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Georgia Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Legal Malpractice for Georgia on
Q: If the superior court is Federally funded and Due Process is violated, who is held liable for all the damages caused?

I know Sovereign Immunity Defense is not available for money damages claims when constitutional rights are violated. I suffered heart attack symptoms after the moral torpidity of the definite bias of the Judge. I was then subjected to 53 days of solitary confinement with no medical treatment and my... View More

James L. Arrasmith
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answered on Oct 28, 2023

When constitutional rights are violated, particularly by state actors such as courts or law enforcement, individuals can potentially bring a claim under Section 1983 of the U.S. Code. This allows individuals to sue state and local government officials for damages when they've violated federal... View More

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.

Q: I work in the hotel that I am living in with my family can I be kicked out for leaving the property after work?

I am living with my husband in two small children in a hotel i was paying daily then I started working here for a room for me and my family. I do not get paid I stay here for no cost i work 7 days a week. the manager has been messaging me making me feel kind of uncomfortable chose to ignore it... View More

James L. Arrasmith
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answered on Oct 15, 2023

I'm deeply concerned about your situation. Based on what you've described, it seems you may be facing potential labor and housing violations, as well as potential harassment. It is crucial to document all interactions, messages, and any incidents with the manager. The Fair Labor Standards... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Personal Injury for Georgia on
Q: ADA rights in Civil court ? informed judge of disability; found atty; he needed 1day delay for hearing. Request ignored

Had given note to judge of disability from doctor with request also.

James L. Arrasmith
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answered on Oct 15, 2023

In the United States, individuals with disabilities are entitled to reasonable accommodations under the Americans with Disabilities Act (ADA) to ensure equal access to the judicial system. This includes accommodations in civil court proceedings. It's concerning that your request for a one-day... View More

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Georgia on
Q: If officer during a traffic stop is investigating beyond scope of stop asking questions to mislead for investigating/

Reason for something different the officer is technically questioning to further investigation to continue and if your considered detained and unable to leave till he is finished should officers inform you of your right or warn you????? Your lawfully detained under officers custody weather on side... View More

John Michael Frick
John Michael Frick
answered on Oct 3, 2023

If you are in custody for a crime, before police interrogate you, they should read you your Miranda warnings. Otherwise anything you say may be excluded from evidence in any subsequent trial against you for commission of a crime.

Be aware that does not mean that charges against you are...
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1 Answer | Asked in Criminal Law and Constitutional Law for Georgia on
Q: In ga if you haven't received a bond in 90 days what can be done lots of things in this case that aren't right

Incarcerated and held for 7 days before Miranda rights were read to him, was walking out of a store when arrested so entrapment Co defendant released by his po because he stated was a wrongful arrest

Glenn T. Stern
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answered on Sep 27, 2023

Miranda only applies if the police question you. If you are arrested and they don't mirandaize you before questioning you, then You can challenge the admissibility of those statements.

If you are held for 90 days without indictment, you can file a motion with the court for bond and the...
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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Georgia on
Q: If you are interagated by loss prevention at a food city grocery store with out a police officer are your lawyer

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

James L. Arrasmith
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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

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 Criminal Law and Constitutional Law for Georgia on
Q: Is a warrant valid if it contains the wrong O.C.G.A code with the stating charge
James L. Arrasmith
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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

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 and Criminal Law for Georgia on
Q: Good afternoon Im seeking help trying to get justice for my cousin who was murdered in Dothan Alabama. The police refuse

Do a investigation. The murderer is still walking free and they knw who did it. Who can I call

John Michael Frick
John Michael Frick
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...
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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.

1 Answer | Asked in Criminal Law and Constitutional Law for Georgia on
Q: Can law enforcement search my home before a search warrant is signed, or enter it uninvited? GA

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

Glenn T. Stern
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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

2 Answers | Asked in Criminal Law and Constitutional Law for Georgia on
Q: Is denying a preliminary hearing illegal if someone is charged with a felony, not been indicted yet, in Georgia?
Robbie Levin
Robbie Levin
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...
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1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Constitutional Law for Georgia on
Q: I'm being charged for Same offense in 2 separate courts?Higher court has been disposed and rehabilitated.

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

James L. Arrasmith
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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

1 Answer | Asked in Constitutional Law for Georgia on
Q: Can I use a shovel to defend myself if I'm scared for my life and he has a metal pipe one to hit me with it is it okay f
James L. Arrasmith
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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

1 Answer | Asked in Civil Rights and Constitutional Law for Georgia on
Q: Im a cop and I have a question about the legality of an action before I do it.

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

James L. Arrasmith
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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

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Georgia on
Q: I was arrested for driving to work for suspended license twice in 7 days. What Civil rights and laws did they break?

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

James L. Arrasmith
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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

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

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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

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