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Georgia Questions & Answers
1 Answer | Asked in DUI / DWI and Criminal Law for Georgia on
Q: i got a citation for my coworker's weed that he had in his car and his bowl. is there anyway to avoid punishment?

on the ticket it says i was a passenger, and the owner of the weed is not going to be at the court date. its less than an ounce of marijuana. what should i do in this situation? i just got my car running and i dont wanna get my license suspended or serve probation. it was a running car parked in... View More

John Kim
John Kim
answered on May 24, 2024

This is a question best asked to a criminal defense attorney, who can investigate further into the specific details of your case. Possession of marijuana (less than an ounce) is a misdemeanor in Georgia, punishable up to 12 months in jail and/or $1,000 fine. In addition, it can trigger an automatic... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: If I'm on bond and not got in any trouble and the DA adds more charges that I was not charged with originally can I be

Arrested again and bond revoked.

John Kim
John Kim
answered on May 24, 2024

It sounds like the DA directly indicted you on additional charges (i.e., you were not arrested on those charges but they are new charges arising out of the same incident). Unfortunately, in that situation, you can be arrested on those new charges. Unless the DA had a specific reason/basis to seek... View More

1 Answer | Asked in Constitutional Law and Personal Injury for Georgia on
Q: my father beat me when i was 16 the police was called but nothing happened to him because he is friends with the officer

i have police report that says it was child abuse medical records saying i have bruising cause by my dad weeks after it happened day by day photos. and because my dad and the police officer talked to the DFCS they turned everything around on my mom they made my mom take therapy at my dad's... View More

James L. Arrasmith
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answered on May 24, 2024

I'm deeply sorry for what you've endured. Given your deadline in June, it's essential to act quickly. Your situation involves potential claims against your father, the police officer, and DFCS for abuse, misconduct, and negligence.

First, gather all your evidence, including...
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1 Answer | Asked in Civil Rights and Gov & Administrative Law for Georgia on
Q: The HB1105 bill that in Georgia. As being citizens what hold city accountable for as being sanctuary city ?
James L. Arrasmith
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answered on May 24, 2024

House Bill 1105 in Georgia aims to hold cities accountable if they act as sanctuary cities, which means they limit cooperation with federal immigration authorities. As citizens, you have a few ways to ensure your city complies with state laws regarding sanctuary city policies.

First, you...
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1 Answer | Asked in Real Estate Law for Georgia on
Q: I made an offer on a house thru the realtor who has shown us the house. He now wants us to sign a document stating that

he must be our realtor for any other sales in GA. We have put an offer on land last week before our offer on this house. Would he have a right to a commission on this land sale? He states it is GA law re the 120 days for him to represent us. We live in FL. Thanks!

James Clifton
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James Clifton
answered on May 23, 2024

You do not have an obligation to sign any agreement that extends the representation beyond the original agreement. There is no Georgia law regarding length of representation.

Schedule a free consultation to have someone review the paperwork the real estate agent has submitted to you for...
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1 Answer | Asked in Traffic Tickets for Georgia on
Q: Do you have to know that the decal is no longer affixed on the tag to be guilty of this violation?
Glenn T. Stern
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answered on May 20, 2024

No, there is no requirement of knowledge as an element of the offense under the law. Most traffic offenses (including this one) merely require that the offense be committed (e.g., it is not necessary that they prove you knew that you were speeding, only that you were speeding.)... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: How do I go about getting my motion of discovery
Glenn T. Stern
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answered on May 20, 2024

You have to pair your own motion (i.e. a written request), file one with the court, and then serve a copy upon the prosecutor's office. If you have an attorney, your attorney should be doing that for you. If you are representing yourself, you might want to go to the law library and read up on... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: Is it a clear violation of constitution right. For a judge to denie a def.s only witness to testify doing trial
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answered on May 19, 2024

I wouldn't say it's a "clear" violation. There are many reasons why a witness would not be permitted to testify. For example, if the court determined that that they had no evidence to offer that was legally relevant to the elements of the charges before the judge or jury, that... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Georgia on
Q: I recently discovered that my sentences are void. Upon remand for resentencing, can I receive more prison time? (GA)

Case law supports my claims, the Court of Appeals will remand for resentencing. 4 of my 5 sentences are void, will the appellate court vacate them all because they were part of the same judgment?

James L. Arrasmith
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answered on May 19, 2024

If your sentences are found to be void and the Court of Appeals remands for resentencing, it is possible that you could receive more prison time, but this depends on various factors. The appellate court typically vacates all sentences that are part of the same judgment if they are intertwined.... View More

1 Answer | Asked in Tax Law and Gov & Administrative Law for Georgia on
Q: If I bury a loved one in the back yard in the state of Ga, will that property become exempt from paying property tax
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answered on May 18, 2024

Burying a deceased person on private property without proper authorization and permits is against the law in the state of Georgia and most other jurisdictions.

