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Georgia Constitutional Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Georgia on
Q: What if a search warrant states ocga 16-5-24 aggravated assault, what effect will this have on the warrant’s validity?

Would this not make the search warrant flawed? Also, the judge signed off on this warrant, after placing an eight (8) in the time slot only to scribble through the eight (8) and write a three (3) above the scribbled out eight (8). The document does not look professional, seems like checks and... View More

James L. Arrasmith
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answered on Sep 7, 2024

A search warrant must be clear, specific, and accurate to be valid. If a warrant lists an incorrect statute, like stating OCGA 16-5-24 (aggravated assault) instead of the correct one, it could be grounds for challenging the warrant's validity. Any inaccuracies, even clerical errors like... View More

1 Answer | Asked in Constitutional Law and Employment Law for Georgia on
Q: Is it a violation of Free Speech to be terminated from employment in Georgia for wearing a Keffiyeh or saying Ceasefire

I worked for an independent 3K-12 school in Atlanta (Atlanta International School) and I was fired for wearing a Keffiyeh and for saying Ceasefire Now.

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answered on Aug 31, 2024

In Georgia, as in many states, private employers have broad discretion to terminate employees, provided the termination does not violate specific legal protections. While the First Amendment protects free speech from government interference, it does not apply to private employers. This means that,... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Georgia on
Q: I am trying to find an affordable lawyer to file a civil suit against Ware County Jail for my husband.

My husband has been in jail for 21 days, and has yet to be served a warrant within the first 72 hours of incarceration. Who do I need to speak with?

James L. Arrasmith
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answered on Aug 31, 2024

You need to contact an attorney who handles civil rights cases, particularly those involving jail conditions or unlawful detention. Your husband's rights may have been violated if he wasn't served a warrant within 72 hours of being incarcerated. This situation could potentially involve a... View More

1 Answer | Asked in Consumer Law, Criminal Law, Appeals / Appellate Law and Constitutional Law for Georgia on
Q: I don't recall the banishment but I've been incarcerated several times expedited once and bandbut Rule#14 days it
James L. Arrasmith
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answered on Aug 31, 2024

It sounds like you’re dealing with a complex legal situation involving past incarcerations and possibly a banishment order, which you might not fully recall. If you were expedited or banned, there could be documentation that explains these actions, possibly linked to specific legal proceedings or... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Georgia on
Q: I timely filed withdraw guilt plea motion 2016 criminal . Its been 8years I'm just having my hearing is this due process

Is has to be a violation can I get this thrown out my sentence was 15/10 and my sentence is almost over

James L. Arrasmith
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answered on Aug 31, 2024

A delay of eight years in holding a hearing for your motion to withdraw a guilty plea can be considered a significant issue regarding due process. The Constitution guarantees the right to a speedy trial and a prompt resolution of post-conviction matters, and such an extensive delay could... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Georgia on
Q: Seeking a civil attorney for a malicious prosecution case in Gwinnett County Superior Court, a man was found not guilty

at trial on armed robbery, kidnapping, home invasion charges, but found guilty on criminal intent to commit a felony. He's been locked up for 58 months and just recently offered time to serve for a guilty plea on appeal for the criminal intent charge, which he declined because the state... View More

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answered on Aug 31, 2024

In your situation, it's crucial to seek an experienced civil attorney who can help you navigate the complexities of a malicious prosecution case. The fact that the state admitted to wrongdoing is significant and could play a pivotal role in your case. It's important to act quickly, as... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Georgia on
Q: I was thinking abt takin my case to trial but they don't have body cam footage..aren't they suppose to always havethat

The dtf came to my house and arrested my wife and me but some things were gone about wrong amd I wanted to take it to trial with camera footage. My public defender said she saw the footage and I could come by and watch it also...the following wk a new public defender called and said that there was... View More

James L. Arrasmith
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answered on Aug 5, 2024

It sounds like you’re facing a tough situation with your case. If your public defender mentioned there was body cam footage initially but then said it was unavailable, this could impact your decision-making. It’s crucial to clarify with your public defender why the information changed and... View More

1 Answer | Asked in Legal Malpractice, Civil Rights, Constitutional Law and Gov & Administrative Law for Georgia on
Q: How do I get my 2nd amendment rights back if i have been off paper and not in any kind of legal trouble in over 17 years
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answered on Jul 27, 2024

Regaining your Second Amendment rights after being off paper and out of legal trouble for over 17 years involves a few steps. First, check your state's laws regarding firearm rights restoration. Some states have specific procedures for individuals in your situation, which often involve... View More

Q: When Fraud on the court is unquestionable, who & what is brought up on a motion to void judgement in a higher court?

