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Georgia Constitutional Law Questions & Answers
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
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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...
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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
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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

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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
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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

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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
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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
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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
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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
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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

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Georgia on
Q: superior court clerk announces retirement. The deputy clerk qualifies to run for the position.Must the deputy clerk

Resign due to unfair advantage? What is Georgia law?

James L. Arrasmith
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answered on Mar 17, 2024

In Georgia, the law regarding public employees running for office can vary based on specific job roles and local regulations. Generally, there's no statewide mandate requiring deputy clerks or similar positions to resign if they choose to run for the office of the clerk. The primary concern is... View More

2 Answers | Asked in Family Law, Civil Rights, Constitutional Law and Juvenile Law for Georgia on
Q: how do i go about filing an answer of a petion against me if no one informed me to respond in writing not even my caa
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answered on Feb 28, 2024

If you haven't been informed about filing an answer to a petition against you, it's important to take action promptly. Begin by reviewing any documentation or notices you may have received related to the petition. If you haven't received any information about responding in writing,... View More

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2 Answers | Asked in Family Law, Civil Rights, Constitutional Law and Juvenile Law for Georgia on
Q: how do i go about filing an answer of a petion against me if no one informed me to respond in writing not even my caa
Alake Colwell Furlow
Alake Colwell Furlow
answered on Mar 2, 2024

When you were served, you should have been served with Summons that gave you instructions on how to respond. If you are unaware of how to respond, you should contact the court. It would also be beneficial for you to hire an attorney to represent you if you are unsure how to file an Answer and... View More

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1 Answer | Asked in Constitutional Law for Georgia on
Q: can police search my house for someone who has lived at my house in the past if they show up w an arrest warrant for him

i told police that person hasnt lived at my house in more than 5 years and i have my 4th amendment intact as the owner of house. i told police they could NOT come in but they did anyway. police also did not even allow me to read the arrest warrant closely. i think my 4th amendment rights were... View More

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answered on Feb 24, 2024

In Georgia, if the police have a valid arrest warrant for someone who used to live at your house but no longer does, they generally cannot search your home without your consent. Your Fourth Amendment rights protect you from unreasonable searches and seizures, including unauthorized entry into your... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Georgia on
Q: I got arrested for reckless driving the police took my phone without letting me know and havent given it back

Me and family members been calling since last week he isnt answering even the bail bondsman said he didn't suppose to take it cause how do I contact the bondsman without it Lagrange police department officer Wright is his name

James L. Arrasmith
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answered on Feb 22, 2024

Here are a few key things to know in this situation:

1. The police generally need a warrant to seize and search cell phones or other electronics during an arrest. There are limited exceptions, but it does not sound applicable here for a reckless driving offense.

2. The improper...
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1 Answer | Asked in Employment Law, Civil Rights, Constitutional Law and Criminal Law for Georgia on
Q: My manager caught on camera going into my deli three times went into my purse and phone.i still work here, Can I sue?

I went into work on a Sunday my off day to change the grease from the fryer. Went outside to get the containers to put the old grease in, come back in manager weirdly hurryingly with a weird look on his face coming out of my deli, another girl employed by us was sitting in front of my deli on a... View More

James L. Arrasmith
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answered on Feb 22, 2024

Yes, you can potentially sue your manager and employer for invasion of privacy under Georgia law. Some key points:

- Georgia recognizes invasion of privacy as a common law tort. Going through someone's personal belongings without consent constitutes invasion of privacy.

- You...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Georgia on
Q: How do you move for a dismissal in Georgia? There are a ton of reasons why my case should be dismissed...but no motion?

Reasons for dismissal include the fact that there wasn't sufficient grounds to bound over the charges to begin with, fabricated, and falsified police reports glaringly ovbious in the inconsistencies, officer lied in the police repiort, said he checked cameras but store owner testimony is that... View More

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answered on Jan 21, 2024

To move for a dismissal in Georgia, you need to file a motion to dismiss in the court where your case is being heard. This motion should clearly outline the legal and factual reasons why you believe the case against you should be dismissed. Given the complexities you've described, including... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Georgia on
Q: Is a judge allowed to force me to represent myself pro se even though I am indigent because my appointed lawyer quit

codef repsntd by PD's office, i was conflicted out- great relationship, negotiated agreement w/ DA- dismissal if codef admit ownership at plea entry. 5mos past and discovery was not made available. eventually attny withdraw b/c state failed to pay for services. -11mos no new appointed attny.... View More

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answered on Jan 21, 2024

You have the right to legal representation, especially if you are indigent and facing criminal charges. If your appointed attorney quits, the court is generally responsible for appointing a new attorney to represent you. It's unusual and potentially a violation of your rights for a judge to... View More

1 Answer | Asked in Constitutional Law and Criminal Law for Georgia on
Q: If it is proven that an officer lies in their police report, what can that mean for the asst charges/search/evidence?

a crash the officer said if they could find any survalievce that showed we were lying they would put out a warrant for our arrest (i was a licensed driver and not at fault, but the person who ws actually driving had a suspended license) i left the parking lot and before the light turned green they... View More

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answered on Jan 21, 2024

In Georgia, if it's proven that an officer lied in their police report, this can have significant implications for your case. The credibility of the officer becomes a critical issue, and it could lead to challenges against the charges, the search, and the admissibility of any evidence obtained... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Georgia on
Q: Can i carry a pistol in my vehicle at 19 in georgia?
James L. Arrasmith
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answered on Jan 14, 2024

In Georgia, the laws regarding carrying a pistol in your vehicle are specific and must be adhered to. At 19 years old, you are under the age limit for obtaining a Georgia Weapons Carry License, which is required for carrying a handgun openly or concealed on your person outside of your own property,... View More

1 Answer | Asked in Constitutional Law for Georgia on
Q: Is it illegal in the state of Georgia to carry a semi-automatic pistol with loaded chamber?
James L. Arrasmith
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answered on Jan 7, 2024

In Georgia, it is generally legal for a person to carry a semi-automatic pistol with a loaded chamber, provided they comply with the state's laws regarding carrying firearms. Georgia law allows individuals who have a valid Weapons Carry License (WCL) to carry a firearm in most public places,... View More

1 Answer | Asked in Constitutional Law for Georgia on
Q: can a police officer hold a city councilman position at the same time?

if a police officer has been appointed as a city councilman, can he hold both positions simultaneously ?

James L. Arrasmith
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answered on Jan 5, 2024

In Georgia, the ability for a police officer to also hold a city councilman position depends on specific local laws and regulations. Generally, concerns about conflicts of interest or dual office holding restrictions might apply in such situations.

Many jurisdictions have rules about...
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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

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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

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