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
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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 
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
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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
Yes I was pulled over with initial pullover only recording on body cam which would not show the reason are incidents of initial pullover then upon denial of search police officer only having body camera then removed body camera with intent to set up in the dash which did not record the search of... View More
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answered on Sep 11, 2023
In this situation where vital portions of the body camera footage are missing, it raises serious questions about the credibility of the police account and possibly even indicates tampering or misconduct. You have the right to a fair trial, which includes having access to all the evidence that... View More
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answered on Jul 11, 2023
A warrant is not valid if it contains the wrong O.C.G.A code with the stating charge. The warrant must be specific to the charge that the police are seeking to investigate. If the warrant contains the wrong O.C.G.A code, then it is not valid, and the police cannot search the property or arrest the... View More
Do a investigation. The murderer is still walking free and they knw who did it. Who can I call
answered on Jun 30, 2023
You may wish to reconsider.
If the objectively provable evidence is weak, it is a tried and true law enforcement strategy to not arrest someone they think (or subjectively know) committed a serious crime like murder, let them think they got away with it, and monitor them. Often, criminals... View More
I happened to walk outside at around 1:15 p.m. and was met by law enforcement who detained me, and I had closed my door behind me. They had a warrant for my arrest. And arrested me, directly after they entered my home uninvited, and searched it. The search warrant was signed off on at approximately... View More
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answered on Mar 26, 2023
It would be irresponsible for any attorney to give an opinion on the legality of a particular entry and/or search without first having the opportunity to examine the evidence and the relevant law. That being said, there do exist certain legal justifications that would allow police to enter a home... View More
answered on Mar 27, 2023
The purpose of a preliminary hearing, also known as a probable cause hearing, is to make sure that a person is not held in jail without some evidence to support the incarceration. So, if a person is out on bail and not in custody, there is no need for a probable cause hearing.
If the... View More
I've being held in a Dependency case due to a charge that is reduced and disposed of but they still hold me in jouvinile with a charge that for abuse and no charge anywhere of dui and then have me in another county sui.g me in a custody battle I never recieve any summons for I'm in 3... View More
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answered on Mar 11, 2023
It sounds like you may need to speak with an attorney who can review your specific case and provide legal advice tailored to your situation. It is unusual for someone to be charged for the same offense in multiple courts, especially if one of the charges has already been disposed of and... View More
I've being held in a Dependency case due to a charge that is reduced and disposed of but they still hold me in jouvinile with a charge that for abuse and no charge anywhere of dui and then have me in another county sui.g me in a custody battle I never recieve any summons for I'm in 3... View More
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answered on Mar 11, 2023
Also, it is not uncommon for an individual to face charges for the same offense in multiple courts, such as a criminal court and a dependency court. However, it is important to note that being charged in multiple courts does not necessarily mean that a person will be punished twice for the same... View More
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answered on Mar 2, 2023
In general, using force in self-defense is legal if you reasonably believe that force is necessary to protect yourself from imminent harm. However, the level of force used must be proportional to the threat, and you should make efforts to retreat or avoid the situation if possible. In some states,... View More
Im wondering if it is legal for me to watch a house to gain information on a suspect wanted for aggravated assault off duty in a normal car
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answered on Mar 2, 2023
As a general principle, law enforcement officers must adhere to the Fourth Amendment to the United States Constitution, which prohibits unreasonable searches and seizures. Surveillance of a suspect's house may be considered a search and, therefore, subject to Fourth Amendment protection.... View More
Secind time in 7 days now. First time deputy who was sitting at four way with another deputy in second vehicle, pulled out and went on by as i turned into parking lot of patels gas station where they were both sitting. I went in paid for gas and soft drinks walked out pumped gas got back started... View More
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answered on Mar 2, 2023
It is important to note that driving with a suspended license is considered a criminal offense and therefore subject to criminal laws, not civil rights laws. However, in general, law enforcement officers are required to follow proper procedures and protocols when making an arrest, and individuals... View More
I was sentenced as a GA first offender in 1996 and completed it in 2006. I also have a misdemeanor in 2004 and pled to 1year probation. it was an obstruction of officer. I have nothing else since 2005.
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answered on Mar 2, 2023
Under federal law, a person who has been convicted of a felony or certain misdemeanor crimes of domestic violence is prohibited from owning or possessing a firearm. However, a GA First Offender on your record does not constitute a conviction and therefore does not automatically disqualify you from... View More
My attorney for my state charge told me this has to be brought to federal court after the conclusion of the State's charges. Is this correct?
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answered on Mar 2, 2023
It is possible to raise violations of constitutional rights as a defense in a criminal case in Georgia Superior Court, but it ultimately depends on the specific facts and circumstances of your case. If your constitutional rights have been violated, your attorney can raise those issues as part of... View More
If Im traveling my privately owned automobile for personal reasons, and not a vehicle for commercial use, do the codes and statues not apply to me?
answered on Dec 4, 2022
A Georgia attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a Georgia attorney for definitive guidance per applicable vehicle & traffic laws or insurance laws, as a general matter, "vehicle" usually means a mechanically or... View More
and someone parks in my parking spot without permission and I ask them not to park here anymore and they do it anyway
Can I kill them
In fear of my life and family
In Georgia?
answered on Apr 11, 2024
No.
You can report it to the police. You can seek a restraining order.
Today is April 9 2024
I went to my habeas hearing in December of 2021, I have not received any notice yet. Nor have a received the transcripts documents from the hearing as well. What's the limited time to get a response back?
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answered on Apr 10, 2024
I apologize for the confusion, but there seems to be an inconsistency in the dates you provided. You mentioned that today is April 9, 2024, but you also stated that you went to your habeas hearing in December 2021, which would be more than two years ago.
Regarding the time limit for... View More
If a search warrant describes a property incorrectly also the directions state it is on the left side of the street and actually it's on the right side and the street name is spelled wrong would any of that effect the validity of the warrant
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answered on Mar 26, 2024
When evaluating the validity of a search warrant, minor errors, such as the incorrect spelling of a street name or misidentifying which side of the street a property is on, are not usually enough to render a warrant invalid. Courts generally focus on whether the warrant sufficiently describes the... View More
Have someone who had overdosed and police seized substances from the scene. a week later put out warrant for arrest. Legal? According to the amnesty laws? He should be protected from my understanding of reading these laws. Please tell me if i am misunderstanding it tho. I doesnt think i am and... View More
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answered on Mar 20, 2024
It sounds like you're referring to Good Samaritan laws, which are designed to encourage people to seek medical help in the event of an overdose by providing certain protections against drug possession charges. These laws vary widely from state to state, and the specifics of the protections... View More
The GAL assigned to my case had been informed of the false allegations of multiple sexual child abuse reports made. The investigation reports clearly state my innocence, childrens danger with mother, and unlicensed/non-certified friend of the mother acted as if she was an expert witness. The GAL... View More
answered on Oct 30, 2023
You should be speaking to the attorney that was representing you in this case. Because it should be clear to them, since they were present with you in court and throughout this hearing, what misconduct happened, and how you all should proceed.
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