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Georgia Constitutional Law Questions & Answers
1 Answer | Asked in Criminal Law and Constitutional Law for Georgia on
Q: What is the limited amount of time to get a granted or denied answer to a habeas corpus after the hearing?

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?

James L. Arrasmith
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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...
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1 Answer | Asked in Criminal Law and Constitutional Law for Georgia on
Q: Search warrant and what would make one invalid

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

James L. Arrasmith
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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

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Municipal Law for Georgia on
Q: have someone who had overdosed and police seized drug's from the scene. a week later put out warrant for arrest. Legal?

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

James L. Arrasmith
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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

1 Answer | Asked in Child Custody, Civil Rights, Constitutional Law and Legal Malpractice for Georgia on
Q: If the GAL has been caught by investigators for aiding in crimes against children, what legal action needs to happen?

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

Alake Colwell Furlow
Alake Colwell Furlow
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.

1 Answer | Asked in Civil Rights, Constitutional Law, Domestic Violence and Federal Crimes for Georgia on
Q: How do I know that I will be safe? He’s going to kill me.

Ex husband placed gun TO my forehead threaten to kill me, I was pregnant and all my children in the home I had three other children I called the sheriffs depart or 911 they came out, met with my ex-husband and said that they were not going to make an arrest on him, even though he admitted on... View More

Joshua Schiffer
Joshua Schiffer
answered on Oct 27, 2023

That is INSANE!!! I cant believe it! Is there another law enforcement agency in your county such as a local police agency?

The GBI is the next step if the locals wont do anything, thats nuts!! You may also want to call the press, but really a local lawyer should get involved at that...
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1 Answer | Asked in Consumer Law, Family Law, Child Support and Constitutional Law for Georgia on
Q: Since Ga child support services has been found unconstitutional in federal court. How are state courts still enforcing?
James L. Arrasmith
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answered on Oct 15, 2023

Parties affected by any unconstitutional provision might have recourse in subsequent legal actions. It's crucial to consult with a local attorney if you believe you're affected by such a ruling to understand its implications and your options.

1 Answer | Asked in Constitutional Law, Employment Law and Libel & Slander for Georgia on
Q: What should you do if your employment was terminated based on libelous statements?
Mitchell Feldman
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Mitchell Feldman
answered on Jul 23, 2023

It’s hard to answer this question when I don’t really understand the facts of what you mean. Employer can fire employee unless they have an employment contract for any reason whatsoever but anytime they want to. This would be in the private sector. An employee in the public sector would have... View More

1 Answer | Asked in Family Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Georgia on
Q: hello i was wondering what type of lawyer i needed to contact for a mis-management of my DCFS case?

my children got taken into the states custody during the time being my husbands civil rights have been violated, and there has been severe mis-management of my case. there has been several things that the department has done wrong.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 7, 2023

In the state of Georgia a parent involved in a deprivation case does not get a court appointed attorney. If you want an attorney you need to contact someone who handles juvenile cases as a parent attorney and discuss your case with them.

1 Answer | Asked in Constitutional Law for Georgia on
Q: what code obligates an officer in Georgia to supply when asked, a certified copy of his surety bond
John Michael Frick
John Michael Frick
answered on Apr 3, 2023

Georgia Code 45-4-14 requires the official bonds of public officers required by law to be filed in the office of the comptroller general, Secretary of State, or with the office of the governor within 40 days after their election or appointment.

Q: Can a employer fire you for a medical condition/ & for having FMLA for a disabled child

Employed 12+yrs,FMLA for my disabled child/I self have a medical condition can’t lift over 50lbs Because I refused to go work in a different dept. that wasn’t my job description or duty it required me to lift over 50lbs I was fired.Manager was angry because I called HR corporate because of my... View More

James L. Arrasmith
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answered on Mar 2, 2023

It is illegal for an employer to discriminate against an employee on the basis of a medical condition or the need to take FMLA leave. If you were fired because of your medical condition or because you exercised your FMLA rights, you may have a legal claim for wrongful termination. It is recommended... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Georgia on
Q: Is it possible for the trial judge to have a old classmate in the jury in a murder trial without it being a conflict?
Jermario L Davis
Jermario L Davis
answered on Sep 30, 2022

In and of itself, I don't see there being a problem with a juror being an old classmate of the judge. The primary consideration for a juror to be seated is whether or not he/she is able to be fair and impartial under the present circumstances. If the juror was an old classmate of the... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Georgia on
Q: Do I have a civil case against the deputy or the county for violating my rights?

