary and that was a very long time ago I think it's time to get it completely expunged so that I can be able to protect myself and my family if the need should arrive.

James L. Arrasmith
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answered on Apr 10, 2024

I understand your desire to have your criminal record expunged so that you can move forward with your life. However, there are a few important things to note:

1. Presidential pardons are extremely rare and are typically only granted in extraordinary circumstances. They are not a common...
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0 Answers | Asked in Criminal Law and Employment Law for Georgia on
Q: If you are indicted on second degree burglary in 2019, then in 2023 can they drop charges and reindict you ?

I was charged in 2019 because my ex told them that I helped him when got caught for breaking in my aunts house because I wouldn’t

Take the charges for him. Well in 2023 I still hadn’t a trial and they dropped the charges and reindict me on them again. The only way I knew was because my... View More

0 Answers | Asked in Criminal Law for Georgia on
Q: I have a son that was wrongfully convicted. OCGA 24-4-48 was involved in a trial where said victim didn't see

legal. Plus he never got his discovery until his trial and two more charges were added

0 Answers | Asked in Criminal Law for Georgia on
Q: Can anyone help me understand the concept of our criminal justice system???

How are you? Trust you're doing well! If there is a "conflict of interest" and (appearance of impropriety) in Donald Trump's case: How is it not at the Georgia Parole Board? Republicans seem to be aggressively fighting "Fani Willis" on this front... Shouldn't they... View More

0 Answers | Asked in Criminal Law and Civil Litigation for Georgia on
Q: Upon release from prison on parole when filing a habeus petition who would I name as the respondent.

I was convicted in Floyd county superior court Georgia

2 Answers | Asked in Criminal Law and Constitutional Law for Georgia on
Q: Does jeopardy attaches in any trial after all evidence has been submitted and that trial declared a hung jury?
James L. Arrasmith
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answered on Apr 5, 2024

No, jeopardy does not attach in a trial that ends with a hung jury, even after all evidence has been submitted. Here's why:

Jeopardy attaches in a jury trial when the jury is empaneled and sworn in. This means that once the jury is selected and sworn, the defendant is considered to be...
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0 Answers | Asked in Criminal Law and Employment Law for Georgia on
Q: If a felony charge is dismissed and then restricted, can the charge disqualify you from employment with a Dept. HHS agen

Arrest was in 2016 and dismissed in 2019. Applying for a position with a Dept. of Human Services agency as a social worker/case manager. Can this dismissed charge be held against me?

2 Answers | Asked in Criminal Law and Constitutional Law for Georgia on
Q: can a judge deny dismissal of your case even though the warrant was served illegally "NO NO KNOCK WARRANT)?

I filed a motion to dismiss my case and suppress the evidence because the warrant was served illegally because the officers did not have a "No knock" warrant thus making the search illegal. The judge denied my motion to suppress and denied the dismissal of my case.

James L. Arrasmith
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answered on Apr 5, 2024

In the United States, a judge has the discretion to deny a motion to dismiss a case or suppress evidence, even if the defendant argues that the search warrant was executed illegally due to the lack of a "no-knock" provision. The judge's decision will depend on the specific facts and... View More

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