I happened to walk outside at around 1:15 p.m. and was met by law enforcement who detained me, and I had closed my door behind me. They had a warrant for my arrest. And arrested me, directly after they entered my home uninvited, and searched it. The search warrant was signed off on at approximately... Read more »
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answered on Mar 26, 2023
It would be irresponsible for any attorney to give an opinion on the legality of a particular entry and/or search without first having the opportunity to examine the evidence and the relevant law. That being said, there do exist certain legal justifications that would allow police to enter a home... Read more »
answered on Mar 27, 2023
The purpose of a preliminary hearing, also known as a probable cause hearing, is to make sure that a person is not held in jail without some evidence to support the incarceration. So, if a person is out on bail and not in custody, there is no need for a probable cause hearing.
If the... Read more »
I've being held in a Dependency case due to a charge that is reduced and disposed of but they still hold me in jouvinile with a charge that for abuse and no charge anywhere of dui and then have me in another county sui.g me in a custody battle I never recieve any summons for I'm in 3... Read more »
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answered on Mar 11, 2023
It sounds like you may need to speak with an attorney who can review your specific case and provide legal advice tailored to your situation. It is unusual for someone to be charged for the same offense in multiple courts, especially if one of the charges has already been disposed of and... Read more »
I've being held in a Dependency case due to a charge that is reduced and disposed of but they still hold me in jouvinile with a charge that for abuse and no charge anywhere of dui and then have me in another county sui.g me in a custody battle I never recieve any summons for I'm in 3... Read more »
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answered on Mar 11, 2023
Also, it is not uncommon for an individual to face charges for the same offense in multiple courts, such as a criminal court and a dependency court. However, it is important to note that being charged in multiple courts does not necessarily mean that a person will be punished twice for the same... Read more »
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answered on Mar 2, 2023
In general, using force in self-defense is legal if you reasonably believe that force is necessary to protect yourself from imminent harm. However, the level of force used must be proportional to the threat, and you should make efforts to retreat or avoid the situation if possible. In some states,... Read more »
Im wondering if it is legal for me to watch a house to gain information on a suspect wanted for aggravated assault off duty in a normal car
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answered on Mar 2, 2023
As a general principle, law enforcement officers must adhere to the Fourth Amendment to the United States Constitution, which prohibits unreasonable searches and seizures. Surveillance of a suspect's house may be considered a search and, therefore, subject to Fourth Amendment protection.... Read more »
Secind time in 7 days now. First time deputy who was sitting at four way with another deputy in second vehicle, pulled out and went on by as i turned into parking lot of patels gas station where they were both sitting. I went in paid for gas and soft drinks walked out pumped gas got back started... Read more »
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answered on Mar 2, 2023
It is important to note that driving with a suspended license is considered a criminal offense and therefore subject to criminal laws, not civil rights laws. However, in general, law enforcement officers are required to follow proper procedures and protocols when making an arrest, and individuals... Read more »
I was sentenced as a GA first offender in 1996 and completed it in 2006. I also have a misdemeanor in 2004 and pled to 1year probation. it was an obstruction of officer. I have nothing else since 2005.
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answered on Mar 2, 2023
Under federal law, a person who has been convicted of a felony or certain misdemeanor crimes of domestic violence is prohibited from owning or possessing a firearm. However, a GA First Offender on your record does not constitute a conviction and therefore does not automatically disqualify you from... Read more »
My attorney for my state charge told me this has to be brought to federal court after the conclusion of the State's charges. Is this correct?
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answered on Mar 2, 2023
It is possible to raise violations of constitutional rights as a defense in a criminal case in Georgia Superior Court, but it ultimately depends on the specific facts and circumstances of your case. If your constitutional rights have been violated, your attorney can raise those issues as part of... Read more »
If Im traveling my privately owned automobile for personal reasons, and not a vehicle for commercial use, do the codes and statues not apply to me?
answered on Dec 4, 2022
A Georgia attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a Georgia attorney for definitive guidance per applicable vehicle & traffic laws or insurance laws, as a general matter, "vehicle" usually means a mechanically or... Read more »
answered on Sep 30, 2022
In and of itself, I don't see there being a problem with a juror being an old classmate of the judge. The primary consideration for a juror to be seated is whether or not he/she is able to be fair and impartial under the present circumstances. If the juror was an old classmate of the... Read more »
I was approached by a deputy while standing in a hotel parking lot and charged with obstruction for failure to ID, arrested and put in jail in Georgia.
answered on Aug 18, 2022
You do not have to provide ID unless you are driving a car or the officer has probable cause to suspect a crime was being committed. Thus, if the officer had probable cause to believe you were committing a crime, then any civil suit would fail. Further, suing police officers for conduct committed... Read more »
LEO's opened my gate because they suspected that a person they had an arrest warrant for was there. Which they weren't there. Did they have the right to just unlatch my gate (that has a no trespassing sign on it) and open them up, and proceeded onto my property looking for said suspect?
answered on Jul 1, 2022
Yes, if the police relied upon reasonable, articulable facts that the person they had a valid arrest warrant was on the property. It does not matter if the person was actually on the property if the above standard was met. However, the police will be limited to only search the property for where a... Read more »
answered on Apr 3, 2023
Georgia Code 45-4-14 requires the official bonds of public officers required by law to be filed in the office of the comptroller general, Secretary of State, or with the office of the governor within 40 days after their election or appointment.
Employed 12+yrs,FMLA for my disabled child/I self have a medical condition can’t lift over 50lbs Because I refused to go work in a different dept. that wasn’t my job description or duty it required me to lift over 50lbs I was fired.Manager was angry because I called HR corporate because of my... Read more »
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answered on Mar 2, 2023
It is illegal for an employer to discriminate against an employee on the basis of a medical condition or the need to take FMLA leave. If you were fired because of your medical condition or because you exercised your FMLA rights, you may have a legal claim for wrongful termination. It is recommended... Read more »
He was also given paperwork to sign without counsel present under the assumption that it was the statement he had just made, but really he had unknowingly signed away his rights... He was incarcerated on 12/30/2021 where he has been held without bond( no bail hearing given) , or evidence,.. the... Read more »
answered on Jan 14, 2022
He needs to act fast to get Habeas Corpus relief. If he can get out of custody, he will be in a much better position to pursue his other claims involving this experience.
answered on Jan 6, 2022
It should, but you should check with the clerk of the court that sentenced you to first offender probation to be sure.
The police arrived to my home and stated to us that they were charging her with criminal trespass (family violence) which didn’t make sense . We questioned them howeever they booked her into the jail for smash and grab burglary , purchase of alcohol being a minor , and possession of marijuana... Read more »
answered on Oct 12, 2021
She will have to either hire a private attorney or be assigned a public defender to help defend these serious charges, which could and should have been avoided by not calling the police in the first place. Whether you want press charges or not against your daughter is out of your hands because now... Read more »
I was stopped for not having on my selt belt. The officer asked for my license which I gave him. He then went to his car and ran my license. It came back expired by one month. He asked if I knew about it I said no and he handed me back my license. He then when to another officer and was speaking to... Read more »
answered on Aug 17, 2021
Sounds like a standard fishing expedition and you need to get a lawyer to file a motion to suppress.
The cops are allowed to intercept folks if they have probable cause that a crime is occurring (seat belt) and then commonly use that as an entry point for additional investigation. It is... Read more »
They kept her in room without lunch all day instead of going to class
answered on Aug 17, 2021
There should be some sort of written reason offered by the school. You need to schedule a meeting with the administration and get to the bottom of the disparate treatment.
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