I was approached by a deputy while standing in a hotel parking lot and charged with obstruction for failure to ID, arrested and put in jail in Georgia.

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 18, 2022

You do not have to provide ID unless you are driving a car or the officer has probable cause to suspect a crime was being committed. Thus, if the officer had probable cause to believe you were committing a crime, then any civil suit would fail. Further, suing police officers for conduct committed... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Georgia on
Q: Can a cop open a closed and latched gate (of a third party) that has a no trespassing sign on it with an arrest warrant

LEO's opened my gate because they suspected that a person they had an arrest warrant for was there. Which they weren't there. Did they have the right to just unlatch my gate (that has a no trespassing sign on it) and open them up, and proceeded onto my property looking for said suspect?

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jul 1, 2022

Yes, if the police relied upon reasonable, articulable facts that the person they had a valid arrest warrant was on the property. It does not matter if the person was actually on the property if the above standard was met. However, the police will be limited to only search the property for where a... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Georgia on
Q: My s/o was picked up on a false warrant ,never had his Miranda rights read to him until after speaking with the d.a

He was also given paperwork to sign without counsel present under the assumption that it was the statement he had just made, but really he had unknowingly signed away his rights... He was incarcerated on 12/30/2021 where he has been held without bond( no bail hearing given) , or evidence,.. the... View More

Morris  Margulis
Morris Margulis
answered on Jan 14, 2022

He needs to act fast to get Habeas Corpus relief. If he can get out of custody, he will be in a much better position to pursue his other claims involving this experience.

1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Georgia on
Q: If I'm off probation and completed my 1st offenders sentencing successfully does that mean I was discharged by a judge?
Morris  Margulis
Morris Margulis
answered on Jan 6, 2022

It should, but you should check with the clerk of the court that sentenced you to first offender probation to be sure.

1 Answer | Asked in Constitutional Law for Georgia on
Q: My daughter got drunk and started trying to put her hands on everybody and busted my house window so I called the police

The police arrived to my home and stated to us that they were charging her with criminal trespass (family violence) which didn’t make sense . We questioned them howeever they booked her into the jail for smash and grab burglary , purchase of alcohol being a minor , and possession of marijuana... View More

Cory D. Raines
Cory D. Raines
answered on Oct 12, 2021

She will have to either hire a private attorney or be assigned a public defender to help defend these serious charges, which could and should have been avoided by not calling the police in the first place. Whether you want press charges or not against your daughter is out of your hands because now... View More

2 Answers | Asked in Criminal Law and Constitutional Law for Georgia on
Q: I am wondering about 4th Amendment rights.

I was stopped for not having on my selt belt. The officer asked for my license which I gave him. He then went to his car and ran my license. It came back expired by one month. He asked if I knew about it I said no and he handed me back my license. He then when to another officer and was speaking to... View More

Joshua Schiffer
Joshua Schiffer
answered on Aug 17, 2021

Sounds like a standard fishing expedition and you need to get a lawyer to file a motion to suppress.

The cops are allowed to intercept folks if they have probable cause that a crime is occurring (seat belt) and then commonly use that as an entry point for additional investigation. It is...
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1 Answer | Asked in Civil Rights, Constitutional Law, Domestic Violence and Government Contracts for Georgia on
Q: The highschool won't allow my daughter in school

They kept her in room without lunch all day instead of going to class

Joshua Schiffer
Joshua Schiffer
answered on Aug 17, 2021

There should be some sort of written reason offered by the school. You need to schedule a meeting with the administration and get to the bottom of the disparate treatment.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Georgia on
Q: Police came to my residence w a search warrant I was never shown or given a copy of. Is this legal to do?

The residence in question has a different address than what they said was on the warrant. So this is 2 part questions. Are they required to show u the warrant and hand u a copy. And 2. The residence they seized drugs in was different than one on the warrant I never saw. Are these things legal and... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Jun 11, 2021

These are questions that your defense attorney will address with you. I believe I know what you are thinking and why you are asking this question. If I am right, then the arguments that will need to be made will be argued later, down the road. The many facts that are so important are not known... View More

3 Answers | Asked in Family Law and Constitutional Law for Georgia on
Q: In the state of Georgia- can grandparents sue or file for grandparent visitation?
V. Joy Edwards
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answered on May 18, 2021

Yes. It usually requires some intricacies and it is best to have an attorney assist you with this action.

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