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Discussion Starter · #1 ·
I have a friend who is asking if you can be banned from a city/county by the local government. Is this possible? Is there relevant caselaw one way or the other?
 

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Discussion Starter · #3 ·
Wow, thats messed up. There's no standard for the level of offense one has to commit before they may be in effect "banned" from a state. You could get disorderly conduct and be banished it sounds like.

I'm getting the impression that an acquaintance of mine may have been "banned" from athens-clarke county after some sort of incident a few weeks ago that involved him getting arrested.
 

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Hughduffel said:
Wow, thats messed up. There's no standard for the level of offense one has to commit before they may be in effect "banned" from a state. You could get disorderly conduct and be banished it sounds like.

I'm getting the impression that an acquaintance of mine may have been "banned" from athens-clarke county after some sort of incident a few weeks ago that involved him getting arrested.
i was once told by a state patrol officer to "get the hell out of tattnall county", and was told that if i came back within 24 hours i would go directly to jail.
 

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I know a couple people that have been banned from Statesboro, GA. No joke, if they were caught there after their court case they would be arrested and charged with the full crime they committed.

I have been kicked out of FL before... same thing as someone wrote above where a cop told me to "get the hell out of my state". It was pretty dumb, my buddies and I went to south FL to pick up a car and on the way back we were so sleepy that the two drivers started to doze off. well we pulled in to a rest stop but accidentally pulled into the truck area instead of the passenger car area. while we were trying to figure out how to get over to the car area a cop pulled up and gave us HELL. Finally told us to leave and get out of FL... we were thinking what the hell?! we are already falling asleep while driving and you want us to go another 30 mins down the road?! we had to do it tho.

But now I can say I have been kicked out of an entire state :twisted:
 

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When I lived in downtown Augusta me and my roommate were being harassed by a prostitute. We eventually called the RCSO and told them about her. They sent Deputies and they were disgusted with her actions. They told her to cross the river, to South Carolina, and dont come back. Saying that if they saw her they would place her under arrest. While they don't have the authority to officially ban her from Georgia we never saw her again.
 

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Discussion Starter · #7 ·
I mean I get if you've committed a crime, and the authorities tell you to leave in lieu of being charged, but once you've either served your sentence/paid the fine/been acquitted etc why should any authority have the ability to restrict your right to travel?
 

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270sniper said:
Hughduffel said:
Wow, thats messed up. There's no standard for the level of offense one has to commit before they may be in effect "banned" from a state. You could get disorderly conduct and be banished it sounds like.

I'm getting the impression that an acquaintance of mine may have been "banned" from athens-clarke county after some sort of incident a few weeks ago that involved him getting arrested.
i was once told by a state patrol officer to "get the hell out of tattnall county", and was told that if i came back within 24 hours i would go directly to jail.
I think that when a cop says something like that they should have to back it up with the exact code. That quote sounds like an "off the top of his head" kinda thing. In fact, all officers should be able to provide the code of the law they are enforcing, not just "do what I say or face arrest". I wonder if there exists an iphone or android app that lets you pull up legal code by voice.
 

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I've only seen banishment as a "special condition of probation."
So once your probation period is over, you are a free person to go where you like.
(Unless you are a sex offender, subject to the registry, which means you're never free even years after your sentence is over.)

Now, misdemeanor crimes carry a maximum of 12 months as a sentence.
So you can't be on probation for more than a year for a misdemeanor crime, UNLESS you committed a series of misdemeanors and got multiple 12-month sentences to be served "consecutively" meaning one after the other. (Instead of "concurrently" where they all run at the same time, and all expire at 12 months).

But many felony crimes in Georgia carry 10, 20, or 30 year sentences. So you could be banished from a city, or even all counties except for one, for a very long time.

P.S. What if you're banished from all Georgia counties except one that is deep inside the state, not near a border with any other state, and that county does not have railroad service or an airport? You can't get there legally! By driving through any other county to get to the one you're allowed to go to, you commit a violation of your probation.
 

