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Georgia Municipal Law Questions & Answers
1 Answer | Asked in Civil Litigation and Municipal Law for Georgia on
Q: Can the police come to my yard and tow my truck without my permission

They came to my house and said that I don't have insurance. I showed them proof of insurance, my registration, and my license and they still took it. This is the second time. The fist time I had to pay 1,200 dollars to get my truck back.

James L. Arrasmith
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answered on Feb 4, 2024

In the United States, law enforcement agencies generally have the authority to tow a vehicle if they believe it is in violation of certain laws or poses a threat. However, the specific circumstances vary by state and local regulations.

If you have valid proof of insurance, registration,...
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1 Answer | Asked in Real Estate Law, Tax Law, Collections, Federal Crimes and Municipal Law for Georgia on
Q: So the city has annexed a distillery that is on a county road which should be out side city limits but they say they

Have the highway county does not allow sales outside Gilmer -city of ellijay - very weird but we are wanting to move in the area with our property but they put up signs and looks horrible

James L. Arrasmith
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answered on Dec 25, 2023

In your situation, where a city has annexed property that includes a distillery on a county road, there are a few steps you can take to address your concerns. First, it's important to understand the specifics of the annexation process. Typically, a city can annex adjacent areas through legal... View More

1 Answer | Asked in Gov & Administrative Law, Land Use & Zoning, Real Estate Law and Municipal Law for Georgia on
Q: What are the rules of property boundaries in the city of Rincon and state of georgia?

My Difficult neighbor is trying to state that where the boundary line begins/ends to My property actually is 5 to 7 feet away from the rock That has been placed as a marker by the surveyors of plots/property ownership, Hence saying that I am unable to put a fence up where the actual block to divide... View More

James L. Arrasmith
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answered on Nov 7, 2023

Property boundaries in Georgia are generally determined by a recorded plat, a legal land survey, or the property deed descriptions. If there is a dispute about where the actual boundary lies, it's usually necessary to get a new survey conducted by a licensed land surveyor. In Rincon, as... View More

1 Answer | Asked in Land Use & Zoning, Municipal Law and Real Estate Law for Georgia on
Q: What can I do if someone left a camper on my property over a year ago. Can I remove it from my property without any lega
T. Augustus Claus
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answered on Sep 29, 2023

The laws concerning abandoned property vary by jurisdiction, but you may need to go through a legal process to remove the camper. Generally, this involves notifying the owner and giving them a certain amount of time to remove it before you can take action. Failure to follow the proper procedures... View More

1 Answer | Asked in Landlord - Tenant and Municipal Law for Georgia on
Q: My apartment complex will not fix my Central AC unit. I have been without AC for over 30 days with no insight of when it

Will be fixed. They haven’t offered any kind of help (window unit, fan, etc) it gets over 90 degrees in my apartment.

T. Augustus Claus
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answered on Jul 28, 2023

Georgia, landlords are generally required to provide essential services, including working air conditioning, to tenants. If your central AC unit has been non-functional for over 30 days and the landlord has not made any effort to repair or provide an alternative solution, it may be considered a... View More

1 Answer | Asked in Traffic Tickets and Municipal Law for Georgia on
Q: 1) If a car is parked legally and there is no indication of a crime, can a PO randomly run a tag?

...and then 2) If the car is found to not be currently insured, can the PO wait until the car is driven to issue a ticket, or does he have an obligation to prevent the crime? (Since I was standing and sitting near or in the car for a few hours prior to driving and saw the officer / made eye contact... View More

Glenn T. Stern
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answered on Jul 28, 2023

Yes, you have no right to privacy over your license plate. It's observable to the public so you have no expectation of privacy. Furthermore, some police now have technology in their vehicles that automatically scans all the license plates around the police car, runs them, and then alerts the... View More

1 Answer | Asked in Municipal Law for Georgia on
Q: Is there a form I must file in order to request that a municipal court transfer citations to a higher court
Joshua Schiffer
Joshua Schiffer
answered on May 5, 2023

Only SOME cases in muni court can be transferred to a State or Superior Court. It depends on the charge as well as how the state choose to charge it.

DUI and more substantive crimes almost always can be bound over to a trial court, you just need to file a Jury Demand or a motion to bind...
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1 Answer | Asked in Criminal Law and Municipal Law for Georgia on
Q: never left the store or came back when I realized the item didn’t go through on the Apple Pay is that still shoplifting
Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Feb 8, 2023

In determining whether a person had the intent to shoplift, the courts will usually look at whether you or the accused passed all points of sale (all registers, cashiers, self-check out, etc.). It depends on where you were in the store when they stopped you.

1 Answer | Asked in Real Estate Law, Municipal Law and Land Use & Zoning for Georgia on
Q: Do I need a permit for a 50' antenna tower?

I'm in Grovetown, I want to put up a 50-foot tower in my yard for a CB antenna. Do I need a permit, If so how to get it? My yard is 2 acres, there's a neighborhood wrapping around one corner, one side has a street, and the other side is a house with a few acres. plz help and thx.

T. Augustus Claus
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answered on Aug 3, 2023

In Georgia, the requirements for permits for antenna towers may vary depending on the local zoning and building regulations in your specific area, such as Grovetown. Typically, the need for a permit may be determined by the height of the tower and other local regulations.

1 Answer | Asked in Criminal Law, Traffic Tickets and Municipal Law for Georgia on
Q: O.C.G.A. 40-6-395 Is this a conviction of this crime and is this right?

