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Georgia Gov & Administrative Law Questions & Answers
1 Answer | Asked in Gov & Administrative Law and International Law for Georgia on
Q: Does the state of Georgia have a reciprocal agreement with Canada for a driver's license (Class 5 equivalent to Class C)

I am relocating from Canada to Georgia. I hold a valid Canadian Drivers License. There is not enough information available regarding the reciprocal agreement on the GA DDS website. The agents also referred to the same website and told us we have to go through a written, road and vision test to get... View More

James L. Arrasmith
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answered on Feb 21, 2024

Navigating driver's license reciprocity agreements between countries can be complex, and it's understandable that you're seeking clarification on whether Canada and Georgia have such an agreement. While Georgia does recognize driver's licenses from certain countries, the... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Georgia on
Q: Can i carry a pistol in my vehicle at 19 in georgia?
James L. Arrasmith
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answered on Jan 14, 2024

In Georgia, the laws regarding carrying a pistol in your vehicle are specific and must be adhered to. At 19 years old, you are under the age limit for obtaining a Georgia Weapons Carry License, which is required for carrying a handgun openly or concealed on your person outside of your own property,... View More

1 Answer | Asked in Divorce, Family Law and Gov & Administrative Law for Georgia on
Q: The title for my motorcycle is in my ex's name, divorce is not finalized, but she's canceled the registration. Options?!

I am currently separated from my spouse and we are un the middle of a divorce that doesn't look to end soon. During our we traded in my motorcycle for a newer one, and titled it in her name. This is my only means of transportation. She doesn't even have a motorcycle license. The bike is... View More

T. Augustus Claus
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answered on Jan 4, 2024

If the divorce is not yet finalized, you can address this issue during the divorce proceedings. You may want to consult with your divorce attorney to discuss the matter and potentially request the court to address the division of assets, including the motorcycle. The court can issue orders to... View More

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 Gov & Administrative Law for Georgia on
Q: Can a warrant show for the owner of a vehicle on a temporary license plate?

My sister has a bench warrant. She has purchased a new vehicle and the vehicle has a temporary license plate. If a police officer is behind her and they happen to run the temporary license plate number, can they determine that she has a bench warrant? I know this can be done off of the permanent... View More

James L. Arrasmith
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answered on Dec 23, 2023

In Georgia, a police officer can potentially link a vehicle with a temporary license plate to its owner during a routine check. When a temporary license plate is issued, it's registered in the state's vehicle registration system, which includes information about the owner of the vehicle.... 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 Construction Law and Gov & Administrative Law for Georgia on
Q: Hello, does § 43-14-8 (2022), H-J mean hvac contractor needs to list the company name they work for on license?
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answered on Nov 17, 2023

Under Georgia law, specifically § 43-14-8, HVAC contractors are subject to certain licensing requirements. While this statute outlines the general requirements and standards for HVAC contractors, it does not explicitly state that contractors must list the company name they work for on their... View More

1 Answer | Asked in Gov & Administrative Law and Civil Rights for Georgia on
Q: Sheriff dismissed me as a bondsman without justification in Georgia. Can I challenge this decision legally?

I am a qualified bondsman in Georgia. Initially, I was approved to bond at my local Sheriff's office, but the Sheriff later dismissed me, stating concerns due to my relationship with my boyfriend, an elected official. He threatened to charge him with misdemeanors for his presence at the jail... View More

James L. Arrasmith
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answered on Mar 27, 2025

You have a potential legal pathway to challenge the Sheriff's dismissal decision. In Georgia, bondsmen operate under specific regulations, and arbitrary dismissal without proper cause may be grounds for legal action, especially if the Sheriff's reasoning has been rendered invalid by... View More

1 Answer | Asked in Civil Rights and Gov & Administrative Law for Georgia on
Q: My husband was wrongfully tagged as a gang member in GA prison. How to remove it?

My husband was wrongfully tagged as a gang member while he is incarcerated in a Georgia state prison. He was not informed of the tag in time to appeal it within the designated 30 days. When he contacted prison officials, they told him he could only sign paperwork stating he is a gang member and is... View More

James L. Arrasmith
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answered on Mar 27, 2025

I understand your frustration with this difficult situation. Wrongful gang tagging can severely impact your husband's incarceration conditions and future parole opportunities.

Your first step should be documenting everything, including which prison placed the tag, all communications...
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1 Answer | Asked in Civil Rights, Criminal Law and Gov & Administrative Law for Georgia on
Q: Is it legal for Georgia officer to make inmates squat and cough publicly and conduct unsupervised drug tests?

I would like to understand the legality of a Georgia outside detail officer making inmates squat and cough on the side of a public road in daylight after discovering an open bag of weed inside their van, which was thrown away by another inmate. The officer made all inmates sit in front of a van... View More

James L. Arrasmith
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answered on Mar 26, 2025

The Supreme Court has ruled that correctional facilities can conduct strip searches, including "squat and cough" procedures, as part of their security protocols. However, these searches must be conducted for legitimate security reasons and cannot be done merely to harass or humiliate... View More

1 Answer | Asked in Criminal Law, Civil Rights and Gov & Administrative Law for Georgia on
Q: How can my cousin be released from jail for a failure to appear on a dismissed charge?

I need help getting my cousin out of jail. She has been in custody since December 4, 2024, with no bond and no court date until July 2025, for a failure to appear on a charge that was previously dismissed. We've been told that it's proper procedure to have no bond set until a judge... View More

James L. Arrasmith
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answered on Mar 26, 2025

Your situation sounds incredibly frustrating and unjust. Being held without bond for a failure to appear on a dismissed charge, especially when the notices were sent to the wrong address, represents a serious procedural error that needs immediate attention. The extended detention without a court... View More

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Georgia on
Q: Officer disciplined for not securing money found in impounded vehicle after tow.

