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Georgia Constitutional Law Questions & Answers
2 Answers | Asked in Criminal Law, Constitutional Law and Legal Malpractice for Georgia on
Q: In a crimenal case if I pea guilty does my lawyer have the rite to say I cannot withdraw my plea

I plead guilty to a felony crime because the lawyer wouldn't help in any just kept telling me it would be best to plead guilty a blind plea then when he handed the judge the paper work he said I also put on here he could not withdraw his plea does a lawyer have that kind of say

R. Blake Morton
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answered on Sep 5, 2024

In Georgia, if a Defendant enter a blind plea, that is a plea that is not based on a recommendation from the State, then the Defendant has no right to withdraw their plea if they are given a sentence that they are unhappy with. When you plea under a negotiated plea, one with a recommendation, if... View More

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2 Answers | Asked in Criminal Law and Constitutional Law for Georgia on
Q: Is there a difference if I were charged with 16-5-70(a) but indicated on 16-5-70(b)
John Kim
John Kim
answered on Aug 15, 2024

Yes, legally there is a difference, since (a) and (b) under the statute have different elements for cruelty to children in the first degree. Once you are arrested, the prosecutor evaluates the evidence to determine how and what charges you are indicted for. Afterwards, the indictment is the formal... View More

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1 Answer | Asked in Criminal Law and Constitutional Law for Georgia on
Q: the police came in my house said he had a serch warrant i never saw i went to the clerk she said none on file can i su

can i do something about also the DAHas false statements on my crimenal back ground

James L. Arrasmith
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answered on Jul 21, 2024

If the police entered your house without showing a search warrant, you may have grounds to challenge the legality of their actions. Start by documenting everything that happened, including the names of the officers, the date, and the time of the incident. Visit the clerk’s office again to confirm... View More

1 Answer | Asked in Constitutional Law for Georgia on
Q: How do I get a lawyer to file a lawsuit against police that will take my case and get paid when we win?
James L. Arrasmith
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answered on Jul 21, 2024

To find a lawyer who will take your case against the police and get paid only if you win, start by looking for attorneys who work on a contingency fee basis. These lawyers don't charge upfront fees but take a percentage of the settlement or award if you win the case. This arrangement is common... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Georgia on
Q: I need to file a lawsuit against a police officer for illegal search and seisure

He came in my door didn't knock had his gun pointed at me ànd told me to put my hands behind my back so I did he said he had a search warrant but I never saw one so when I got out of jail i. Went to the clerk of court and ask for a copy of it she said there were none on file

James L. Arrasmith
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answered on Jul 21, 2024

You have the right to seek legal action against the police officer for an illegal search and seizure. If the officer did not present a search warrant, and the clerk of court confirmed there is no record of one, this could indicate a violation of your Fourth Amendment rights. Document every detail... View More

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.

James L. Arrasmith
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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 Constitutional Law for Georgia on
Q: Is it legal in Georgia for police to seize Saliva DNA from dental property of a suspect who hasn't been arrested ?

In reference to this question let's say police follow a suspect to a dental clinic and swab the suspects dental property such as dentures or the carrying case itself, while the suspect is receiving dental treatment by their dentist and is unaware of this seizure and has given no consent and... View More

James L. Arrasmith
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answered on Jun 17, 2024

If the police seize saliva DNA from dental property without your consent, it may raise serious Fourth Amendment concerns. The Fourth Amendment protects against unreasonable searches and seizures, meaning that a warrant or probable cause is generally required for law enforcement to conduct a search... 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

James L. Arrasmith
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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

Q: Are body cameras legal for a person to wear in georgia

Are body cameras legal for a regular person to wear

Non law enforcement

James L. Arrasmith
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answered on Jun 2, 2024

In Georgia, it is generally legal for a regular person to wear a body camera. However, you need to be mindful of privacy laws and consent requirements. Recording conversations without the consent of at least one party involved can be a violation of Georgia's wiretapping law.

When you...
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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
James L. Arrasmith
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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 Constitutional Law and Gov & Administrative Law for Georgia on
Q: I saw a no weapons sign at the braves stadium in Atlanta and it had this code number on it. GA Code § 16-11-127 (2022)

I looked up the code here and to me it seems like it only applies to court houses, jails, places of worship, and nuclear power plants. So I was wondering if this code also applies to ball parks or if this sign is being wrongly applied.

James L. Arrasmith
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answered on Jun 1, 2024

It's understandable to be confused about the application of the Georgia code you mentioned. GA Code § 16-11-127 outlines restrictions on carrying weapons in specific locations, including courthouses, jails, places of worship, and nuclear power plants. However, it also allows private property... View More

1 Answer | Asked in Constitutional Law and Personal Injury for Georgia on
Q: my father beat me when i was 16 the police was called but nothing happened to him because he is friends with the officer

i have police report that says it was child abuse medical records saying i have bruising cause by my dad weeks after it happened day by day photos. and because my dad and the police officer talked to the DFCS they turned everything around on my mom they made my mom take therapy at my dad's... View More

James L. Arrasmith
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answered on May 24, 2024

I'm deeply sorry for what you've endured. Given your deadline in June, it's essential to act quickly. Your situation involves potential claims against your father, the police officer, and DFCS for abuse, misconduct, and negligence.

First, gather all your evidence, including...
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1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Georgia on
Q: I recently discovered that my sentences are void. Upon remand for resentencing, can I receive more prison time? (GA)

Case law supports my claims, the Court of Appeals will remand for resentencing. 4 of my 5 sentences are void, will the appellate court vacate them all because they were part of the same judgment?

James L. Arrasmith
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answered on May 19, 2024

If your sentences are found to be void and the Court of Appeals remands for resentencing, it is possible that you could receive more prison time, but this depends on various factors. The appellate court typically vacates all sentences that are part of the same judgment if they are intertwined.... View More

2 Answers | Asked in Criminal Law and Constitutional Law for Georgia on
Q: Can an active first offender case be used to enhance a sentence under the 17-10-7 statue?
James L. Arrasmith
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answered on Jun 2, 2024

Under Georgia law, an active first offender case generally cannot be used to enhance a sentence under the 17-10-7 statute. The First Offender Act is designed to give individuals a second chance by not considering the first offense as a conviction, provided they comply with the terms of their... View More

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2 Answers | Asked in Criminal Law and Constitutional Law for Georgia on
Q: Can an active first offender case be used to enhance a sentence under the 17-10-7 statue?
Glenn T. Stern
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answered on May 4, 2024

After the state provides sufficient notice, OCGA § 17-10-7 requires that a trial court sentence a defendant to the maximum under subsection (a) if the defendant already has a felony conviction and commits a new felony while incarcerated, or (c) on a subsequent felony conviction after a defendant... View More

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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

James L. Arrasmith
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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 Constitutional Law and Contracts for Georgia on
Q: WAIVER AND RELEASE UPON FINAL PAYMENT. The "NOTICE" is 60 days , current law is 90 days. Which date is enforceable?

THE Form that was signed was supplied by the GC in the close-out documents. 60 days is getting close.

James L. Arrasmith
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answered on May 1, 2024

In the situation you've described, where there is a discrepancy between the notice period stated in a document supplied by the general contractor and the current legal requirement, the enforceable date usually defaults to the one that complies with current law. In your case, if the law... 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?

James L. Arrasmith
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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?

James L. Arrasmith
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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 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

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