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Georgia Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for Georgia on
Q: got citation for no working brake or tail lights 1 was out but mY other 2 and a half brake lights and blinkers was wrk

The searched my car and found schedule 2 pills I told them no they couldn't search n they got the dog the pills was dropped by a friend I picked them up n put n a bottle intending on throwing them away weeks ago and forgot can I get it dismissed based on the original reason they stopped me he... View More

James L. Arrasmith
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answered on Dec 5, 2023

In Georgia, if you received a citation for non-working brake or tail lights but believe this was incorrect because your lights were functioning, this could potentially be a basis to challenge the traffic stop. However, the subsequent discovery of schedule 2 pills during the search adds complexity... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Georgia on
Q: Who do I contact if I have a complaint against a bail bondsman?

I had a refund check for my bail and they released it without my signature. I have requested a copy of the back of the check and they will not respond

James L. Arrasmith
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answered on Dec 5, 2023

In Georgia, if you have a complaint against a bail bondsman, you should contact the Georgia Department of Insurance. This department oversees the licensing and regulation of bail bondsmen in the state. They have the authority to investigate complaints and enforce regulations.

To file a...
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1 Answer | Asked in Criminal Law for Georgia on
Q: Can anyone help on a bench warrant issued for my son for a parking violation involving a boot at UGA?

The boot wasn’t installed properly and laying by the tire. My son put it in his trunk. After paying fees, my son thought he bought it and didn’t return boot. Now University police claim he stole it, hence the bench warrant.

James L. Arrasmith
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answered on Dec 4, 2023

In this situation, the first step is to address the bench warrant. It's important for your son to not ignore this warrant, as it can lead to further legal complications. Consulting with an attorney experienced in such matters, particularly one familiar with the jurisdiction of the University... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: Can D.A add charges to indictment that I was not arrested for

Was arrested for misdemeanor assault, State added felony false imprisonment to indictment.

No arrest warrant executed by law enforcement for felony, yet only misdemeanor warrant exists. Can Da legally do this

James L. Arrasmith
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answered on Dec 4, 2023

In criminal proceedings, it is possible for a District Attorney (D.A.) to add charges to an indictment that were not part of the initial arrest. This can happen if, during the investigation or preparation for trial, additional evidence comes to light that supports more serious or additional... View More

1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: Does fourth amendment waiver apply to the garage of a residence if it's not attached to the house?

How does the waiver apply to areas that others are in? And do police have a right to search after an arrest warrant has been executed and person is in handcuffs. Basically me an my boyfriend were in the garage which is a separate building from house. Th police showed up to arrest him on a vop... View More

Serge Jerome Jr.
Serge Jerome Jr.
answered on Nov 28, 2023

It depends on whether he lives there or not. If he lives there than yes it covers the garage if it is on the same property. If the garage is on a separate property or he does not live at the residence than any search of the garage is illegal and anything found in that garage is considered... View More

1 Answer | Asked in Criminal Law and Animal / Dog Law for Georgia on
Q: My dog was stolen, beat to death, &thrown over bridge. Was law enforcement supposed to visit the scene for investigation

I reported when stolen, they couldn’t help me even though I told them he was going to be killed. When I found my dog, filed a report, contacted animal control but they were closed for holiday weekend. I had to retrieve my dog myself. How are they investigating if nobody ever went to the scene or... View More

T. Augustus Claus
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answered on Nov 27, 2023

I am sorry to hear about the tragic loss of your dog. It is understandable that you are upset and frustrated with the way your case has been handled by law enforcement.

According to the Animal Welfare Act, all animal cruelty cases, including theft and animal killing, are supposed to be...
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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

James L. Arrasmith
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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

1 Answer | Asked in Civil Rights and Criminal Law for Georgia on
Q: Can a police officer tell the media your name and how you helped arrest a gang leader and drug dealer?violation?

Told news paper the name along with every detail of how you were involved in the arrest. It's a young girl in a small town and it's the chief of police. He went into detail to the point of even telling the signal from the girl they waited on to run in and all this was told to the news... View More

James L. Arrasmith
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answered on Nov 24, 2023

Releasing detailed information about an individual's involvement in a police operation, especially to the media, can raise serious privacy and safety concerns. In Georgia, as in other states, there are legal and ethical considerations regarding the disclosure of such information, particularly... View More

2 Answers | Asked in Criminal Law, Civil Rights, Domestic Violence and Sexual Harassment for Georgia on
Q: I need an Attorney to call the Fulton County Sheriff's dept to see if there's Felony Warrants coming from Escambia Fl.

