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Georgia Gov & Administrative Law Questions & Answers
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

2 Answers | Asked in Gov & Administrative Law, Bankruptcy and Military Law for Georgia on
Q: The United States Government is a foreign corporation with respect to a State of the Union.” In Re Merriam’s Estate, 36

1. N.E. 505, 141 N.Y. 479, affirmed 16 S.Ct.

1073, 41 L.Ed. 287. S. Is United States foreign land to the United States of America?

2. Is Common law the law of the land? Hale v Hankel 201 U.S. 43

3. Is the Attorney’s first duty to the courts? Doesn’t that make it a... View More

Timothy Denison
Timothy Denison
answered on Jan 14, 2025

What is your question?

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1 Answer | Asked in Immigration Law and Gov & Administrative Law for Georgia on
Q: My green card, license and passport expired but I don’t physically have them to turn in. How do I renew my green card?
James L. Arrasmith
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answered on Dec 15, 2024

Let me help you understand the green card renewal process without having your old documents.

First, you'll need to file Form I-90 (Application to Replace Permanent Resident Card) with USCIS. You can submit this form online through the USCIS website or by mail, and you'll need to...
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1 Answer | Asked in Real Estate Law, Business Law, Election Law and Gov & Administrative Law for Georgia on
Q: Our HOA mgmt. co. broke several bylaw and CC&R rules to elect a puppet board. What are our options as a community?

Eight months ago, our HOA went from builder control to community control. The election, to our belief, was illegal in that the HOA mgmt. company broke bylaw & CC&R rules plus State (GA) HOA code rules in conducting the election. They also counted votes in secret without an auditor present.... View More

James L. Arrasmith
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answered on Oct 6, 2024

In your situation, the first step as a community is to gather support from as many homeowners as possible who share your concerns. Document all the actions that violate the HOA's bylaws, CC&Rs, and Georgia state HOA code. This documentation will be critical if you decide to pursue legal or... View More

2 Answers | Asked in Immigration Law and Gov & Administrative Law for Georgia on
Q: i have a friend that was detained by ICE for crossing the border illegally, he has been detained for over a month now.

what can we do to get him bailed out of detention so he can start his asylum process, he called me few weeks ago and i ask him if they are planning on releasing him anytime soon, he said he doesent know because since he was detained they just kept him there without asking him any questions i need... View More

Caridad Pastor
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Caridad Pastor
answered on Oct 1, 2024

You can ask ICE to release or file a bond motion depending on how your friend entered and if he was placed in proceedings. This is complicated and and the best chances of getting your friend release is with a lawyer. I strongly suggest to hire a lawyer.

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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
James L. Arrasmith
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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 Family Law, Gov & Administrative Law, Government Contracts and Probate for Georgia on
Q: I’m a beneficiary of my father’s will, and I have been misled by his granddaughter who is the excuitor of his will what

I have no copy of the will but I was urgently forced to sign a document that she had, I never received any copy of it from her so I recently got one from the court and I am now trying to find out what I can do about it. I now understand that she has had me pretty much waive my rights to ask about... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Mar 9, 2024

You should go by the probate court where the will is filed and get a full copy of the probate file. It will include a copy of the will. Once you review it, if you believe something is wrong, contact a lawyer specializing in probate law to get advice.

1 Answer | Asked in Personal Injury, Traffic Tickets, Gov & Administrative Law and Wrongful Death for Georgia on
Q: If unsanctioned signs on the dot right of way are blocking my view of traffic, who is liable?
Tim Akpinar
Tim Akpinar
answered on Mar 1, 2024

A Georgia attorney could advise best, but your question remains open for a week. It could depend on the nature of the signs and extent of obstruction of visibility they created, and who exercised control over the site. Additional details would be useful to enable a more detailed analysis. Good luck

1 Answer | Asked in Gov & Administrative Law for Georgia on
Q: can I register a 125 cc dirt bike I bought off of Amazon to make it Street legal in georgia?

I have all the things to make it Street legal(horn,lights,blinker,etc). I was wondering if I can just go to the tag office and change it from a MOS to a georgia title. Also what other documents do I need along with this process?

James L. Arrasmith
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answered on Nov 12, 2023

In Georgia, converting a dirt bike to be street legal involves several steps. First, ensure your dirt bike meets all the necessary equipment requirements for street-legal vehicles, such as headlights, taillights, turn signals, a horn, and mirrors. Next, you will need to have the bike inspected to... View More

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