Lawyers, Answer Questions  & Get Points Log In
Georgia Civil Rights Questions & Answers
1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for Georgia on
Q: How to get kids from CPS when you have had no allegations against you.

I was arrested for a traffic ticket and my kids were with me. My mother wouldn't get them and the lady wouldn't let my friend get em. My stepdaughter and their aunt tried. CPS lady said they had a hearing and daughter and aunt went to the court house and was told there was no hearing. At... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 16, 2023

You said that the children were left with you, but it is unclear whether there was an order awarding you custody or guardianship. I think you should speak directly with an attorney so you can provide more details about what rights you have to the minor children, then that attorney can determine... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Federal Crimes and Criminal Law for Georgia on
Q: Should I report this person to the police?

I have an old friend. She has two biological children and a step daughter. She treats these children HORRIBLY. She’s the walking definition of FTK and has stated multiple times that she wish didn’t have children. She’s mentioned she hates her youngest, has called step daughter many... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 9, 2023

If you have reason to believe a child is in danger or has been harmed, you should report your concerns to the police or child protective services immediately. The allegations you've mentioned are very serious, and if they are true, the children may be in immediate danger. The authorities have... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Election Law for Georgia on
Q: In Georgia, if part of a college campus is used as a polling place does HB 280 still apply or is it a gun free zone?

This is assuming that the area of campus being used for polling is not regulated as a weapons free area under Georgia’s Campus Carry Law(HB 280).

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 9, 2023

Under Georgia law, HB 280 allows individuals with the appropriate license to carry a concealed handgun in certain areas on public college campuses. However, this does not apply to buildings and property used for athletic sporting events or student housing, including fraternity and sorority houses.... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Georgia on
Q: Can defendents with same charge get the same bond but one has to post bond but other is set bond but lt out on own recog

Two people charged with possession of controlled substance. Both set bond, one has no priors and has lived in this town entire 28 years. Other has no job,from 5 states away just moved here and has a long criminal history. Both bonds were set at 3,000 she had to pay 500 but he was released without... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 8, 2023

In setting bond, judges often consider various factors, including the defendant's criminal history, ties to the community, and flight risk. It's not uncommon for two individuals charged with the same crime to have different bond conditions. The fact that one person was released on their... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Legal Malpractice for Georgia on
Q: If the superior court is Federally funded and Due Process is violated, who is held liable for all the damages caused?

I know Sovereign Immunity Defense is not available for money damages claims when constitutional rights are violated. I suffered heart attack symptoms after the moral torpidity of the definite bias of the Judge. I was then subjected to 53 days of solitary confinement with no medical treatment and my... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 28, 2023

When constitutional rights are violated, particularly by state actors such as courts or law enforcement, individuals can potentially bring a claim under Section 1983 of the U.S. Code. This allows individuals to sue state and local government officials for damages when they've violated federal... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Georgia on
Q: Questions concerning a writ of habeous corpus

The first question ask for Name, county, and court that entered the judgement of conviction under attack. I don't know what name they are referring to.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 26, 2023

In the context of a writ of habeas corpus, when the form asks for the "Name," it typically refers to the name of the petitioner or the individual who was convicted and is challenging their detention or imprisonment. This would be the name of the person who believes they are being... View More

1 Answer | Asked in Criminal Law, Civil Rights and Internet Law for Georgia on
Q: My name is on documents that have I.D#s on them and when I looked them up I pull up money ,stocks bonds land houses ACCT

My name is on documents that are linked to many different things like stocks bonds bank accounts land things of that nature and I do not know how to locate any of it. no one will help me

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 18, 2023

If your name appears on documents related to assets such as stocks, bonds, bank accounts, and real property, there are steps you can take to assert your rights.

First, gather all documentation you have related to these assets. For stocks and bonds, you can reach out directly to the issuing...
View More

1 Answer | Asked in Civil Rights, Constitutional Law and Personal Injury for Georgia on
Q: ADA rights in Civil court ? informed judge of disability; found atty; he needed 1day delay for hearing. Request ignored

Had given note to judge of disability from doctor with request also.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2023

In the United States, individuals with disabilities are entitled to reasonable accommodations under the Americans with Disabilities Act (ADA) to ensure equal access to the judicial system. This includes accommodations in civil court proceedings. It's concerning that your request for a one-day... View More

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Georgia on
Q: If officer during a traffic stop is investigating beyond scope of stop asking questions to mislead for investigating/

Reason for something different the officer is technically questioning to further investigation to continue and if your considered detained and unable to leave till he is finished should officers inform you of your right or warn you????? Your lawfully detained under officers custody weather on side... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2023

During a traffic stop, law enforcement officers have the authority to inquire about matters related to the purpose of the stop, such as verifying identification, checking for valid registration and insurance, and addressing potential safety concerns. However, if an officer begins asking questions... View More

View More Answers

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Georgia on
Q: If officer during a traffic stop is investigating beyond scope of stop asking questions to mislead for investigating/

Reason for something different the officer is technically questioning to further investigation to continue and if your considered detained and unable to leave till he is finished should officers inform you of your right or warn you????? Your lawfully detained under officers custody weather on side... View More

John Michael Frick
John Michael Frick
answered on Oct 3, 2023

If you are in custody for a crime, before police interrogate you, they should read you your Miranda warnings. Otherwise anything you say may be excluded from evidence in any subsequent trial against you for commission of a crime.

