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Georgia Civil Rights Questions & Answers
2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for Georgia on
Q: If I was arrested in Gwinnett county and I checked In with a cell phone the officers asked me my screen lock and

Searched my phone and then once bailed it was not returned to me nor was any warrant issued. Wouldn’t that be theft?

James L. Arrasmith
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answered on Jan 11, 2024

In your situation, where your cell phone was taken by the police during an arrest and not returned, several legal issues are raised. First, it's important to understand that law enforcement has certain protocols for seizing property during an arrest. However, there should be a clear process... View More

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2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for Georgia on
Q: If I was arrested in Gwinnett county and I checked In with a cell phone the officers asked me my screen lock and

Searched my phone and then once bailed it was not returned to me nor was any warrant issued. Wouldn’t that be theft?

Glenn T. Stern
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answered on Jan 11, 2024

It sounds more like the police believe there is evidence of a crime on your phone, and they are holding it to potentially use it against you (or another) for that reason in court. Unless the prosecutors make a motion to forfeit the phone-it should be returned to you at the conclusion of your case.... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Georgia on
Q: How long can a county hold you in jail for a FTA warrent?

My friend has been in jail since the 19th of Dec for a FTA warrent he didn't know he had, so he was arrested and taken to clinch county, due to the storm yesterday they canceled court, and now they won't see anyone until Feb. He also has a hold for another county for probation violation... View More

James L. Arrasmith
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answered on Jan 10, 2024

It's concerning to hear about your friend's situation. In the United States, the length of time a county can hold someone in jail for a Failure to Appear (FTA) warrant varies based on local laws and the specifics of the case. However, it is generally expected that an individual should be... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Georgia on
Q: How long can a county hold you in jail for a FTA warrent?

My friend has been in jail since the 19th of Dec for a FTA warrent he didn't know he had, so he was arrested and taken to clinch county, due to the storm yesterday they canceled court, and now they won't see anyone until Feb. He also has a hold for another county for probation violation... View More

T. Augustus Claus
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answered on Jan 10, 2024

In Georgia, the time a person can be held in jail without seeing a judge after an arrest varies. While there is a general expectation that an individual should be brought before a judge within 48 hours of arrest, certain circumstances, such as court closures or delays, can extend this period. In... View More

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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

James L. Arrasmith
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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 Criminal Law, Civil Rights and Civil Litigation for Georgia on
Q: Can I press charges against someone who incited my abusive ex to threaten me and my child? Can I also sue this person?

Prayerfully he didn’t go through with anything, but can I still sue the person who instigated, knowing our history?

James L. Arrasmith
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answered on Jan 2, 2024

In Georgia, as in many states, pressing criminal charges is typically the responsibility of law enforcement and the prosecutor's office. If someone incited your ex to threaten you and your child, you can certainly report this to the police. The police can investigate, and the prosecutor can... 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

James L. Arrasmith
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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 Civil Rights and Health Care Law for Georgia on
Q: My PCP when i got there she called 911 she told the ambulance driver to take me to Emory and they didn't

I went to my doctor's appointment at my PCP doctor and she could see i was in distress because of a fall i had. So she calls 911 and told them to take me to Emory at John's Creek hospital the ambulance driver then told her due to a new bill they passed they can take me to the nearest... View More

James L. Arrasmith
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answered on Dec 30, 2023

In situations like yours, the actions of ambulance services are often governed by specific protocols and laws. These protocols may prioritize taking patients to the nearest hospital, especially in emergency situations, to ensure prompt medical attention. This approach is commonly followed to reduce... View More

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1 Answer | Asked in Civil Rights and Criminal Law for Georgia on
Q: Can the first offenders act be used for a felony case? (For over $500 theft)

Case was shoplifting at Walmart in Cobb county in aug 2023. The defendant had over $500 in goods which is why it’s considered a felony. The defendant has no prior convictions and is technically a state resident although he is from Michigan. He has no previous convictions in Michigan as well.

James L. Arrasmith
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answered on Dec 23, 2023

In Georgia, the First Offender Act can indeed be applied to certain felony cases, including cases of theft over $500. The Act allows a defendant, who has not previously been convicted of a felony, to plead guilty or be found guilty without having a felony conviction formally entered into their... View More

1 Answer | Asked in Employment Law, Civil Rights and Federal Crimes for Georgia on
Q: I was fired from myjob for making a google review for another company and I wasn't at work

I purchased a tire from raffield tire in macon ga and I did a google review on the company and the manager Dale called to my job and told my boss that I did the google review and they was not going to do any more business with them my boss called me and said that I was fired because they loss a big... View More

James L. Arrasmith
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answered on Dec 23, 2023

In Georgia, the situation you're describing raises several legal concerns. Firstly, regarding your termination, Georgia is an at-will employment state, which generally means that an employer can terminate an employee for any reason or no reason at all, as long as it's not for an illegal... View More

1 Answer | Asked in Civil Rights and Criminal Law for Georgia on
Q: I was locked up and held with no bond, charged with possession of firearm by a convicted felon.