Basically the judge & hand picked GAL share an unquestionable financial conflict of interest.

Law enforcement investigators (8) released a compact to the Judge and the judge even confirmed the fraud, however this also included the guilt of his business partners bias & fabricated... View More

James L. Arrasmith
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answered on Jul 27, 2024

When fraud on the court is undeniable, you need to file a motion to void the judgment in a higher court. This motion should highlight the financial conflict of interest involving the judge and the court-appointed GAL, along with the evidence provided by law enforcement investigators confirming the... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Georgia on
Q: what if a married georgian man pretends to be an unmarried to other woman and got the woman pregnant? What action to do?

Im a filipina woman, working in ireland. I met a georgian guy, he said he is unmarried and single. He became my boyfriend. Later on he got me pregnant. When i told him about my pregnancy he suddenly vanish and never answer my messages. He only read it..Suddenly his friend told me the truth that he... View More

James L. Arrasmith
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answered on Jun 17, 2024

I'm sorry you're going through this difficult situation. It's important to focus on your well-being and the well-being of your unborn child. The first step is to seek legal advice to understand your rights and options, both in Ireland and Georgia, especially regarding child support... View More

2 Answers | Asked in Criminal Law and Constitutional Law for Georgia on
Q: If I stay in a townhome and I post a don’t trespass sign.

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?

Joel Gary Selik
Joel Gary Selik
answered on Apr 11, 2024

No.

You can report it to the police. You can seek a restraining order.

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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

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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

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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 Civil Rights, Constitutional Law, Federal Crimes and Criminal Law for Georgia on
Q: Should I report this person to the police?

I have an old friend. She has two biological children and a step daughter. She treats these children HORRIBLY. She’s the walking definition of FTK and has stated multiple times that she wish didn’t have children. She’s mentioned she hates her youngest, has called step daughter many... View More

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answered on Nov 9, 2023

If you have reason to believe a child is in danger or has been harmed, you should report your concerns to the police or child protective services immediately. The allegations you've mentioned are very serious, and if they are true, the children may be in immediate danger. The authorities have... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Election Law for Georgia on
Q: In Georgia, if part of a college campus is used as a polling place does HB 280 still apply or is it a gun free zone?

This is assuming that the area of campus being used for polling is not regulated as a weapons free area under Georgia’s Campus Carry Law(HB 280).

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answered on Nov 9, 2023

Under Georgia law, HB 280 allows individuals with the appropriate license to carry a concealed handgun in certain areas on public college campuses. However, this does not apply to buildings and property used for athletic sporting events or student housing, including fraternity and sorority houses.... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Georgia on
Q: Can defendents with same charge get the same bond but one has to post bond but other is set bond but lt out on own recog

Two people charged with possession of controlled substance. Both set bond, one has no priors and has lived in this town entire 28 years. Other has no job,from 5 states away just moved here and has a long criminal history. Both bonds were set at 3,000 she had to pay 500 but he was released without... View More

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answered on Nov 8, 2023

In setting bond, judges often consider various factors, including the defendant's criminal history, ties to the community, and flight risk. It's not uncommon for two individuals charged with the same crime to have different bond conditions. The fact that one person was released on their... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Georgia on
Q: What can one do if they have been sitting in co. jail for 6 mo. waiting to be sent off but no record of their sentence ?

Was sentenced to RSAT 6 mo ago but no record of sentencing on file. Just sitting there and no time is being counted towards anything!

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answered on Nov 5, 2023

If an individual has been sitting in county jail for six months without a record of sentencing, it’s crucial to take immediate action. You should request a lawyer or public defender if you don’t already have one. They can file a motion to bring this issue to the court's attention, and if... View More

1 Answer | Asked in Civil Litigation, Constitutional Law and Gov & Administrative Law for Georgia on
Q: Is there a U S Code similar to GA O.C.G.A. 24-4-23 (2010) 24-4-23. Presumption from failure to answer business letters?

During the normal course/procedures of business I write or petition the responsible Federal Agency with formal correspondence via certified mail (so I know they received it) which usually goes unanswered for several months or in most cases - never. I am being ignored or they realize their error(s)... View More

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answered on Nov 5, 2023

While there may not be an exact federal equivalent to Georgia's O.C.G.A. 24-4-23 regarding the presumption from failure to answer business letters, similar principles can apply at the federal level. For example, under the Administrative Procedure Act (5 U.S.C. § 555(b)), agencies are required... 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.

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