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Georgia Constitutional Law Questions & Answers
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 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

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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 Constitutional Law for Georgia on
Q: Can the police pull you over for not using a left turn signal, but your at a red light waiting for it to turn green.

In order for you to turn left, you have to wait at the red light, and in order for you to go right, you yield right on to traffic.

James L. Arrasmith
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answered on Jan 2, 2024

In Georgia, traffic laws require the use of turn signals to indicate a driver’s intention to turn or change lanes. This includes signaling while waiting at a red light to turn left. The law is designed to ensure that other drivers and pedestrians are aware of your intentions, contributing to... View More

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2 Answers | Asked in Constitutional Law for Georgia on
Q: Can the police pull you over for not using a left turn signal, but your at a red light waiting for it to turn green.

In order for you to turn left, you have to wait at the red light, and in order for you to go right, you yield right on to traffic.

T. Augustus Claus
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answered on Jan 2, 2024

Law enforcement officers generally have the authority to pull over a vehicle if they observe a traffic violation, including failure to use a turn signal. Even if you are waiting at a red light to make a left turn and not actively moving, the requirement to use your turn signal still applies.... View More

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1 Answer | Asked in Constitutional Law, Employment Law, Consumer Law and Identity Theft for Georgia on
Q: My former employer opened a prepaid debit card in my name 3 weeks after my employment ended what can I do about it?

I asked them to close it and was told it would be closed the next day but the card is still being reloaded and used. I never received a card the whole time I was employed there and I did not authorize them to open a card in my name after my employment.

James L. Arrasmith
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answered on Dec 20, 2023

If your former employer opened a prepaid debit card in your name without your authorization, this could be a serious issue, potentially involving identity theft or fraud. First, contact the company that issued the prepaid card and inform them that the account was opened without your consent.... View More

1 Answer | Asked in Constitutional Law for Georgia on
Q: If the police arrives at a scene and you are there, but not inside a vehicle. And they searched the vehicle and fine dri

Charged if the vehicle is not yours

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answered on Dec 1, 2023

If the police search a vehicle you're near but not inside, and they find something illegal, whether you can be charged depends on several factors. The key question often revolves around your connection to the vehicle and the illegal items found.

If the vehicle isn't yours, the...
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1 Answer | Asked in Constitutional Law for Georgia on
Q: I’m 20 and live in Georgia and my friend who is 22 wants to gift me once of his pistols. Is that legal for me to own?

Also if legal would I be able to carry it

James L. Arrasmith
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answered on Nov 30, 2023

In Georgia, the laws regarding firearm ownership and carrying can be specific and have certain age requirements. As a 20-year-old, you can legally own a pistol that is gifted to you. Georgia law permits individuals aged 18 and older to possess a handgun.

However, when it comes to carrying...
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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 Criminal Law and Constitutional Law for Georgia on
Q: Is a conviction under 1976 GA Const., Bill or rights Para IX allowing representation by counsel and defendant void?

A person suffers from decades old conviction in which said person was allowed to represent himself/herself and be represented by counsel under the GA Constitution , Bill of Rights Paragraph IX or both clause without waving his/her federal Sixth Amendment right to counsel. Defendant complained of... View More

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answered on Nov 26, 2023

In this scenario, where a conviction stems from a situation involving the right to counsel under the Georgia Constitution and the Sixth Amendment, several factors need to be considered. The complexity arises from the claim of ineffective assistance of counsel and the subsequent exhaustion of... View More

2 Answers | Asked in Traffic Tickets, Constitutional Law and Trademark for Georgia on
Q: Hey if I got arrested for driving while license suspended paid a cash bond of $720 and then forgot court what's next

Now they issued a failure to appear warrant. I thought at worst that I would forefit my cash bond to settle the case and it would just end it as an admission of wrong doing

Anthony M. Avery
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answered on Oct 28, 2024

Hire a GA attorney now to turn you in off the Docket, then start representing you. Also find out what you need to reinstate the DL.

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Georgia on
Q: If affidavit attached to arrest warrant does not provide information on, why officer believes this occurred?

Or what he bases his belief off of?