I’m not a felon, I did first offender and completed it in 2012. My firearm which I purchased from a pawnshop was taken from me and I was detained

James L. Arrasmith
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answered on Dec 23, 2023

In Georgia, if you have completed a first offender program successfully, your rights should be restored, including the right to possess a firearm. However, misunderstandings or errors in legal records can occur, leading to situations like the one you're facing.

It's important to...
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1 Answer | Asked in Civil Rights for Georgia on
Q: The GBI pounded on my do said they have a search warrant but showed no proof of a search warrant
James L. Arrasmith
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answered on Dec 14, 2023

If the Georgia Bureau of Investigation (GBI) arrived at your door claiming to have a search warrant but did not show it to you, it's crucial to understand your rights in this situation. Law enforcement is generally required to show and provide a copy of the search warrant before conducting a... View More

1 Answer | Asked in Civil Rights, Communications Law, Internet Law and Libel & Slander for Georgia on
Q: Router hacked by neighbors.

Router,computer,phones,tv's,camera's has been hacked for years. I pulled up router, started to look up Mac addresses the neighbor next-door neighbors name was tied to one of the Mac addresses. Her name came up associate with a Mac book. These people has been harassing,slandering,having... View More

James L. Arrasmith
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answered on Dec 5, 2023

If you believe your router and electronic devices have been hacked by your neighbors, you may want to consider the following steps:

Document Evidence: Keep records of any suspicious activities, including dates, times, and descriptions of what you've observed. This will help establish a...
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1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for Georgia on
Q: got citation for no working brake or tail lights 1 was out but mY other 2 and a half brake lights and blinkers was wrk

The searched my car and found schedule 2 pills I told them no they couldn't search n they got the dog the pills was dropped by a friend I picked them up n put n a bottle intending on throwing them away weeks ago and forgot can I get it dismissed based on the original reason they stopped me he... View More

James L. Arrasmith
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answered on Dec 5, 2023

In Georgia, if you received a citation for non-working brake or tail lights but believe this was incorrect because your lights were functioning, this could potentially be a basis to challenge the traffic stop. However, the subsequent discovery of schedule 2 pills during the search adds complexity... View More

1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: Does fourth amendment waiver apply to the garage of a residence if it's not attached to the house?

How does the waiver apply to areas that others are in? And do police have a right to search after an arrest warrant has been executed and person is in handcuffs. Basically me an my boyfriend were in the garage which is a separate building from house. Th police showed up to arrest him on a vop... View More

Serge Jerome Jr.
Serge Jerome Jr.
answered on Nov 28, 2023

It depends on whether he lives there or not. If he lives there than yes it covers the garage if it is on the same property. If the garage is on a separate property or he does not live at the residence than any search of the garage is illegal and anything found in that garage is considered... View More

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

James L. Arrasmith
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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 Civil Rights for Georgia on
Q: Police stops you. Your rights?

Stops You and asks for your ID. Your rights?

James L. Arrasmith
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answered on Nov 24, 2023

If a police officer in Georgia stops you and asks for your ID, it's important to understand your rights in this situation. Firstly, in many cases, you are required to provide your ID if the officer has a reasonable suspicion that you're involved in criminal activity. This is particularly... View More

1 Answer | Asked in Civil Rights and Criminal Law for Georgia on
Q: Can a police officer tell the media your name and how you helped arrest a gang leader and drug dealer?violation?

Told news paper the name along with every detail of how you were involved in the arrest. It's a young girl in a small town and it's the chief of police. He went into detail to the point of even telling the signal from the girl they waited on to run in and all this was told to the news... View More

James L. Arrasmith
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answered on Nov 24, 2023

Releasing detailed information about an individual's involvement in a police operation, especially to the media, can raise serious privacy and safety concerns. In Georgia, as in other states, there are legal and ethical considerations regarding the disclosure of such information, particularly... View More

1 Answer | Asked in Consumer Law, Civil Litigation, Civil Rights and Landlord - Tenant for Georgia on
Q: What are the basics of predatory practices through a property management company?

I want to know what grounds do I have as a tenant to fight for my rights against an awful and unfair property management company that preys on low income families?

James L. Arrasmith
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answered on Nov 24, 2023

Predatory practices by a property management company can take various forms, such as unfair lease terms, excessive fees, or failure to maintain safe and habitable living conditions. As a tenant, you have rights protected under Georgia law and possibly local ordinances.

Firstly, familiarize...
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2 Answers | Asked in Criminal Law, Civil Rights, Domestic Violence and Sexual Harassment for Georgia on
Q: I need an Attorney to call the Fulton County Sheriff's dept to see if there's Felony Warrants coming from Escambia Fl.

11/19/2023 Hello. I have a group of Africans that stole my identity claiming they own me. They forged fraudulent paperwork claiming they're married to me,claiming they're my financial responsibility. Claiming they own me. I found out they all served 20 years at Century Correctional... View More

Joshua Schiffer
Joshua Schiffer
answered on Nov 20, 2023

It doesn't quite work like that but you certainly need to pursue the folks trying to harm you. Since you are a victim of the fraud you need to make the appropriate reports with the appropriate authorities, as different agencies have different obligations/duties and are not going to be able to... View More

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