Ask a Question

Get free answers to your Criminal Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Georgia Criminal Law Questions & Answers
1 Answer | Asked in Landlord - Tenant, Business Law and Criminal Law for Georgia on
Q: got a felony for doing business without a license, but it is not a business i just rent rooms out to others in need. i

i have a partner, whom we share the lease with that we had residents living in there, until my partner didn't follow all of the rules and regulations, so the APS came out again and arrested me with a warrant. how can i get these dropped?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024

I'm sorry to hear about your legal troubles. It sounds like a difficult and stressful situation. A few thoughts:

First and foremost, given the seriousness of felony charges, I strongly recommend consulting with a criminal defense attorney who can review the specifics of your case 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.

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: If you get arrested for the charge you was pulled over for but you have the warning ticket, is he in violation for lie

It was a brake light out, I was arrested for obstruction because I kept telling him no to a search, he got dog to sniff, found nothing in my car, but on me, in my purse. I then found out I was arrested for a brake light, but I have a warning ticket

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2024

If you were initially stopped for a brake light issue and received a warning, but were later arrested for obstruction during that same encounter, the situation seems complex. It's important to understand that law enforcement officers can conduct searches under certain circumstances, and... View More

1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: If you get arrested for the charge you was pulled over for but you have the warning ticket, is he in violation for lie

It was a brake light out, I was arrested for obstruction because I kept telling him no to a search, he got dog to sniff, found nothing in my car, but on me, in my purse. I then found out I was arrested for a brake light, but I have a warning ticket

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2024

If you were initially stopped for a brake light issue and received a warning, but were later arrested for obstruction during that same encounter, the situation seems complex. It's important to understand that law enforcement officers can conduct searches under certain circumstances, and... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: If it is first time in trouble and get a trafficking charge of Meth does Ga offer rehabilitation instead of prison?
Glenn T. Stern
PREMIUM
Glenn T. Stern pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2024

Trafficking in methamphetamine carries a mandatory minimum prison sentence. That means the judge must sentence the person convicted to serve at least a certain amount of time, depending on the amount of methamphetamine. The minimum starts at 10 years, and goes up to 25 years.

The way to...
View More

1 Answer | Asked in Criminal Law and Municipal Law for Georgia on
Q: if you open the door for a officer, is it their right to cover your ring camera without permission?

I was told by an officer, they only cover the ring camera when a person doesn’t open the door for an officer. My ring camera was not covered at the time, but as the search went on the camera was covered .

Serge Jerome Jr.
Serge Jerome Jr.
answered on Mar 29, 2024

That's tampering with evidence and is illegal. You can sue the for a civil rights violation, though your judgment would be nominal without other damages and you can file a motion to suppress any evidence obtained as a result of the search.

1 Answer | Asked in Criminal Law for Georgia on
Q: If a probation officer comes to your house, without a probation warrant is that lawful? or unlawful?

Also, if one of the officers covers your ring camera without your permission is that lawful?

Brandon Alexander Thomas
PREMIUM
Brandon Alexander Thomas
answered on Mar 28, 2024

Probation can come at any time and search your house or car without a warrant. When you are on probation, you have a 4th amendment waiver, so you have waived your rights to searches without a warrant. If they find anything illegal during the search, you are likely to be arrested and charged with a... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Georgia on
Q: I need a civil rights attorney who practices in police and federal corruption cases against public officials.

I have an entire Municipality and County conspiring against me trying to cover up a cops tyrant behaviors.

My vehicle was illegally stopped; illegally pulled from my vehicle, illegally detained and my vehicle was illegally searched.

This officer never found anything nor had any... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 28, 2024

In your search for legal assistance with your civil rights case, focusing on finding an attorney with a strong background in handling police misconduct and corruption cases is crucial. Given the complexity of your situation, involving multiple layers of government and various legal infringements,... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Georgia on
Q: Search warrant and what would make one invalid

If a search warrant describes a property incorrectly also the directions state it is on the left side of the street and actually it's on the right side and the street name is spelled wrong would any of that effect the validity of the warrant

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2024

When evaluating the validity of a search warrant, minor errors, such as the incorrect spelling of a street name or misidentifying which side of the street a property is on, are not usually enough to render a warrant invalid. Courts generally focus on whether the warrant sufficiently describes the... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Municipal Law for Georgia on
Q: have someone who had overdosed and police seized drug's from the scene. a week later put out warrant for arrest. Legal?

