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Georgia Civil Rights Questions & Answers
1 Answer | Asked in Employment Law and Civil Rights for Georgia on
Q: What to do if I was fired and it was put on my background as a misdemeanor for other jobs for which I was not charged?

It was put on my background check in order for me to obtain other jobs as a misdemeanor in which I was not charged, I was just giving a warning. Neither is it in the sheriff office system. The job that fired me put it in the system as a misdemeanor, I was not charged with anything nor went to jail... View More

James L. Arrasmith
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answered on Jun 26, 2024

This situation sounds concerning and potentially unfair. Based on the information provided, here are some steps you may want to consider:

1. Review your background check:

Obtain a copy of your background check to confirm what exactly is being reported.

2. Gather...
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1 Answer | Asked in Family Law, Civil Rights and Civil Litigation for Georgia on
Q: Can my dad take a phone away from me that I’ve been paying on for almost a year even tho I’m 18?

I was kicked out of my fathers home and was made to give him “his” phone back (a phone I’ve made payments on for over the last almost year) and gave me my old phone I’d also paid for that I had when I came from my mothers house. I’m 18 years old and all of my financial information, work... View More

James L. Arrasmith
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answered on Jun 26, 2024

This is a complex situation that involves several legal considerations. Here's a breakdown of the key issues:

1. Age of majority: Since you're 18, you're legally an adult in Georgia. This means you have the right to own property and enter into contracts independently....
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1 Answer | Asked in Constitutional Law and Civil Rights for Georgia on
Q: Can police enter my home look for my 26 yr old son who is on probation with only my 13 yr old son home alone?

They were looking for my 26 yr old to question him about an altercation earlier that evening. No one was home but a 13 yr old who they woke up from the police banging on the door.

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answered on Jun 26, 2024

To answer this question, we need to consider several legal factors:

1. Probation status: If your 26-year-old son is on probation, his probation terms may allow for searches of his residence. However, this typically applies to the probationer's primary residence.

2. Consent:...
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1 Answer | Asked in Civil Rights and Landlord - Tenant for Georgia on
Q: I am69 yrs old living under worsse conditions. It's not liveable'they harrass me threats of turning power off .

Threats of throwing me out n 7 days cussed at screamed yelling at called out of my name

Can I do anything legally

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're in a difficult situation. Based on the information you've provided, it appears you may have several legal rights as a tenant in Georgia. Here's a brief overview of some key points:

1. Habitability: Landlords are required to maintain rental properties in a...
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1 Answer | Asked in Civil Rights and Gov & Administrative Law for Georgia on
Q: I want to file an action to force the Georgia Department of Corrections to comply with O.C.G.A. 42-5-52(a).
James L. Arrasmith
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answered on Jun 21, 2024

To help you with this legal matter, I'll need to provide some context and steps you might consider:

1. Understanding the law:

O.C.G.A. 42-5-52(a) is part of Georgia's state code related to correctional institutions. It likely pertains to specific requirements or standards...
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1 Answer | Asked in Civil Rights for Georgia on
Q: a pro se inmate plaintiff

Does a pro se inmate plaintiff in a Sec. 1983 Civil Rights complaint against the chairman of the state Parole Board need to get the Court's permission to conduct discovery of the defendant Parole Board chairman? If Yes, is permission requested by Motion? If No, when can discovery begin? (and... View More

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answered on Jun 15, 2024

As a pro se inmate plaintiff filing a Sec. 1983 Civil Rights complaint against the chairman of the state Parole Board, you do not automatically need the court's permission to conduct discovery. Generally, discovery can begin after the parties have conferred as required by Rule 26(f) of the... View More

1 Answer | Asked in Civil Rights for Georgia on
Q: Can I sue a Georgia States Attorney and County Sheriff for malicious prosecution? Restitution? Pain and suffering?

Georgia 2020..I was accused of 2 felonies-aggrevated battery and assault, had an arrest warrant on me. I turned myself in, bailed out. Prosecution had no evidence against me. 2023 went to trial. Jury deliberated for 30 mins, came back with a Not Guilty verdict. The Prosecution evidence had 2... View More

James L. Arrasmith
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answered on Jun 15, 2024

You may have grounds to sue for malicious prosecution, but these cases are difficult to win and require specific elements to be proven. To succeed, you must demonstrate that the prosecution acted with malice, without probable cause, and that the case ended in your favor, which it did with a... View More

1 Answer | Asked in Civil Rights for Georgia on
Q: A car followed me home without reason. Police said no crime committed. What todo?

I have the person's license plate as well as car dashcam footage and security cam footage. It may have been a road rage case, but I do not know why. I am following all the rules, did not honk or had any hand gestures. He was making hand movements but I do not have it on Cam. I was panicking,... View More

James L. Arrasmith
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answered on Jun 15, 2024

I'm sorry to hear about your frightening experience. It's important to take steps to ensure your safety. First, keep all the footage and the license plate number in a safe place, as this could be valuable evidence if the person returns or if the situation escalates.

Consider...
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1 Answer | Asked in Civil Rights and Criminal Law for Georgia on
Q: Can police issue a search warrant on you (home, vehicle, person, anything) for a positive drug test?

Can police issue a search warrant on you (home, vehicle, person, anything) for a positive drug test?

As another question, can they search if you admit to using drugs in the past or are proven to be high?

