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Georgia Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Collections for Georgia on
Q: My 20 year old autistic daughter was with a adult female that stole something and my daughter was charged as well .

I explained to public defender but she was charged and given probation and fine. She is mentally disabled so she can’t pay. What can I do? I’m a single mom with a 15 year old daughter as well. I don’t have $3000 laying around.

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 30, 2022

You could pay the fine yourself to end the matter.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Georgia on
Q: Is it possible for the trial judge to have a old classmate in the jury in a murder trial without it being a conflict?
Jermario L Davis
Jermario L Davis
answered on Sep 30, 2022

In and of itself, I don't see there being a problem with a juror being an old classmate of the judge. The primary consideration for a juror to be seated is whether or not he/she is able to be fair and impartial under the present circumstances. If the juror was an old classmate of the... Read more »

1 Answer | Asked in Employment Law, Personal Injury and Civil Rights for Georgia on
Q: I actually need several attorneys I've been hit by a pickup truck while walking

I also need an attorney to help me get my wages for working at a company in Hiram Georgia

Tim Akpinar
Tim Akpinar
answered on Sep 1, 2022

A Georgia attorney could advise best, but your question remains open for three weeks. It isn't clear if the accident involving the pickup truck is related to your claim for wages from the company in Hiram. In other words, if you lost wages as a result of getting injured, a single attorney... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: I was in a shootout with someone and he started shooting at me first though my truck and I exited the vehicle

I returned fire and I have the right to carry and he is a felon and I was charged and he didn’t get charged with anything and in the bound hearing the DA never mention me getting shot just said I was shooting at him and gunned him down

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 31, 2022

The D.A. represents the State, not you. Thus, the D.A. is not going to present self defense evidence which would benefit you. You need to hire a criminal defense attorney who can argue and present evidence that you acted in self defense.

1 Answer | Asked in Traffic Tickets and Civil Rights for Georgia on
Q: Can we fight a traffic ticket for obscured license plate when in fact the entire license plate was visible?

Top portion of the "Georgia" was covered by a broken "Atlanta Falcons" tag covering....the top portion of the covering is the word "ATLANTA" in red writing but honestly the "peach" & "Georgia" is visible. My daughter stated that he came to the... Read more »

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

Yes. Take the license plate to court and request the dash cam footage and present it to the judge or jury. At that point, the judge or jury will weigh the credibility of the above evidence against the police officer's testimony and determine if the tag was obscured.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Georgia on
Q: Do I have a civil case against the deputy or the county for violating my rights?

I was approached by a deputy while standing in a hotel parking lot and charged with obstruction for failure to ID, arrested and put in jail in Georgia.

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

You do not have to provide ID unless you are driving a car or the officer has probable cause to suspect a crime was being committed. Thus, if the officer had probable cause to believe you were committing a crime, then any civil suit would fail. Further, suing police officers for conduct committed... Read more »

1 Answer | Asked in Divorce and Civil Rights for Georgia on
Q: Lawyer Facebook friends?

My Lawyer and my ex Lawyer is Facebook friends, It appears like they are good friends.

I would expect my Lawyer to tell me something about this,

Isn't this violating Lawyer ethic laws?

please read

https://www.tlnt.com/the-problem-when-attorneys-become-facebook-friends-with-a-litigant/

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Jul 8, 2022

This does not violate any ethics laws. Most attorneys have attorney friends and as long as it doesn't impact the representation, it doesn't matter.

1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Civil Rights for Georgia on
Q: Hello. Cam a lawyer please help me.with my case? I want to sue but do not have funds to pay up front. God Bless.

Hello. On 1-3-2022 I was pull over for non-working brake lights (pre-video evidence,they work) 12 broken ribs and lung collapsed and multiple dog bites as well as getting hit by the officers and they admitted to striking in police report. I need help please.

Kimberly Grant
Kimberly Grant
answered on Jun 8, 2022

An attorney probably needs to know more about the facts, before they can agree to represent you. They will want to know if you complied with the police requests or if you were the aggressor. They would likely want to know if you were under the influence of any medications at the time. There are... Read more »

1 Answer | Asked in Civil Litigation and Civil Rights for Georgia on
Q: What type of attorney should I seek for housing discrimination that is not a protected class under the fair housing law?

I was discriminated against in Georgia based on source of income but this class is not protected under the fair housing law in GA. Is it a personal injury attorney I should seek?

Tim Akpinar
Tim Akpinar
answered on Jun 4, 2022

A Georgia attorney could advise best, but your question remains open for two weeks. Personal injury attorneys tend to deal more with physical injury matters involving insurance. You could search for attorneys with experience in civil rights and housing discrimination. It looks like you're... Read more »

1 Answer | Asked in Civil Rights, Native American Law and Personal Injury for Georgia on
Q: how do I go about creating a class action lawsuit? just for me and a few people of my town?

With the last election we are having some problems with some people wanting to run a whole community out of their homes. One neighborhood above my home, and mine and my neighbors. There is a company that wants to build 600 homes behind our houses. you know I can't tell them what to do with... Read more »

Tim Akpinar
Tim Akpinar
answered on May 16, 2022

Your question sounds like it could involve a number of different legal areas, and you await a response for two weeks. The short answer is that you and your neighbors could consider a consult with a law firm that has experience with class actions. It would be difficult for an attorney to offer... Read more »

1 Answer | Asked in Criminal Law, Personal Injury and Civil Rights for Georgia on
Q: How many attorneys in Georgia that will take a FALSE ARREST case??