11/19/2023 Hello. I have a group of Africans that stole my identity claiming they own me. They forged fraudulent paperwork claiming they're married to me,claiming they're my financial responsibility. Claiming they own me. I found out they all served 20 years at Century Correctional... View More

Joshua Schiffer
Joshua Schiffer
answered on Nov 20, 2023

It doesn't quite work like that but you certainly need to pursue the folks trying to harm you. Since you are a victim of the fraud you need to make the appropriate reports with the appropriate authorities, as different agencies have different obligations/duties and are not going to be able to... View More

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1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Georgia on
Q: My ex has threatened suicide. How do I prevent visits until he is evaluated and helped?

My ex and I divorced in Colorado. I reside in Georgia and he is in New York City. He is a vet with PTSD. He told me 24 days ago, along with his other ex, that he thinks about killing himself daily. He continued to talk about just wanting to end his life, while talking about his other ex and I... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 16, 2023

If you want the courts intervention before the father's next scheduled visit, you will have to immediately file for a modification an have the father served. Then ask the court for an emergency hearing and in that request it will have to specify the reasons for the urgency. If not, you will... View More

2 Answers | Asked in Traffic Tickets and Criminal Law for Georgia on
Q: how long does authorities have before their required to charge one with drug possession from a traffic stop.
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answered on Nov 14, 2023

The amount of time that law enforcement agencies have to charge someone with drug possession from a traffic stop varies depending on the jurisdiction. In some jurisdictions, the statute of limitations for drug possession cases is one year, while in other jurisdictions, it may be two years or even... View More

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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Georgia on
Q: Can a motion to modify sentence be filed after a denial of a appeal?

My brother was denied appeal last month we I want to know can he put in for a sentence reduction

James L. Arrasmith
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answered on Nov 12, 2023

Yes, after the denial of an appeal, it is still possible to file a motion to modify a sentence, though the specifics can vary depending on the jurisdiction and the particulars of the case. This motion asks the court to reconsider the length or terms of the original sentence.

It's...
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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 Criminal Law for Georgia on
Q: An alabama inmate with pending charges in Kentucky filed for a speedy trial so ky lodged a detainer on him

The inmate filed for speedy trial again and ky sent a letter saying "the indictment has not been served the defendant has not been arraigned therefore we cannot answer any motions". The inmate filed for final disposition and ky wrote "insificiant jurisdiction" has the inmates... View More

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answered on Nov 9, 2023

The right to a speedy trial is a complex issue, particularly when it involves multiple jurisdictions. If an inmate has not been served or arraigned, the process has not formally begun in the eyes of the court. It's important to note that 'sufficient jurisdiction' must be established... 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

2 Answers | Asked in Criminal Law for Georgia on
Q: Is enticing a riot in a penal facility a felony charge in Georgia?
Glenn T. Stern
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answered on Nov 8, 2023

Yes, I believe it could be charged as a felony.

Georgia Code § 16-10-56 reads:

"No person legally confined to a penal institution shall commit an unlawful act of violence or any other act in a violent or tumultuous manner in a penal institution Any person who violates this...
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1 Answer | Asked in Criminal Law for Georgia on
Q: What possible defenses does a defendant have if they did not know that someone they were with had drugs on them?

My brother was caught with drugs while going to the jail for an inmate visit. I had given him a ride but was not privy to the drugs he had with him. When the cops found the drugs on him I was taken on his behalf because he was a minor in my care. What are my defenses?

Serge Jerome Jr.
Serge Jerome Jr.
answered on Nov 7, 2023

If a defendant did not know that someone they were with had drugs on them, they could use the defense of lack of knowledge or ignorance. This defense would be used to show that the defendant did not have any knowledge of, or intent to possess, the drugs. Other possible defenses include duress,... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: have you heard of people killing their family members with direct energy weapons? I can prove it how would you prosecute

These are direct energy weapons the EPA just released., In April 2023 the EPA just released information saying these weapons were in production. I had a relative who worked with NASA they have had them. I hate how they assume that you are not smart or intelligent enough to figure these things out.... View More

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answered on Nov 7, 2023

If you believe you have evidence of a crime, such as the use of direct energy weapons, you should immediately contact law enforcement to report your suspicions and provide them with any proof you have. The investigation would likely involve various law enforcement agencies, potentially including... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: I have 2 major questions. I been in prison since I been 17 for felony murder without a underlying felony.

I have a felony murder charge that I was found guilty on but I was never charged or convicted of the underlying felony.

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answered on Nov 6, 2023

Yes, you can be convicted of felony murder in Georgia without an underlying felony. This is because felony murder is a "status crime." This means that the prosecution does not need to prove that you intended to kill the victim or that you committed another felony to convict you of felony... 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!

James L. Arrasmith
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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

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