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Georgia Constitutional Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Georgia on
Q: How do you move for a dismissal in Georgia? There are a ton of reasons why my case should be dismissed...but no motion?

Reasons for dismissal include the fact that there wasn't sufficient grounds to bound over the charges to begin with, fabricated, and falsified police reports glaringly ovbious in the inconsistencies, officer lied in the police repiort, said he checked cameras but store owner testimony is that... View More

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answered on Jan 21, 2024

To move for a dismissal in Georgia, you need to file a motion to dismiss in the court where your case is being heard. This motion should clearly outline the legal and factual reasons why you believe the case against you should be dismissed. Given the complexities you've described, including... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Georgia on
Q: Is a judge allowed to force me to represent myself pro se even though I am indigent because my appointed lawyer quit

codef repsntd by PD's office, i was conflicted out- great relationship, negotiated agreement w/ DA- dismissal if codef admit ownership at plea entry. 5mos past and discovery was not made available. eventually attny withdraw b/c state failed to pay for services. -11mos no new appointed attny.... View More

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answered on Jan 21, 2024

You have the right to legal representation, especially if you are indigent and facing criminal charges. If your appointed attorney quits, the court is generally responsible for appointing a new attorney to represent you. It's unusual and potentially a violation of your rights for a judge to... View More

1 Answer | Asked in Constitutional Law and Criminal Law for Georgia on
Q: If it is proven that an officer lies in their police report, what can that mean for the asst charges/search/evidence?

a crash the officer said if they could find any survalievce that showed we were lying they would put out a warrant for our arrest (i was a licensed driver and not at fault, but the person who ws actually driving had a suspended license) i left the parking lot and before the light turned green they... View More

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answered on Jan 21, 2024

In Georgia, if it's proven that an officer lied in their police report, this can have significant implications for your case. The credibility of the officer becomes a critical issue, and it could lead to challenges against the charges, the search, and the admissibility of any evidence obtained... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Georgia on
Q: Can i carry a pistol in my vehicle at 19 in georgia?
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answered on Jan 14, 2024

In Georgia, the laws regarding carrying a pistol in your vehicle are specific and must be adhered to. At 19 years old, you are under the age limit for obtaining a Georgia Weapons Carry License, which is required for carrying a handgun openly or concealed on your person outside of your own property,... View More

1 Answer | Asked in Constitutional Law for Georgia on
Q: Is it illegal in the state of Georgia to carry a semi-automatic pistol with loaded chamber?
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answered on Jan 7, 2024

In Georgia, it is generally legal for a person to carry a semi-automatic pistol with a loaded chamber, provided they comply with the state's laws regarding carrying firearms. Georgia law allows individuals who have a valid Weapons Carry License (WCL) to carry a firearm in most public places,... View More

1 Answer | Asked in Constitutional Law for Georgia on
Q: can a police officer hold a city councilman position at the same time?

if a police officer has been appointed as a city councilman, can he hold both positions simultaneously ?

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answered on Jan 5, 2024

In Georgia, the ability for a police officer to also hold a city councilman position depends on specific local laws and regulations. Generally, concerns about conflicts of interest or dual office holding restrictions might apply in such situations.

Many jurisdictions have rules about...
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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Georgia on
Q: OK I’m Gwinnett county Georgia, I drove my Roommate to cash a check. They denied it and kept the check so I went inside

Asked if I could get his check back for him they denied it call the police I called the police. Also the police cited with her the lady and whoever she was talking on the phone wanted to press charges they arrested my roommate this is 15 December, and last night I seen the cop at the gas station.... View More

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answered on Jan 4, 2024

In your situation, it's important to understand your rights, especially regarding interactions with law enforcement. A police officer can approach and talk to you in public places like a gas station, but you are not obligated to answer their questions without legal representation present,... View More

1 Answer | Asked in Consumer Law, Banking, Civil Rights and Constitutional Law for Georgia on
Q: Can a check cashing facility deny to cash your check and then withhold the check from you and not return it to you GA

For any reason because it has all of your personal information on it, but yet they refuse to give it back and threaten to call the police

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answered on Jan 2, 2024

In Georgia, as in most states, a check cashing facility has the right to refuse to cash a check for various reasons, such as concerns about the check's authenticity or issues with the account it's drawn on. However, withholding the check from you after refusing to cash it typically... View More

2 Answers | Asked in Constitutional Law for Georgia on
Q: Can the police pull you over for not using a left turn signal, but your at a red light waiting for it to turn green.

In order for you to turn left, you have to wait at the red light, and in order for you to go right, you yield right on to traffic.

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answered on Jan 2, 2024

In Georgia, traffic laws require the use of turn signals to indicate a driver’s intention to turn or change lanes. This includes signaling while waiting at a red light to turn left. The law is designed to ensure that other drivers and pedestrians are aware of your intentions, contributing to... View More

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2 Answers | Asked in Constitutional Law for Georgia on
Q: Can the police pull you over for not using a left turn signal, but your at a red light waiting for it to turn green.

In order for you to turn left, you have to wait at the red light, and in order for you to go right, you yield right on to traffic.

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answered on Jan 2, 2024

Law enforcement officers generally have the authority to pull over a vehicle if they observe a traffic violation, including failure to use a turn signal. Even if you are waiting at a red light to make a left turn and not actively moving, the requirement to use your turn signal still applies.... View More

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1 Answer | Asked in Constitutional Law, Employment Law, Consumer Law and Identity Theft for Georgia on
Q: My former employer opened a prepaid debit card in my name 3 weeks after my employment ended what can I do about it?