A Company misidentified an individual that led to a false arrest. Not one attorney will take this case.

Tim Akpinar
Tim Akpinar
answered on May 5, 2022

A Georgia attorney could advise best, but your question remains open for a month. Attorneys here on this site can't reach out to you - this is only a Question & Answer format. There are sites out there that function more as attorney referral services. The closest thing here is the feature... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: Yes my fiance is incarcerated in ga for a technical violation the prisons are already overcrowded what can I do

He only had a technical violatiol

Jermario L Davis
Jermario L Davis
answered on Apr 29, 2022

Technical violations carry up to two years in prison -- if a defendant is revoked. The fact that prisons are crowded is generally not a factor that the courts consider in determining a defendant's sentence. Your best move is to hire a good criminal defense attorney or seek the services of... Read more »

1 Answer | Asked in Estate Planning, Family Law, Personal Injury and Civil Rights for Georgia on
Q: Can I file a protective order against my brother who tried to assault me and had me evicted from my parent's residence?
Candace Alynn Hill Duvernay
PREMIUM
Candace Alynn Hill Duvernay
answered on Apr 26, 2022

If you currently live with your brother and can show the court that he was violent and will likely be violent in the future, you may have a valid claim for a Temporary Protective Order.

1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: My criminal defense attorney has just been appointed as district attorney. Trying to find out what I need to do now.
Zachary Taylor Beck
Zachary Taylor Beck
answered on Apr 5, 2022

If the case(s) the newly appointed D.A. represented you in is still pending, then you need to hire a new attorney and file a motion for the newly appointed D.A. to recuse himself/herself from participation in prosecuting your case. Further, If the new attorney can argue that recusal is insufficient... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: in the state of georgia you are out on a property bond for criminal charges do you lose your 4th amendment right

the po;ice say you have no more rights they can search without a warrant anytime they want

John Kim
John Kim
answered on Feb 28, 2022

Generally no, but it depends. Normally, being out on bond does not invoke a Fourth Amendment waiver (versus being on probation or parole, which does). However, a Fourth Amendment waiver can be made a condition of your bond. If so, you would need to go before the Court (i.e., have your attorney file... Read more »

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Georgia on
Q: Do I have a legal case with this issue?

My employer promised me a raise, gave it in writing, even paid it for the first week it was active. Now my second week, he is suddenly confused about the raise and trying to essentially take it back. What legal action can I take?

Carrie Dyer
Carrie Dyer
answered on Feb 23, 2022

If you are an at-will employee, your employer can changes the terms of your pay for any reason at any time. Unless you have an employment contract guaranteeing you a certain pay rate, there no legal action you can take.

1 Answer | Asked in Criminal Law, Civil Rights and Construction Law for Georgia on
Q: I was arrested, the charges were reduced then dismissed. How do I get the arrest off of my record?

I travel for work very often and need to renew my TSA PreCheck - this arrest on my record is preventing me from being able to do that. I live in Dawsonville (Forsyth County), work in Kennesaw (Acworth), and the charges were in Calhoun (Gordon County)

Candace Alynn Hill Duvernay
PREMIUM
Candace Alynn Hill Duvernay
answered on Feb 17, 2022

You may qualify for a Record Restriction in Georgia. Georgia does not "expunge" records, but in many circumstances (like your dismissal), record restriction is possible.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Georgia on
Q: My s/o was picked up on a false warrant ,never had his Miranda rights read to him until after speaking with the d.a

He was also given paperwork to sign without counsel present under the assumption that it was the statement he had just made, but really he had unknowingly signed away his rights... He was incarcerated on 12/30/2021 where he has been held without bond( no bail hearing given) , or evidence,.. the... Read more »

Morris  Margulis
Morris Margulis
answered on Jan 14, 2022

He needs to act fast to get Habeas Corpus relief. If he can get out of custody, he will be in a much better position to pursue his other claims involving this experience.

1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: My bf and I had the same 2 charges. He plead guilty and was convicted of both charges. They are now trying me. Can they?

It's a drug charge. He's currently in prison for the charges. I went to court this am. Offer was 3yrs and pay fine. I didn't accept it. DA said it's legal what their doing bc my bf didn't claim ownership even though he plead guilty. Does that even exist?!

Morris  Margulis
Morris Margulis
answered on Dec 8, 2021

They can do this. It is called "joint possession". Here is a helpful summary of "possession" in the context of contraband:

"Possession of contraband may be actual or constructive. Moreover, joint constructive possession with another will sustain a conviction for...
Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: How can someone be indicted after being arrested on defective warrant?
Jermario L Davis
Jermario L Davis
answered on Dec 6, 2021

A warrant is not defective unless a judge determines it to be so. As such, any indictment resulting from that arrest would be presumptively valid. That being said, depending on several factors, including any evidence used to obtain the warrant, you may have a valid defense to the charges if... Read more »

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