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gunsmoker said:
I've only seen banishment as a "special condition of probation."
So once your probation period is over, you are a free person to go where you like.
(Unless you are a sex offender, subject to the registry, which means you're never free even years after your sentence is over.)

Now, misdemeanor crimes carry a maximum of 12 months as a sentence.
So you can't be on probation for more than a year for a misdemeanor crime, UNLESS you committed a series of misdemeanors and got multiple 12-month sentences to be served "consecutively" meaning one after the other. (Instead of "concurrently" where they all run at the same time, and all expire at 12 months).

But many felony crimes in Georgia carry 10, 20, or 30 year sentences. So you could be banished from a city, or even all counties except for one, for a very long time.

P.S. What if you're banished from all Georgia counties except one that is deep inside the state, not near a border with any other state, and that county does not have railroad service or an airport? You can't get there legally! By driving through any other county to get to the one you're allowed to go to, you commit a violation of your probation.
I knew I shouldn't have gone to the mall, GunSmoker beat me to it.
A judge can set any conditions he wants .... as long as he gives you a choice and you agree to abide by it.
During his sentencing, a judge added a condition that he be banned from all of Georgia except Toombs County when he was released on probation or parole.
It's the inmates choice to apply for parole, only a few states make offering parole mandatory, as far as I can remember. Personally .... I'd tell them "Get along little dogie, Ware County will be your new home." (sigh) If only there were a county completely encompassed by the Okefenokee. :)

Hey, guns.... I'm wondering about the planes, trains and Ferris wheel thing. I can see it not being a parole violation if you get in an airplane that makes no stops in-state before it goes to another destination (no opportunity to exit an aircraft... generally). But don't trains often make intermittent stops in cities along their route? Would Mr Parolee be required to take the Express?
 

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gunsmoker said:
I've only seen banishment as a "special condition of probation."
So once your probation period is over, you are a free person to go where you like.
(Unless you are a sex offender, subject to the registry, which means you're never free even years after your sentence is over.)

Now, misdemeanor crimes carry a maximum of 12 months as a sentence.
So you can't be on probation for more than a year for a misdemeanor crime, UNLESS you committed a series of misdemeanors and got multiple 12-month sentences to be served "consecutively" meaning one after the other. (Instead of "concurrently" where they all run at the same time, and all expire at 12 months).

But many felony crimes in Georgia carry 10, 20, or 30 year sentences. So you could be banished from a city, or even all counties except for one, for a very long time.

P.S. What if you're banished from all Georgia counties except one that is deep inside the state, not near a border with any other state, and that county does not have railroad service or an airport? You can't get there legally! By driving through any other county to get to the one you're allowed to go to, you commit a violation of your probation.
This is my understanding of banishment as well...
I have never heard of someone being landlocked by banishment....the MOST banishment I have seen was an area that encompassed Northeast Georgia...I guess you could be banished to Taylor County and never leave it without breaking your probation, but I would find something else to worry about long before that happened
 

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I have a friend that was sent to the states and banned from Guam as a condition of his release from jail there.
 

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FWIW, you can also be defacto "banned" from a Veteran's Day parade. If you OC. True story. I kid you not.

I've never been banned from a state. Forums and message boards yes. 4. But so far the State of Georgia is letting me live here. Whether that's by pure apathy or some other more sinister reason, I don't know. ;) LOL
 

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Up to a few years ago it was popular in some judicial circuits to banish miscreants to Echols county aka. Deliverance in the Swamp Country. Apparently there was some constitutional issue preventing the judges from banishing someone from the entire state. There was a series of stories about it in the Atlanta Journal at the time decrying the act and there may have been a court case striking the practice down too. The judges down here used to do it all the time. Now they just banish the felon from the judicial circuit.
 

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I have a classmate that ran very foul of the law in Gilmer County and he was sentenced to 5 years in prison and banned from the county for 20.
 
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