In Georgia, burials must take place in established cemeteries or on private property that has been approved for a burial by the...
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1 Answer | Asked in Criminal Law for Georgia on
Q: Can a person go to prison for a crime they say the person did but no evidence presented linking the person to the crimee
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answered on May 18, 2024

Yes, a witness statement alone can be sufficient for a conviction if the judge injury find the witness to be credible. It's would not be enough just to say "he did it" without more. They would need to be able to explain how they know he did it, but if the explanation was convincing,... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: Should a indictment 1 count of Arm robbery and with no other underlying offenses been objected to by defend counsel

Is an indictment that charges Arm robbery without charging a weapon fatally defective

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answered on May 16, 2024

The answer is maybe. It's not a question that's easily answered without actually being able to read the indictment or knowing the actual facts of the case. But, for example, in Georgia a person can be convicted of armed robbery if the victim reasonably believed that the person did in... View More

1 Answer | Asked in Immigration Law for Georgia on
Q: Do you need to show fixed assets for F2 visa interview for your spouse. Is it an absolute requirement?

Do you need to show fixed assets such as land or house in your home country as financial support and country ties for F2 visa interview for your spouse, or is it enough to just show adequate bank balance/bank statement as support for the financial expenses of your spouse?

And would it be a... View More

James L. Arrasmith
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answered on May 16, 2024

Demonstrating strong ties to your home country and sufficient financial support are important aspects of the F2 visa interview, but owning fixed assets such as land or a house is not an absolute requirement.

Financial support:

1. You should be able to show that you have adequate...
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1 Answer | Asked in Criminal Law for Georgia on
Q: If proven that an inmate should had recieved first offender,can they file retroactive first offender exon and discharge?

And be released. Process?

Glenn T. Stern
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answered on May 15, 2024

In order to obtain retroactive first offender, a convicted person must show that at the time of sentencing they were eligible to receive first offender and they did not know they could have been sentenced under first offender. Additionally, the prosecution's office must consent to the... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: Can a bb pistol get me a aggravated assault charge
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answered on May 15, 2024

Absolutely. A BB gun is considered an "object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury," so firing one at another person can be charged as an aggravated assault.

1 Answer | Asked in Criminal Law for Georgia on
Q: In state of GA can police search a car release you and another person from the scene then find drugs and chrge passenger

I was passenger in car with the driver and one more person they let me and the other passenger go after searching but found out month later I have warrant for drugs when the initially didn’t find drugs

Glenn T. Stern
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answered on May 15, 2024

If police search a car and find drugs, any and all passengers could be accused of "constructively" possessing them, even if the drugs were not found on their person or, in this case-released before the drugs were actually located. The burden of proof for "probable cause" is... View More

1 Answer | Asked in Probate for Georgia on
Q: on a warranty deed my father's name as well as my step moms and one step sister with grantor and grantess to include ..

respective heirs, successors,and assigns were the context requires or permits . my dads gone and so is my step mom as one of his heirs can I just move into his house its not being lived in

James Clifton
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James Clifton
answered on May 13, 2024

It depends on a few factors. If the deed was held as joint tenants with right of survivorship, then your step sister is the current owner of the property. If the deed was held as tenants in common, then whether you inherited your father's portion would depend on whether he left a will and... View More

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: Is it possible to reverse a final divorce decision?

Chose to get a divorce and now come to an belief it was a grave miscalculation to do so.

Samantha A Holloway
Samantha A Holloway
answered on May 13, 2024

There are aspects of the divorce that can be modified (i.e. child support, parenting time, etc.). But setting aside a divorce requires very specific details. If you believe that you should have not gotten a divorce from your spouse, you can explore marrying them again, if they are willing.

1 Answer | Asked in Criminal Law for Georgia on
Q: If two people are fighting and a third person is injured (cut) unintentionally breaking up the fight. What law applies

The person breaking up the fight was injured unintentionally by a knife. Is that aggravated assault.

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answered on May 12, 2024

It certainly could be. Under the doctrine of "transferred intent," if the person with the knife unlawfully intended to injure someone, but inadvertently hurt another victim-that intent to gets transferred to the victim he actually hurt. The actor doesn't get a pass because the... View More

1 Answer | Asked in Copyright and Intellectual Property for Georgia on
Q: If someone false copyright strike you would that be against the law?

by someone i mean that if someone is pretending and claiming an art work is theirs, when it was proven false. that would be False copyright striking . If im correct, false copyright strikes are against the law?

James L. Arrasmith
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answered on May 10, 2024

Yes, you are correct. False copyright strikes, also known as fraudulent or abusive copyright claims, are against the law in many jurisdictions. This practice involves knowingly making false claims of copyright infringement against content that the claimant does not actually own or have the rights... View More

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