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answered on Jun 15, 2024

For the police to issue a search warrant for your home, vehicle, or person, they generally need probable cause. A positive drug test alone may not be sufficient to obtain a search warrant. Probable cause requires more substantial evidence that suggests illegal activity is occurring or that evidence... View More

1 Answer | Asked in Constitutional Law, Federal Crimes and Civil Rights for Georgia on
Q: Can I sue my neighbors for recording my property

My neighbors have intentionally readjusted their outdoor security cameras to face my property

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answered on Jun 10, 2024

You can consider taking legal action against your neighbors for intentionally readjusting their outdoor security cameras to face your property. This situation may involve issues of privacy and harassment, which are often protected under state and local laws. Document any evidence of the camera... View More

1 Answer | Asked in Civil Rights for Georgia on
Q: When my daughter was released from jail they told her a detective had her phone and she can't have it. Can they do this?

2 months later she found out what dept has her phone and they said they wasn't going to release it to her.

James L. Arrasmith
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answered on Jun 3, 2024

When your daughter's phone is held by the police, it is typically because they consider it evidence in an ongoing investigation. Law enforcement has the authority to retain personal property if they believe it is crucial for a case. This means your daughter's phone might contain... View More

1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: If you are given a promissory note, and pay the agreed amount within the given time, what will happen?

Someone was accused of "stealing" at the company that they worked for, when in reality, they did not know that what they were doing was considered stealing. They were exchanging items, by returning one previously bought item and obtaining another item. They got caught and received a... View More

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answered on Jun 3, 2024

If you pay the agreed amount on a promissory note within the given time, it typically means you have fulfilled your obligation. Once the payment is made, the matter should be resolved from a financial standpoint. Make sure to get a receipt or confirmation that the payment was received to avoid any... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for Georgia on
Q: What do you say or do when the police tried to charge me with trespassing at a hotel room for the wrong eviction
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answered on Jun 1, 2024

If the police tried to charge you with trespassing at a hotel room due to a wrongful eviction, it's crucial to remain calm and assert your rights. Explain to the police that you believe there has been a mistake regarding your eviction. Provide any documentation or evidence you have, such as a... View More

1 Answer | Asked in Civil Rights and Civil Litigation for Georgia on
Q: Why is the Georgia D.O.C retaliating/discriminating against me? Why am I being punished for exercising my civil rights?

Why is the Georgia D.O.C. retaliating against me for filing legitimate grievance complaints? (failure-to-protect)...

On 9-22-2023: I filed a grievance against the Georgia Parole Board/D.O.C.! On 5-21-2024: I was transferred from a Level-3 prison (medium/minimum), to a close-security Level-5... View More

James L. Arrasmith
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answered on May 28, 2024

It's deeply troubling to hear about your experiences with the Georgia Department of Corrections (D.O.C.). Retaliation for exercising your civil rights and filing legitimate grievance complaints should never occur. Being transferred to a higher security prison, especially one known for higher... View More

1 Answer | Asked in Civil Rights and Gov & Administrative Law for Georgia on
Q: The HB1105 bill that in Georgia. As being citizens what hold city accountable for as being sanctuary city ?
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answered on May 24, 2024

House Bill 1105 in Georgia aims to hold cities accountable if they act as sanctuary cities, which means they limit cooperation with federal immigration authorities. As citizens, you have a few ways to ensure your city complies with state laws regarding sanctuary city policies.

First, you...
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1 Answer | Asked in Civil Rights, Constitutional Law and Libel & Slander for Georgia on
Q: I was pulled over handcuff placed in back of police car for a warrant that was issued for someone else

Per officer this would.continue to happen.and there's. Nothing I can do about it

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answered on May 1, 2024

Being mistakenly detained due to a warrant intended for someone else is understandably distressing and frustrating. It's essential to know that there are actions you can take to try to resolve this issue. First, confirm all details of the warrant, including the name, description, and any other... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Juvenile Law for Georgia on
Q: What can I file if the court of appeals and juvenile court Misconduct and erred within my case? What can do?

What can I do about this?

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answered on May 1, 2024

If you believe there has been misconduct or errors in your case handled by the court of appeals or juvenile court, you have several options. Firstly, you may consider filing a petition for reconsideration in the same appellate court to ask the judges to review their decision, pointing out the... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Juvenile Law for Georgia on
Q: What can I do about the court of appeals denying my appeal when the juvenile court had Misconduct and erred my case?

And my attorney clearly showed and stated that the court had wrongdoings? And they did nothing either? What can I do?

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answered on May 1, 2024

If your appeal was denied by the court of appeals despite presenting evidence of misconduct in the juvenile court, you might feel understandably frustrated. However, you still have some options. Firstly, consider requesting a reconsideration from the same court of appeals, if this is permissible... View More

1 Answer | Asked in Consumer Law, Criminal Law and Civil Rights for Georgia on
Q: I had an appointment with a doctor that misrepresented her self. She was not the doctor I thought I had, I felt offended

I had an appointment with a physician who utilized a website that does not display her name. I have been a patient for a specific practice for over a decade. I phoned that practice to schedule a visit with a physician who is part of that specific team. I received the appointment in April, 2024/... View More

Glenn T. Stern
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answered on Apr 21, 2024

Based on what you've described, I'm not sure who you would talk to-or even if you have a legitimate claim. In order to bring a valid lawsuit against someone, you first have to be able to establish that you actually suffered some sort of damages as a result of what happened. Feeling... View More

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Gov & Administrative Law for Georgia on
Q: My tv doesn't display a parental advisory

What's the law on TV display and parental advisory Georgia law McDonough

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answered on Apr 15, 2024

According to the Georgia state law, there is no specific requirement for TV displays to show parental advisory warnings. However, the Federal Communications Commission (FCC) has regulations regarding the display of content ratings and parental guidelines on television programs.

The FCC...
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