Get free answers to your Civil Rights legal questions from lawyers in your area.
The indictment is word as is are charged as party and party to the crime but does not say which is which is this flawed
answered on Dec 9, 2024
The specific language used in the indictment is very important. Flaws within the indictment can significantly impact the outcome of the case. For example, if challenged and the indictment fails to properly allege the crime, the entire case must be thrown out regardless of the evidence. Depending on... View More 
Investigators stated it's your unlucky day we're doing it by lottery and we're searching everyone in the neighborhood that has the fourth waiver. Probation officer was unaware they were doing this and is still unaware
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answered on Nov 14, 2024
Normally, you would be protected from such a search by the Fourth Amendment. However, with such a waiver, it usually means you've specifically signed away any right you would otherwise have to contest a search by probation or any law enforcement officer as a term of probation. Probation is an... View More
My son has valuables in his dad's storage that he has a key to. But my husband changed the code so we couldn't get in. What can we possibly do to get his stuff?
answered on Sep 4, 2024
If the owner will not give you access to the area then you will need a court order to obtain your belongings. Which means when you file for divorce, you address to either the court, or in your agreement, what things you have to obtain from any residence. And the court will determine a date and... View More
I have joint custody.My daughter lives with her dad (in Newnan Georgia..(he is domicile parent)She is currently in the hospital due to suicide.Im now wanting full custody what can I do.
answered on Sep 4, 2024
File for a modification of custody and the best advice I can give is to hire an attorney to assist you in this action. And if the father has primary physical custody you should file the action where the father lives, as he is the defendant.
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
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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
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
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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... View More
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
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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.... View More
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:... View More
Threats of throwing me out n 7 days cussed at screamed yelling at called out of my name
Can I do anything legally
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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... View More
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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... View More
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
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
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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
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
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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... View More
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
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
2 months later she found out what dept has her phone and they said they wasn't going to release it to her.
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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
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
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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
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
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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
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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... View More
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