Be aware that does not mean that charges against you are...
View More

View More Answers

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Georgia on
Q: Are you considered detained as soon as you pulled over by the police when the car comes to a stop

When you're pulled over by the police are you considered detained and before the police start to interrogate you about anything next to the traffic stop standard driver's license registration if they're leading to something else should or are they supposed to inform you of your rights

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2023

Yes, when you are pulled over by the police, you are considered detained for the duration of the traffic stop. This type of detention is typically referred to as a "Terry stop," originating from the case Terry v. Ohio. However, being detained is not the same as being arrested. The reading... View More

View More Answers

4 Answers | Asked in Personal Injury, Civil Rights and Legal Malpractice for Georgia on
Q: Attorney submitted false motion in court. What are my options?
Tim Akpinar
Tim Akpinar
answered on Sep 28, 2023

Addendum - in terms of what you mean by "false," your options could vary. If you mean the motion was in error in terms of procedure or substance, you or your attorney could challenge it. If it contains information known to be false, and that information arises elsewhere in the pleadings... View More

View More Answers

1 Answer | Asked in Personal Injury and Civil Rights for Georgia on
Q: This involves judge who lied in court about the disposition of a case. What are the options I have to dispute this?

He helped opposition despite the fact they lacked proof or agreement. Gave a false ruling.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 20, 2023

Firstly, you can appeal the judge's decision to a higher court. This means challenging the ruling based on its legal merits. The appellate court will review the lower court's decision for any potential legal errors. Secondly, Georgia has a Judicial Qualifications Commission (JQC) which... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Georgia on
Q: If you are interagated by loss prevention at a food city grocery store with out a police officer are your lawyer

I had got a fake 100 dollar bill back in change didn't know it until at my work until I payed for my food and 6 days later loss prevention came and forced my in to saying I did it and then had me arrested but I didnt know i was allowed to have a lawyer present because there was no cop present... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2023

In your case, you found yourself being questioned by loss prevention personnel, not police officers. It is essential to note that loss prevention employees do not have the same obligations as law enforcement officers to inform you of your rights, including your right to an attorney, before... View More

1 Answer | Asked in Civil Rights for Georgia on
Q: How long does it take to file a intruder affidavit in court
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 31, 2023

Filing an intruder affidavit in court in Georgia's timeline can vary based on different factors. Initially, you'll need to prepare the affidavit itself, which might involve gathering and organizing relevant information. The actual filing process, which entails submitting the affidavit to... View More

2 Answers | Asked in Civil Rights and Arbitration / Mediation Law for Georgia on
Q: For mediation can one of the parties delay the session and feeling that maybe he going overseas, bc he is selling house
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 15, 2023

Mediation schedules can be flexible to accommodate the availability of both parties involved. If one party is requesting a delay due to travel plans or other reasons, it's typically possible to reschedule the mediation session. However, the success of mediation often relies on both... View More

View More Answers

3 Answers | Asked in Traffic Tickets, Contracts and Civil Rights for Georgia on
Q: if im traveling in my vehicle for personal use, do i need to have a license, insurance, and registration/license plate?

there are various supreme court rulings stating that operating a motor vehicle in your personal capacity is a right, not a privilege, and you dont need a license, insurance, or registration/plate so long as youre not using your vehicle for commercial use such as uber, or delivering goods.

Tim Akpinar
Tim Akpinar
answered on Sep 11, 2023

You'd need the license, insurance, registration, and license plate - both fed and state governments have rights to regulate use of vehicles. Driving is considered more a privilege than an inalienable right. The fact that the use is personal rather than commercial doesn't lessen state... View More

View More Answers

3 Answers | Asked in Traffic Tickets, Contracts and Civil Rights for Georgia on
Q: if im traveling in my vehicle for personal use, do i need to have a license, insurance, and registration/license plate?

there are various supreme court rulings stating that operating a motor vehicle in your personal capacity is a right, not a privilege, and you dont need a license, insurance, or registration/plate so long as youre not using your vehicle for commercial use such as uber, or delivering goods.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2023

Navigating the fine line between what is considered a "right" and a "privilege" when it comes to operating a motor vehicle on public roads can be a complex endeavor. It is essential to base our understanding on established laws and court rulings to offer a precise answer.... View More

View More Answers

2 Answers | Asked in Car Accidents, Civil Rights, Insurance Bad Faith and Personal Injury for Georgia on
Q: Injury claim issues: Privacy breach, delayed subrogation, negligence. What legal recourse? Statute of limitations?

I recently experienced an auto collision and filed a bodily injury claim with the 100% at fault parities Insurance. However, the adjuster's communication has been lacking, and they failed to address important direct questions about the settlement offer. There were delays in receiving... View More

Tim Akpinar
Tim Akpinar
answered on Jul 30, 2023

It could depend on a number of factors, such as the cause for the delays. Delays can arise from sources that are not in and of themselves necessarily bad faith, such as a carrier's difficulty in reaching their insured for a statement. Subrogation files could add delays to a claim, depending on... View More

View More Answers

2 Answers | Asked in Car Accidents, Civil Rights, Insurance Bad Faith and Personal Injury for Georgia on
Q: Injury claim issues: Privacy breach, delayed subrogation, negligence. What legal recourse? Statute of limitations?

I recently experienced an auto collision and filed a bodily injury claim with the 100% at fault parities Insurance. However, the adjuster's communication has been lacking, and they failed to address important direct questions about the settlement offer. There were delays in receiving... View More

James Clifton
PREMIUM
James Clifton
answered on Jul 26, 2023

The insurance company has a duty to act in good faith when administering a claim. Georgia Code § 33-4-7 establishes that an insurer “has an affirmative duty to adjust that loss fairly and promptly, to make a reasonable effort to investigate and evaluate the claim, and, where liability is... View More

View More Answers

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.