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Georgia Constitutional Law Questions & Answers
1 Answer | Asked in Constitutional Law and Civil Rights for Georgia on
Q: Can police enter my home look for my 26 yr old son who is on probation with only my 13 yr old son home alone?

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:...
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1 Answer | Asked in Constitutional Law for Georgia on
Q: Is it legal in Georgia for police to seize Saliva DNA from dental property of a suspect who hasn't been arrested ?

In reference to this question let's say police follow a suspect to a dental clinic and swab the suspects dental property such as dentures or the carrying case itself, while the suspect is receiving dental treatment by their dentist and is unaware of this seizure and has given no consent and... View More

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answered on Jun 17, 2024

If the police seize saliva DNA from dental property without your consent, it may raise serious Fourth Amendment concerns. The Fourth Amendment protects against unreasonable searches and seizures, meaning that a warrant or probable cause is generally required for law enforcement to conduct a search... View More

1 Answer | Asked in Constitutional Law, Federal Crimes and Civil Rights for Georgia on
Q: Can I sue my neighbors for recording my property

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

Q: Are body cameras legal for a person to wear in georgia

Are body cameras legal for a regular person to wear

Non law enforcement

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answered on Jun 2, 2024

In Georgia, it is generally legal for a regular person to wear a body camera. However, you need to be mindful of privacy laws and consent requirements. Recording conversations without the consent of at least one party involved can be a violation of Georgia's wiretapping law.

When you...
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1 Answer | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for Georgia on
Q: What do you say or do when the police tried to charge me with trespassing at a hotel room for the wrong eviction
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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

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Georgia on
Q: I saw a no weapons sign at the braves stadium in Atlanta and it had this code number on it. GA Code § 16-11-127 (2022)

I looked up the code here and to me it seems like it only applies to court houses, jails, places of worship, and nuclear power plants. So I was wondering if this code also applies to ball parks or if this sign is being wrongly applied.

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answered on Jun 1, 2024

It's understandable to be confused about the application of the Georgia code you mentioned. GA Code § 16-11-127 outlines restrictions on carrying weapons in specific locations, including courthouses, jails, places of worship, and nuclear power plants. However, it also allows private property... View More

1 Answer | Asked in Constitutional Law and Personal Injury for Georgia on
Q: my father beat me when i was 16 the police was called but nothing happened to him because he is friends with the officer

i have police report that says it was child abuse medical records saying i have bruising cause by my dad weeks after it happened day by day photos. and because my dad and the police officer talked to the DFCS they turned everything around on my mom they made my mom take therapy at my dad's... View More

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answered on May 24, 2024

I'm deeply sorry for what you've endured. Given your deadline in June, it's essential to act quickly. Your situation involves potential claims against your father, the police officer, and DFCS for abuse, misconduct, and negligence.

First, gather all your evidence, including...
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1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Georgia on
Q: I recently discovered that my sentences are void. Upon remand for resentencing, can I receive more prison time? (GA)

Case law supports my claims, the Court of Appeals will remand for resentencing. 4 of my 5 sentences are void, will the appellate court vacate them all because they were part of the same judgment?

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answered on May 19, 2024

If your sentences are found to be void and the Court of Appeals remands for resentencing, it is possible that you could receive more prison time, but this depends on various factors. The appellate court typically vacates all sentences that are part of the same judgment if they are intertwined.... View More

2 Answers | Asked in Criminal Law and Constitutional Law for Georgia on
Q: Can an active first offender case be used to enhance a sentence under the 17-10-7 statue?
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answered on Jun 2, 2024

Under Georgia law, an active first offender case generally cannot be used to enhance a sentence under the 17-10-7 statute. The First Offender Act is designed to give individuals a second chance by not considering the first offense as a conviction, provided they comply with the terms of their... View More

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2 Answers | Asked in Criminal Law and Constitutional Law for Georgia on
Q: Can an active first offender case be used to enhance a sentence under the 17-10-7 statue?
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answered on May 4, 2024

After the state provides sufficient notice, OCGA § 17-10-7 requires that a trial court sentence a defendant to the maximum under subsection (a) if the defendant already has a felony conviction and commits a new felony while incarcerated, or (c) on a subsequent felony conviction after a defendant... View More

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1 Answer | Asked in Civil Rights, Constitutional Law and Libel & Slander for Georgia on
Q: I was pulled over handcuff placed in back of police car for a warrant that was issued for someone else

Per officer this would.continue to happen.and there's. Nothing I can do about it

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answered on May 1, 2024

Being mistakenly detained due to a warrant intended for someone else is understandably distressing and frustrating. It's essential to know that there are actions you can take to try to resolve this issue. First, confirm all details of the warrant, including the name, description, and any other... View More

1 Answer | Asked in Constitutional Law and Contracts for Georgia on
Q: WAIVER AND RELEASE UPON FINAL PAYMENT. The "NOTICE" is 60 days , current law is 90 days. Which date is enforceable?

THE Form that was signed was supplied by the GC in the close-out documents. 60 days is getting close.

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answered on May 1, 2024

In the situation you've described, where there is a discrepancy between the notice period stated in a document supplied by the general contractor and the current legal requirement, the enforceable date usually defaults to the one that complies with current law. In your case, if the law... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Juvenile Law for Georgia on
Q: What can I file if the court of appeals and juvenile court Misconduct and erred within my case? What can do?

What can I do about this?

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answered on May 1, 2024

If you believe there has been misconduct or errors in your case handled by the court of appeals or juvenile court, you have several options. Firstly, you may consider filing a petition for reconsideration in the same appellate court to ask the judges to review their decision, pointing out the... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Juvenile Law for Georgia on
Q: What can I do about the court of appeals denying my appeal when the juvenile court had Misconduct and erred my case?

And my attorney clearly showed and stated that the court had wrongdoings? And they did nothing either? What can I do?

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answered on May 1, 2024

If your appeal was denied by the court of appeals despite presenting evidence of misconduct in the juvenile court, you might feel understandably frustrated. However, you still have some options. Firstly, consider requesting a reconsideration from the same court of appeals, if this is permissible... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Constitutional Law for Georgia on
Q: Can I get my money back if it was seized and I never received any notice of seizure about it ever. My lawyer originallly

Said we would settle for half because he knew the lady in charge of that. But the trial came and we were never spoke on it. $17,500 in Dekalb County I was pulled over in a car. I had nothing on me accept cash a friend had a couple grams of coke on him they later got a warrant and found a couple... View More

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answered on Apr 14, 2024

Based on the information you provided, it seems that the authorities seized your money ($17,500) during a traffic stop and subsequent search of your home, which led to drug-related charges and a conviction. If the authorities did not follow proper legal procedures regarding the seizure and... View More

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?
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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.

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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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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.

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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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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

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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

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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

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