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Georgia Municipal Law Questions & Answers
0 Answers | Asked in Car Accidents, Criminal Law and Municipal Law for Georgia on
Q: My car was stolen. I reported it stolen within 18 hours and gave the officer the names of the two people who stole it.

Three days later it was wrecked into a telephone pole causing $6,700 in damages. I was never notified it was recovered, but called the towing company and they confirmed they had it and I was charged $350 to pick it up. There was plenty of evidence in the car, but not collected by the Sheriff’s... View More

0 Answers | Asked in Criminal Law and Municipal Law for Georgia on
Q: are body cameras legal for a resident of Georgia to wear in public places like grocery stores, departments or business

Are body cameras legal for a resident non law enforcement to wear in Georgia. Like stores and business

0 Answers | Asked in Insurance Bad Faith, Insurance Defense and Municipal Law for Georgia on
Q: I was not given the chance in court to show the proof (a video from the owner showing the VIN numbers) insurance.

I went to my second court date for a no insurance citation in lake park Georgia. I was not even given the opportunity to show the video of the vehicle that I was cited in to have the proper insurance. They didn't go by the date I was pulled over to find valid insurance records. I am not the... View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for Georgia on
Q: Can a resident manager of a mobile home park in the state of Georgia fine a resident for running a stop sign in the park
James L. Arrasmith
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answered on Apr 10, 2024

In the state of Georgia, a resident manager of a mobile home park generally cannot directly fine a resident for running a stop sign within the park. Traffic violations are typically enforced by law enforcement officers, not private property managers.

However, the mobile home park may have...
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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, 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
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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 Civil Litigation and Municipal Law for Georgia on
Q: Auto left on my property about 7 years ago. Owner refuses to have it removed. What is my recourse?

the auto does not run. I contacted the owner several times and he always promises to have it removed but never does.

James L. Arrasmith
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answered on Mar 2, 2024

In this situation, you may have legal recourse to address the abandoned vehicle on your property. Firstly, familiarize yourself with the laws and regulations regarding abandoned vehicles in your jurisdiction. These laws typically outline the process for dealing with abandoned vehicles and may... View More

2 Answers | Asked in Car Accidents and Municipal Law for Georgia on
Q: I was driving down the street and a property owner had his trash can near the road way n I hit it.

I was driving down the street and a property owner had his trash can near the road way n I hit it with my vehicle I broke my mirror.

I reported it to police they said I'm at fault but after doing some digging the city ordinance prohibited his trash being placed there on the incident... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 22, 2024

In order for someone to be liable for your damages, their negligence must have been the cause of the damage. Here, what you describe is that the cause is your inattention, not that the object was at the street.

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1 Answer | Asked in Gov & Administrative Law and Municipal Law for Georgia on
Q: I need avid fo proof that I lived a address from January 1 2018 to December 2018 don't have a lease agreement .

Have a tax I payments from a car registration and a nailer that can verify

James L. Arrasmith
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answered on Feb 23, 2024

To prove your residency at a specific address from January 1, 2018, to December 2018 without a lease agreement, you can utilize alternative documentation such as tax payments, car registrations, and utility bills. These documents serve as evidence of your connection to the address during the... View More

1 Answer | Asked in Civil Litigation and Municipal Law for Georgia on
Q: Can the police come to my yard and tow my truck without my permission

They came to my house and said that I don't have insurance. I showed them proof of insurance, my registration, and my license and they still took it. This is the second time. The fist time I had to pay 1,200 dollars to get my truck back.

James L. Arrasmith
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answered on Feb 4, 2024

In the United States, law enforcement agencies generally have the authority to tow a vehicle if they believe it is in violation of certain laws or poses a threat. However, the specific circumstances vary by state and local regulations.

If you have valid proof of insurance, registration,...
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1 Answer | Asked in Real Estate Law, Tax Law, Collections, Federal Crimes and Municipal Law for Georgia on
Q: So the city has annexed a distillery that is on a county road which should be out side city limits but they say they

Have the highway county does not allow sales outside Gilmer -city of ellijay - very weird but we are wanting to move in the area with our property but they put up signs and looks horrible

James L. Arrasmith
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answered on Dec 25, 2023

In your situation, where a city has annexed property that includes a distillery on a county road, there are a few steps you can take to address your concerns. First, it's important to understand the specifics of the annexation process. Typically, a city can annex adjacent areas through legal... View More

1 Answer | Asked in Gov & Administrative Law, Land Use & Zoning, Real Estate Law and Municipal Law for Georgia on
Q: What are the rules of property boundaries in the city of Rincon and state of georgia?