I asked them to close it and was told it would be closed the next day but the card is still being reloaded and used. I never received a card the whole time I was employed there and I did not authorize them to open a card in my name after my employment.

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answered on Dec 20, 2023

If your former employer opened a prepaid debit card in your name without your authorization, this could be a serious issue, potentially involving identity theft or fraud. First, contact the company that issued the prepaid card and inform them that the account was opened without your consent.... View More

1 Answer | Asked in Constitutional Law for Georgia on
Q: If the police arrives at a scene and you are there, but not inside a vehicle. And they searched the vehicle and fine dri

Charged if the vehicle is not yours

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answered on Dec 1, 2023

If the police search a vehicle you're near but not inside, and they find something illegal, whether you can be charged depends on several factors. The key question often revolves around your connection to the vehicle and the illegal items found.

If the vehicle isn't yours, the...
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1 Answer | Asked in Constitutional Law for Georgia on
Q: I’m 20 and live in Georgia and my friend who is 22 wants to gift me once of his pistols. Is that legal for me to own?

Also if legal would I be able to carry it

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answered on Nov 30, 2023

In Georgia, the laws regarding firearm ownership and carrying can be specific and have certain age requirements. As a 20-year-old, you can legally own a pistol that is gifted to you. Georgia law permits individuals aged 18 and older to possess a handgun.

However, when it comes to carrying...
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2 Answers | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for Georgia on
Q: I'm in a custody battle and the opposite party is trying to change the sexual identity of my 6 year old born female

Is this illegal what can I do to stop it my daughter even kissed another girl at school she's showing her videos of this girl who's pretending to be a boy on a show called Micky and JJ my daughter acts strangely around them my lawyer won't let me call CPS what do I do

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answered on Nov 28, 2023

In a custody battle, the primary concern is always the best interest of the child. If you believe that the actions of the other party are not in your daughter's best interest, it's important to address this through legal channels. Discuss your concerns with your attorney, emphasizing the... View More

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1 Answer | Asked in Criminal Law and Constitutional Law for Georgia on
Q: Is a conviction under 1976 GA Const., Bill or rights Para IX allowing representation by counsel and defendant void?

A person suffers from decades old conviction in which said person was allowed to represent himself/herself and be represented by counsel under the GA Constitution , Bill of Rights Paragraph IX or both clause without waving his/her federal Sixth Amendment right to counsel. Defendant complained of... View More

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answered on Nov 26, 2023

In this scenario, where a conviction stems from a situation involving the right to counsel under the Georgia Constitution and the Sixth Amendment, several factors need to be considered. The complexity arises from the claim of ineffective assistance of counsel and the subsequent exhaustion of... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Federal Crimes and Criminal Law for Georgia on
Q: Should I report this person to the police?

I have an old friend. She has two biological children and a step daughter. She treats these children HORRIBLY. She’s the walking definition of FTK and has stated multiple times that she wish didn’t have children. She’s mentioned she hates her youngest, has called step daughter many... View More

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answered on Nov 9, 2023

If you have reason to believe a child is in danger or has been harmed, you should report your concerns to the police or child protective services immediately. The allegations you've mentioned are very serious, and if they are true, the children may be in immediate danger. The authorities have... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Election Law for Georgia on
Q: In Georgia, if part of a college campus is used as a polling place does HB 280 still apply or is it a gun free zone?

This is assuming that the area of campus being used for polling is not regulated as a weapons free area under Georgia’s Campus Carry Law(HB 280).

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answered on Nov 9, 2023

Under Georgia law, HB 280 allows individuals with the appropriate license to carry a concealed handgun in certain areas on public college campuses. However, this does not apply to buildings and property used for athletic sporting events or student housing, including fraternity and sorority houses.... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Georgia on
Q: Can defendents with same charge get the same bond but one has to post bond but other is set bond but lt out on own recog

Two people charged with possession of controlled substance. Both set bond, one has no priors and has lived in this town entire 28 years. Other has no job,from 5 states away just moved here and has a long criminal history. Both bonds were set at 3,000 she had to pay 500 but he was released without... View More

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answered on Nov 8, 2023

In setting bond, judges often consider various factors, including the defendant's criminal history, ties to the community, and flight risk. It's not uncommon for two individuals charged with the same crime to have different bond conditions. The fact that one person was released on their... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Georgia on
Q: What can one do if they have been sitting in co. jail for 6 mo. waiting to be sent off but no record of their sentence ?

Was sentenced to RSAT 6 mo ago but no record of sentencing on file. Just sitting there and no time is being counted towards anything!

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answered on Nov 5, 2023

If an individual has been sitting in county jail for six months without a record of sentencing, it’s crucial to take immediate action. You should request a lawyer or public defender if you don’t already have one. They can file a motion to bring this issue to the court's attention, and if... View More

1 Answer | Asked in Civil Litigation, Constitutional Law and Gov & Administrative Law for Georgia on
Q: Is there a U S Code similar to GA O.C.G.A. 24-4-23 (2010) 24-4-23. Presumption from failure to answer business letters?

During the normal course/procedures of business I write or petition the responsible Federal Agency with formal correspondence via certified mail (so I know they received it) which usually goes unanswered for several months or in most cases - never. I am being ignored or they realize their error(s)... View More

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answered on Nov 5, 2023

While there may not be an exact federal equivalent to Georgia's O.C.G.A. 24-4-23 regarding the presumption from failure to answer business letters, similar principles can apply at the federal level. For example, under the Administrative Procedure Act (5 U.S.C. § 555(b)), agencies are required... View More

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