Have someone who had overdosed and police seized substances from the scene. a week later put out warrant for arrest. Legal? According to the amnesty laws? He should be protected from my understanding of reading these laws. Please tell me if i am misunderstanding it tho. I doesnt think i am and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 20, 2024

It sounds like you're referring to Good Samaritan laws, which are designed to encourage people to seek medical help in the event of an overdose by providing certain protections against drug possession charges. These laws vary widely from state to state, and the specifics of the protections... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Federal Crimes for Georgia on
Q: Isn't it unethical to appoint former district attorney's to the Georgia Parole Board? They can't be fair and impartial!

Who are the most powerful/influential ppl in Georgia? Some may say the Governor, other's may think the Attorney General! Dynamic's reveal the sheriff has power to arrest, the prosecutor has power to charge/prosecute/convict and the judge has power to sentence. Why do the parole board have... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 19, 2024

Your concerns regarding the composition of the Georgia Parole Board and the implications of appointing former district attorneys to such positions are understandable. The fear that these individuals might not remain impartial due to their previous roles is a legitimate concern. Transparency,... View More

2 Answers | Asked in Child Custody, Criminal Law, Federal Crimes and Family Law for Georgia on
Q: Can I get full custody of my 3 year old daughter if the mother is taking, selling and manufacturing drugs?

She also has untreated mental health issues because of drug use bipolar disorder and ptsd.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 8, 2024

If you are concerned about your daughter's safety and well-being due to the mother's involvement in drug-related activities and untreated mental health issues, you might have grounds to seek full custody. Courts generally prioritize the child's best interests when making custody... View More

View More Answers

1 Answer | Asked in Contracts, Criminal Law, Civil Litigation and Civil Rights for Georgia on
Q: got scammed by electrician - need an advise

I am using LLC to renovate an investment house.

I got scammed by electrician , he is a convicted felon, and he was unable to provide certificate to complete the city inspection as agreed with him.

Since he has financial issues, he asked me to sent the funds for this work to his... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 6, 2024

When dealing with a situation where you feel scammed, it's understandable to explore all options to recover your funds. In your case, the complicating factor is that the payment was made to the electrician's girlfriend, not directly to the electrician himself. However, if you have a... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: Can a public defender request for my bf have his charges for possession in two different counties be ran concurrent?

My bf has two separate poss charges one in Douglas and one in bartow, Douglas has offered drug court or RSAT. He’s currently waiting to be transferred to Bartow from Cobb on a new misdemeanor. He missed court for the arraignment in bartow and had a FTA. So we want to take the drug court plea and... View More

Glenn T. Stern
PREMIUM
Glenn T. Stern pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 27, 2024

Yes, I don't see a reason why a judge would not have the discretion to run one of those sentences concurrently.

1 Answer | Asked in Criminal Law for Georgia on
Q: Buddy of mine admitted guilt while under the influence. Does this still hold up or can he argue that he was too impaired

He was charged with minor consumption and public disturbance charges.

Glenn T. Stern
PREMIUM
Glenn T. Stern pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 26, 2024

I'm not sure that "I was under the influence when I admitted guilt" is a winning defense for a "minor under the influence" or a "public disturbance" charge. If you're arguing that you are too intoxicated to be believed at the time you made the confession-why... View More

1 Answer | Asked in Criminal Law, Family Law, Civil Litigation, Civil Rights and Communications Law for Georgia on
Q: The school says they have a vm left by my teen from her friend's phone to another teen, can I legally listen to it?

The call was said to happen on the weekend. Name calling and "go kill yourself" was alledgedly said.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 26, 2024

In general, accessing or listening to someone else's voicemail without their consent may not be legal and could potentially violate privacy laws. However, laws regarding consent and privacy can vary depending on your location and the specific circumstances of the situation. It's important... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.