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Georgia Gov & Administrative Law Questions & Answers
1 Answer | Asked in Gov & Administrative Law for Georgia on
Q: Can the BOD Majority Members vote to cancel a properly called meeting by a Minority Member who wants to discuss a topic?

I am 1 of 5 Board of Directors and the VP for a Georgia Condo HOA. Our Bylaws allow for me as VP to call a Special Meeting w 2 Day notice. The president scheduled the meeting and then the president quickly cancelled the meeting stating that the majority of members decided they didn’t want to... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 2, 2021

You need to check if the bylaws refer to other sources such as Roberts Rules (and which edition).

The power of the President will be spelled out in the charter or bylaws, You need to read both. If all are bound and determined not to, I respectfully suggest that forcing them to have a...
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1 Answer | Asked in Car Accidents, Construction Law and Gov & Administrative Law for Georgia on
Q: If a construction company had a bucket above barrels in my lane an the bucket hit my mirror who's at fault

The officer's report said I misjudged distance but a vehicle was next to me an was as close over as I could get I never hit the barrel's so what's to misjudge the lane should have been closed if to narrow to pass

Tim Akpinar
Tim Akpinar answered on May 6, 2021

A Georgia attorney could advise best, but your post remains open for four weeks. It could be a situation where fault is seen by a court on both sides. A Georgia attorney might be able to offer deeper insight in terms of the construction site and its practices in stacking barrels and buckets in that... Read more »

1 Answer | Asked in Civil Rights, DUI / DWI, Gov & Administrative Law and Sexual Harassment for Georgia on
Q: I was completely hammered drunk, speeding 92 mph going home at 2am. I flew by a police officer and I voluntarily pulled

I was completely hammered drunk, speeding 92 mph going home at 2am. I flew by a police officer. I am a 34 year old woman.

He saw empty beer cans, asked to perform an FST. Toe to heel.

Tells me I failed.

Asked me where I lived.

"1 mile away."

Told... Read more »

Robbie Levin
Robbie Levin answered on Mar 31, 2021

Your drunk driving and speeding are not legal. However, there is no law requiring an officer to arrest you.

1 Answer | Asked in Gov & Administrative Law and Child Custody for Georgia on
Q: can someone who has had their parental rights terminated, gain their rights back in the state of georgia?

Georgia? the mom was relatively young, her husband left, she dropped the ball. The child ended up with a really bad ear infection. The moms older sister petitioned the courts for custody of said child. Took the mom as well as the husband(whom was on the aunts side) and they had the mom sign her... Read more »

V. Joy Edwards
V. Joy Edwards answered on Jan 4, 2021

It depends. Were her rights terminated or did her sister just get custody? We are happy to schedule a consultation to discuss the situation further. The consultations last about an hour and cost $100. 770-723-7211.

1 Answer | Asked in Child Custody, Gov & Administrative Law and Tax Law for Georgia on
Q: The December 2020 stimulus checks, Will the state of Georgia garnish those relief funds due to child support arrears?

If those funds are intended for the relief of the financial burdens of the American populus, incurred due to COVID-19. If the state plans to cannibalize those funds, How is this "help" going to due anymore than the last so called "help" for those who we're struggling Pre-COVID?

Regina Irene Edwards
Regina Irene Edwards answered on Dec 29, 2020

Yes, the state will take the funds and give them to the custodial parent for child support arrears. The state isn't cannibalizing the funds. The money is owed for child support that should have been paid previously, so that is where the money is going - to help the child.

1 Answer | Asked in Criminal Law, Civil Rights and Gov & Administrative Law for Georgia on
Q: If an individual has been in jail for 90 days and hasn't been indicted or granted bond,the judge is in violation of wha?
Jermario L Davis
Jermario L Davis answered on Oct 26, 2020

The statute that you are referring to is o.c.g.a. 17-7-50....if true, the judge would be required to set a reasonable bond upon petition by the Defendant. There are exceptions if the state intends to seek the death penalty. Specifically, the state can seek additional time (90 more days) to... Read more »

1 Answer | Asked in Probate, Criminal Law and Gov & Administrative Law for Georgia on
Q: Probation revocation and Ga covid laws

Does it state in the Ga law in regards to the new covid laws that someone who is still incarcerated almost 6 months now should be let out into the community pending there finally revocation hearing.. And we have been told that ga laws are on suspension but does the law not state the longest... Read more »

Jammie Taire
Jammie Taire answered on Jul 17, 2020

This is not a probate question. It should be posted in the criminal law section.

