Ask a Question

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

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Georgia Constitutional Law Questions & Answers
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
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
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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

View More Answers

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

View More Answers

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

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.

Glenn T. Stern
PREMIUM
Glenn T. Stern pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 5, 2024

It sounds like from what you described that the police did have a valid warrant, but that it was executed without knocking. It's really not possible for an attorney to figure out what exactly happened here without more information. There may have been circumstances that allowed the police to... 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 Appeals / Appellate Law, Constitutional Law, Family Law and Juvenile Law for Georgia on
Q: How do i initiate recusal of an acting Juvenile Court Judge whom violated my civil rights and is extremely bias and init

Initiate a lawsuit against cps investigator whom violated intentionally the newly approved bill 133 and intently wanted to cause emotional turmoil and tort against me

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2024

Initiating a recusal for an acting Juvenile Court Judge involves a specific legal process. If you believe the judge has violated your civil rights and demonstrated bias, you should first consult with an attorney experienced in juvenile court matters. They can advise on the merits of your case and... 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 Civil Rights and Constitutional Law for Georgia on
Q: This question is in regards to Georgia law. Can I purchase a handgun at 18 through a private sale?

If it is possible where in the law does it say so and what would you recommend have done to prove the sale? Like a bill of sale?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 24, 2024

In Georgia, you can indeed purchase a handgun at 18 through a private sale, although there are specific legal stipulations to consider. Under federal law, individuals must be at least 21 years old to purchase handguns from licensed dealers. However, private sales between individuals do not fall... View More

1 Answer | Asked in Constitutional Law and Family Law for Georgia on
Q: when a cps investigator failed to go by proper procedure and intentionally acted in a manner act on an emotional tort

and failed to show proof of a court order and supervisors information in regards that i recinded a kinship agreement that she threatened me into signing almost a month prior without explaining the reason for doing so no explaining nor producing details to the document. Two days before the 30th day... 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 23, 2024

In cases where a Child Protective Services (CPS) investigator has not followed proper procedures, acted on a personal bias, or failed to provide necessary documentation and explanations, you may have grounds to take legal action. This could include suing for intentional infliction of emotional... 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.