I had an incident where I was speeding, I got scared when i saw the police lights, and ran from the officer in my vehicle, then calmed down and left my car in park to walk back to where the officer had stopped to turn myself in. In court, the judge ruled it as a traffic infraction with no points... View More

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 18, 2022

DDS is an executive agency with its own policies and rules, which the Georgia Legislature delegated the legislative authority to DDS to make. An answer explaining separation of powers, the non-delegation doctrine, and that it is a privilege, not a right, to drive in Georgia would require a lengthy... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Municipal Law for Georgia on
Q: She got into a altercation with a minor wasn't aware of her age no injuries we're sustained but it's a possible video

Don't know if the parents are pressing charges & for the moment she is in jail and bond is posted and already had a court appearance but asked for a court appointed lawyer & he hasn't showed nor called her & the charges she have is Aggravated assault (Felony) Cruelty to... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Sep 7, 2021

The first and only thing she should do now is secure defense counsel. She should not be speaking with anyone about the situation - period. Only discussions with legal counsel are protected.

2 Answers | Asked in Criminal Law, Legal Malpractice and Municipal Law for Georgia on
Q: how much would it cost me if you got my dads case file?
Robbie Levin
Robbie Levin
answered on Aug 26, 2021

I'm not sure what you mean by getting your dad's case file. Is it hidden somewhere, and you need someone to find it? Please give additional information as to what you are trying to accomplish.

For more information, visit my website at www.LevinLawyerGa.com

-Law Office of...
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1 Answer | Asked in Civil Litigation, Landlord - Tenant, Municipal Law and Public Benefits for Georgia on
Q: What do I do when my HOA acts in an inappropriate manner?

1. HOA pools are defined as public in the department of public health document regarding pools. Public pools are smoke-free. But my HOA refuses to uphold a non-smoking rule.

2. The board member in charge on the grounds has a maintenance company and performed a job for the HOA. Conflict of... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 16, 2021

If the HOA is not policing itself, then you can either vote the Board off and correct it, or you can consult with a HOA attorney in your area, obtain your options and then decide how to proceed from there. If there are other members of the HOA who are like mind with you, then y'all may be... View More

2 Answers | Asked in Criminal Law and Municipal Law for Georgia on
Q: If my case was “Nolle Prosequi”, will my arrest still show on a background check?

I was arrested for a misdemeanor shoplifting charge in Georgia in 2020. I completed a Pretrial diversion program and was granted Nolle Prosequi. The municipal court mentioned something about a restricted record. Will my arrest show up? Is there any way to check? I want to be able to have a clean... View More

Robbie Levin
Robbie Levin
answered on Feb 4, 2021

If the case has a record restriction, it should only be available to law enforcement.

For more information, visit my website at www.LevinLawyerGa.com

-Law Office of Robbie M. Levin, Esq.

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Municipal Law for Georgia on
Q: Is it inhuman to keep an inmate in a holding cell for 13 days without a phone call or visit of any kind. Under invest.
Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Feb 10, 2020

It depends. It is best to consult an attorney as soon as possible who can assist you with the specifics of your circumstances.

We are glad to assist you. Contact us whenever you are ready.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Education Law, Municipal Law and Public Benefits for Georgia on
Q: Is is legal for a PTA to auction off spots for cars in a "parent pick up line" ?

In an elementary school the parent pick up line starts to form more than 90 min before the students are released at the end of the day. The line is very long and the PTA has auctioned off the first two spots in the front of the line for the two parents (with the highest bid) to arrive anytime... View More

Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Nov 8, 2019

I don't hear anything illegal about what you have described. As long as the school's administration approves and there are no safety or traffic laws broken, the PTA can auction off those coveted spots. On the other hand, enforcement may prove interesting!

-The Upshaw Law Firm,...
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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Municipal Law for Georgia on
Q: Texas has a hold on my husband in GA. If they dont Pick him up within 14 days and file for an extention is he released?

Texas has a hold, husband is in GA jail (paulding) if they don't file for an extention immediately, does paulding county detention center HAVE to release him? Already have a lawyer working for him in TX, just need to get him out of jail here to get him home to myself and our children under 2... View More

Ecleynne Mercy
Ecleynne Mercy
answered on Jul 15, 2019

It all depends on the Sheriffs. Different counties have different policies. However, you may want to just check with TX and see when they are going to pick him up first. Because if they make a promise to pick him up he may not be released in 14 days.

1 Answer | Asked in Personal Injury, Car Accidents, Gov & Administrative Law and Municipal Law for Georgia on
Q: Can I sue the police Officer and Gwinnett county for rear ending me
Peter N. Munsing
Peter N. Munsing
answered on Mar 18, 2019

Sure. However there's a complicated thing called the state tort claims act so the best thing is to consult a member of the Ga. Trial Lawyers Assn in that county --they give free consults.

1 Answer | Asked in Criminal Law and Municipal Law for Georgia on
Q: Can a case be thrown out after diversion
Ecleynne Mercy
Ecleynne Mercy
answered on Dec 20, 2018

After success completion of the diversion program, you case will be dismissed. Thus, giving you the opportunity to have that arrest and that charge Restricted from you Record with a record restriction. I hope this helps!

Ecleynne Mercy Esq.

(404) 599-3031

Mercy Law P.C.

www.mercylawpc.com

1 Answer | Asked in Criminal Law, Landlord - Tenant and Municipal Law for Georgia on
Q: Can neighbor complaints be enough for a judge to sign a search warrant in Ga
David Edward Boyle
David Edward Boyle
answered on Oct 23, 2018

Possibly, depends on what information they provided. If the neighbors told the police they saw you kill someone and bury them in the backyard then of course that would be enough to justify a search warrant to dig up your backyard.

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