An officer impounded a vehicle and conducted an inventory, noting that the glove box was locked. After completing the inventory, the vehicle was turned over to a towing company, which transported it to their lot outside the officer's jurisdiction. Later, the towing company reported finding a... View More

James L. Arrasmith
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answered on Mar 25, 2025

Taking custody of the money would not have violated the Fourth Amendment in this situation. When a vehicle is legally impounded, police have the authority to conduct inventory searches and secure valuables as part of their community caretaking function. This authority extends to items discovered... View More

Q: Can I appeal a guilty verdict if denied evidence recording and request records?

I was arrested following a traffic stop conducted by the chief of police in Georgia, who then acted as the prosecutor during my bench trial. I was found guilty of obstruction. The judge in my trial previously served as a mayor in another town where the chief had worked as a police officer, and they... View More

James L. Arrasmith
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answered on Mar 24, 2025

You have several strong grounds for appeal based on the procedural irregularities and potential conflict of interest you've described. In Georgia, you generally have 30 days from your conviction date to file a Notice of Appeal with the clerk of court where your trial occurred, followed by a... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Georgia on
Q: On federal watchlist without due process, seeking advice on actions to take.

I recently discovered I'm on a federal watchlist without any due process, leading to constant monitoring by citizens and law enforcement. When I sought clarification from authorities, I was told there's nothing they can do. Despite documenting several incidents, including being arrested... View More

James L. Arrasmith
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answered on Mar 24, 2025

Being on a watchlist without explanation can be incredibly frustrating and stressful. Your experience highlights serious concerns about transparency and due process in our surveillance systems.

Your first step should be consulting with a civil rights attorney who focuses on government...
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1 Answer | Asked in Criminal Law, Social Security and Gov & Administrative Law for Georgia on
Q: Options if denied public defender due to SS income?

I have been charged with criminal trespass by a family member, and the state has picked up the charge. At my court appearance, I applied for a public defender, but they said my social security income was too high to qualify, using my gross monthly income of $2,000. They did not consider any... View More

James L. Arrasmith
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answered on Mar 16, 2025

Since you were denied a public defender based solely on gross income without considering deductions or your actual living expenses, you can request a reconsideration. Visit or call the public defender's office directly, and politely explain your financial situation in more detail, including... View More

1 Answer | Asked in Immigration Law and Gov & Administrative Law for Georgia on
Q: How to maintain domicile in Georgia while living abroad?

I am planning to live abroad in Thailand for 2-6 years and want to understand how to maintain my domicile in Georgia. I currently have no property or business in Georgia, but I am registered to vote in Richmond County and have held a Georgia driver's license since November 2021. Additionally,... View More

James L. Arrasmith
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answered on Mar 9, 2025

Maintaining your domicile in Georgia while living abroad involves demonstrating your ongoing ties and intention to return. First, keep your Georgia driver’s license current by renewing it whenever necessary, using your Richmond County address, possibly through a friend or family member who can... View More

2 Answers | Asked in Constitutional Law, Criminal Law and Gov & Administrative Law for Georgia on
Q: Can an officer also be a prosecutor in issuing a search warrant?

In a search warrant that resulted in two people being arrested, can the arresting officer, who also investigated the alleged crime, serve as the prosecutor who both requested and signed the warrant for it to be issued?

Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Mar 3, 2025

Yes, the officer is considered the prosecutor of the search warrant because he or she is the one presenting the alleged probable cause to the magistrate as they are requesting the issuance of the warrant.

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1 Answer | Asked in Gov & Administrative Law, Immigration Law and Civil Rights for Georgia on
Q: Can I use a body cam in a Georgia Walmart for safety and documentation?

I'm a veteran of the fire department, 100% VA, and have six years of 911 college experience. I had several conflicting encounters with a Walmart manager in Georgia, who dismissed my professional observation during one incident when I encouraged an employee to get medical help for a co-worker... View More

James L. Arrasmith
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answered on Feb 24, 2025

Using a body cam in a Georgia Walmart involves navigating both state law and store policies. Georgia follows one-party consent for audio recording, allowing you to record conversations you're part of, but video recording in a private business is more nuanced. Walmart, as a private... View More

1 Answer | Asked in Gov & Administrative Law, Real Estate Law and Traffic Tickets for Georgia on
Q: Do police need a permit to monitor speed from a church lot in GA?

In Hall County, GA, do police officers need a permit to independently monitor traffic speed on a public road while stationed in a privately owned church parking lot, where 'no loitering' signs are posted and without prior permission from the church?

Glenn T. Stern
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answered on Feb 20, 2025

Perhaps? But either way, I do not think that would be relevant to the elements of a speeding offense and would not invalidate the ticket.

1 Answer | Asked in Criminal Law, Child Support, Civil Rights and Gov & Administrative Law for Georgia on
Q: why does the Gilmer county sheriff office find it acceptable to put me in jail for threats ut not someone else I'm gay?

I have been to Gilmer county jail, twice with no charges, was in there for a year. once for threats, but when someone threatens my life and the life of my roommate they do nothing. and this is the third or fourth time I have made a complante against the person, its because I am gay,

James L. Arrasmith
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answered on Jan 24, 2025

It sounds like you're facing a deeply unfair and frustrating situation. Being treated differently because of who you are is not acceptable, and it’s clear this has been a painful and stressful experience for you. If someone is threatening your safety, your concerns deserve to be taken... View More

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