My Difficult neighbor is trying to state that where the boundary line begins/ends to My property actually is 5 to 7 feet away from the rock That has been placed as a marker by the surveyors of plots/property ownership, Hence saying that I am unable to put a fence up where the actual block to divide... View More

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answered on Nov 7, 2023

Property boundaries in Georgia are generally determined by a recorded plat, a legal land survey, or the property deed descriptions. If there is a dispute about where the actual boundary lies, it's usually necessary to get a new survey conducted by a licensed land surveyor. In Rincon, as... View More

1 Answer | Asked in Land Use & Zoning, Municipal Law and Real Estate Law for Georgia on
Q: What can I do if someone left a camper on my property over a year ago. Can I remove it from my property without any lega
T. Augustus Claus
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answered on Sep 29, 2023

The laws concerning abandoned property vary by jurisdiction, but you may need to go through a legal process to remove the camper. Generally, this involves notifying the owner and giving them a certain amount of time to remove it before you can take action. Failure to follow the proper procedures... View More

1 Answer | Asked in Real Estate Law, Municipal Law and Land Use & Zoning for Georgia on
Q: Do I need a permit for a 50' antenna tower?

I'm in Grovetown, I want to put up a 50-foot tower in my yard for a CB antenna. Do I need a permit, If so how to get it? My yard is 2 acres, there's a neighborhood wrapping around one corner, one side has a street, and the other side is a house with a few acres. plz help and thx.

T. Augustus Claus
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answered on Aug 3, 2023

In Georgia, the requirements for permits for antenna towers may vary depending on the local zoning and building regulations in your specific area, such as Grovetown. Typically, the need for a permit may be determined by the height of the tower and other local regulations.

1 Answer | Asked in Traffic Tickets and Municipal Law for Georgia on
Q: 1) If a car is parked legally and there is no indication of a crime, can a PO randomly run a tag?

...and then 2) If the car is found to not be currently insured, can the PO wait until the car is driven to issue a ticket, or does he have an obligation to prevent the crime? (Since I was standing and sitting near or in the car for a few hours prior to driving and saw the officer / made eye contact... View More

Glenn T. Stern
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answered on Jul 28, 2023

Yes, you have no right to privacy over your license plate. It's observable to the public so you have no expectation of privacy. Furthermore, some police now have technology in their vehicles that automatically scans all the license plates around the police car, runs them, and then alerts the... View More

1 Answer | Asked in Landlord - Tenant and Municipal Law for Georgia on
Q: My apartment complex will not fix my Central AC unit. I have been without AC for over 30 days with no insight of when it

Will be fixed. They haven’t offered any kind of help (window unit, fan, etc) it gets over 90 degrees in my apartment.

T. Augustus Claus
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answered on Jul 28, 2023

Georgia, landlords are generally required to provide essential services, including working air conditioning, to tenants. If your central AC unit has been non-functional for over 30 days and the landlord has not made any effort to repair or provide an alternative solution, it may be considered a... View More

1 Answer | Asked in Municipal Law for Georgia on
Q: Is there a form I must file in order to request that a municipal court transfer citations to a higher court
Joshua Schiffer
Joshua Schiffer
answered on May 5, 2023

Only SOME cases in muni court can be transferred to a State or Superior Court. It depends on the charge as well as how the state choose to charge it.

DUI and more substantive crimes almost always can be bound over to a trial court, you just need to file a Jury Demand or a motion to bind...
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1 Answer | Asked in Criminal Law and Municipal Law for Georgia on
Q: never left the store or came back when I realized the item didn’t go through on the Apple Pay is that still shoplifting
Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Feb 8, 2023

In determining whether a person had the intent to shoplift, the courts will usually look at whether you or the accused passed all points of sale (all registers, cashiers, self-check out, etc.). It depends on where you were in the store when they stopped you.

1 Answer | Asked in Criminal Law, Traffic Tickets and Municipal Law for Georgia on
Q: O.C.G.A. 40-6-395 Is this a conviction of this crime and is this right?

I had an incident where I was speeding, I got scared when i saw the police lights, and ran from the officer in my vehicle, then calmed down and left my car in park to walk back to where the officer had stopped to turn myself in. In court, the judge ruled it as a traffic infraction with no points... View More

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 18, 2022

DDS is an executive agency with its own policies and rules, which the Georgia Legislature delegated the legislative authority to DDS to make. An answer explaining separation of powers, the non-delegation doctrine, and that it is a privilege, not a right, to drive in Georgia would require a lengthy... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Municipal Law for Georgia on
Q: She got into a altercation with a minor wasn't aware of her age no injuries we're sustained but it's a possible video

Don't know if the parents are pressing charges & for the moment she is in jail and bond is posted and already had a court appearance but asked for a court appointed lawyer & he hasn't showed nor called her & the charges she have is Aggravated assault (Felony) Cruelty to... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Sep 7, 2021

The first and only thing she should do now is secure defense counsel. She should not be speaking with anyone about the situation - period. Only discussions with legal counsel are protected.

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