James L. Arrasmith
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answered on Oct 25, 2024

If the affidavit attached to an arrest warrant doesn’t explain why the officer believes a crime occurred, it can raise serious concerns about the validity of the warrant. An affidavit is meant to provide the factual basis for the officer’s belief, demonstrating probable cause. Without this... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Georgia on
Q: Yes my understanding of a probable cause hearing should take place shortly after arraignment and it's like a trial befor

A trial where the accused has the right for attorney and to bring forth the accused witnesses and so on. So what if the accused/ myself wasn't given that hearing,just arraignment over live feed. I reside in state of Georgia. I plea not guilty and with a provided attorney from the... View More

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answered on Oct 23, 2024

If you weren’t given a probable cause hearing after your arraignment, it’s important to address this issue promptly. The probable cause hearing is a critical step where you can challenge the evidence against you and ensure your rights are protected. Without this hearing, there may have been a... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Georgia on
Q: 726 S.E.2d 625 (2012) 315 Ga. App. 101 HERRINGTON v. The STATE. Need help explaining this case very similar to mines

The above case is similar to mines jeopardy attached to my case just like in Herrington's case during my first trial I had a mistrial the state investigator got on the stand and the judge declared a mistrial similar to herrington's.on retrial the state added charges as well like... View More

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answered on Oct 9, 2024

In your situation, the principle of double jeopardy is central. Once jeopardy attaches during your first trial, the government is limited in how it can proceed if a mistrial occurs. When the state investigator testified and the judge declared a mistrial, jeopardy attached, preventing the state from... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Georgia on
Q: What do I do when my constitutional right to due process is violated

As a mental health patient, by law before treatment a risk and needs assessment is required, but it was bypassed and I was sent to along term treatment facility. And In the process of being there, my life and liberty was infringed upon causing mental and emotional distress. What can I do?

James L. Arrasmith
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answered on Oct 9, 2024

I'm sorry you're experiencing this situation. First, gather all your medical records and any documentation related to your treatment and admission. This information will be crucial when discussing your case with someone who can help.

Next, reach out to a lawyer who has experience...
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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Georgia on
Q: Da lied in court

While in court the da stated I gave consent to search my truck, I don't give consent no matter what. The facts are,, the officer said he could smell weed, I don't smoke nor carry weed, and after his statement he proceeds to open my door and pull me from truck, needless to say he found no... View More

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answered on Oct 2, 2024

I'm sorry you're going through this difficult situation. It's important to take immediate steps to protect your rights. Consider finding a new attorney who can review the details of your case and provide a strong defense based on the facts you’ve shared.

Document everything...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Georgia on
Q: can violations of title 24-13-20 through 24-13-24 be prosecuted. City court is refusing my right to subpoena witnesses

The city is refusing production of evidence and the city court clerk is refusing subpoenas for witnesses and video evidence known to exist.

James L. Arrasmith
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answered on Oct 2, 2024

I'm sorry you're facing these challenges with the city court. Violations of statutes like Title 24-13-20 through 24-13-24 can potentially be prosecuted if there's enough evidence and legal basis.

If the court is denying your requests to subpoena witnesses or access video...
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2 Answers | Asked in Civil Rights, Constitutional Law, Employment Discrimination and International Law for Georgia on
Q: I’m facing some human rights issues

By certain parties in law in lieu

Tim Akpinar
Tim Akpinar
answered on Oct 10, 2024

Your question is very brief, and there could be reasonable justification for not wanting to post details about your matter. Without knowing the nature of your situation, one option could be to reach out to civil rights attorneys (or possibly civil rights organizations) to discuss more meaningfully... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for Georgia on
Q: I feel like I was victim to an illegal encounter with police and my 4th ammendment rights were violated. I saw with my

Own eyes as the k9 officer hit my cartoon with a ball on a rope. Only then did the dog alert. Is that not totally bogus?

James L. Arrasmith
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answered on Sep 25, 2024

What you describe sounds like it could be a violation of your Fourth Amendment rights, which protect against unreasonable searches and seizures. If the officer manipulated the situation to make the K9 alert by using a toy or ball, it could indicate that the alert was not legitimate. The K9's... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Georgia on
Q: Can an inmate bring charge again correction officer for tell inmate he is gay?

Then two inmate jumped on him because he wouldn't sleep with them.

James L. Arrasmith
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answered on Sep 20, 2024

Yes, an inmate can bring a charge against a correctional officer if the officer's actions, such as outing the inmate as gay, led to harm or placed the inmate in danger. In this case, the officer may have violated the inmate’s rights by exposing personal information that resulted in violence... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Georgia on
Q: Why would police not arrest a felon who stole a firearm with unquestionable proof?

My former brother-in-law, who is a convicted felon, stole multiple items from my home including two firearms. I have a recorded phone call where he listed every item he stole from me including guns. I took it to police and they told me it was a civil matter. He has had multiple arrests for heroin... View More

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answered on Sep 7, 2024

It can be incredibly frustrating when the police don't take action, especially when you have solid evidence of a crime. In your case, the theft of firearms by a convicted felon is a serious offense that should generally be pursued. Sometimes, police may label something a civil matter if they... View More

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