1 Answer | Asked in Gov & Administrative Law, Government Contracts, Criminal Law and Civil Rights for Georgia on
Q: In georgia if the state courts have violated your rights as a victim

And those hendered your rights to justice Would there be a conflict of interest in any other case in that court system?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jun 24, 2020

Generally speaking, the answer is no. However, more information is needed about your specific circumstances. It may be best to speak with an attorney who can assess the details of your concerns.

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

We wish you well....
Read more »

1 Answer | Asked in Criminal Law, Federal Crimes, Gov & Administrative Law and Probate for Georgia on
Q: Probation revocation hearing / right to speedy trail

Is it Ga law that someone is to have a revocation hearing within 60 days from the arrest date or the case is to be dismissed for lack of speedy trail as this is a violation of someone sixth amendment right, also that a person can only be held for a total of 180 days before they have to be released

David Edward Boyle
David Edward Boyle answered on Jun 5, 2020

No and no, there is no set statutory time period for a person to have a probation revocation hearing. It must be within "a reasonable time". There is no speedy trial for revocation. The 180 days to be released I believe has to do with interstate detainers not probation revocations.

1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Georgia on
Q: Are active military personnel required to obtain a weapons permit to conceal carry?

georgia code 16-11-130 says military are exempt, so are service members allowed to conceal carry while they're on leave and not for military training purposes?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Apr 23, 2020

More information is needed before an accurate answer can be provided. It is best to contact an attorney who can assist you with the specifics of your circumstances.

I wish you well.

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

1 Answer | Asked in Gov & Administrative Law for Georgia on
Q: On Feb 9, 2020, I got arrested for shop lifting. I went to jail for a few hours, but do I have to go back after hearing?
Tim Akpinar
Tim Akpinar answered on Mar 23, 2020

You need to speak with a Georgia criminal defense attorney about this, not an administrative law attorney. Based on the time elapsed, you've probably contacted someone by now. If you haven't, do so without delay. If you are in financial difficulty with hiring an attorney to defend you,... Read more »

1 Answer | Asked in Civil Rights, Criminal Law, Federal Crimes and Gov & Administrative Law for Georgia on
Q: Local Police and USPS mail regulations

This question is for attorneys well-versed in USPS regulations. Does a county police officer (not state or Federal) have the right to stop and interrogate a USPS mail carrier to ask them to verify an addressee's name on a delivered mail item? The police officer in this analogy has no search... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 17, 2020

The simple answer is no. Since USPS is a governmental agency with specific regulations and rules, it is best to sift all these type grievances through their channels. On the surface, it appears to be a privacy issue. It is always best to consult an attorney who can assess the specifics of your... Read more »

2 Answers | Asked in Criminal Law, Education Law and Gov & Administrative Law for Georgia on
Q: Can school take phone and question child without parent's knowledge for incident that occurred outside of school?

In November my child and others received a nude photo of another child (Victim) from a 3rd kid, (Sender). Child immediately deletes picture and never resent it to anyone. This all happened outside of school.

Today - 2 months later, Victim informs someone at school that picture may be... Read more »

Ecleynne Mercy
Ecleynne Mercy answered on Jan 16, 2020

CONTACT A LAWYER ASAP!!

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1 Answer | Asked in Traffic Tickets and Gov & Administrative Law for Georgia on
Q: How to get my CDLs back after lifetime suspension due to no insurance on my car
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 23, 2019

It is difficult to provide you with an accurate answer, more details about your case are certainly needed. It is in your best interest to contact an attorney who will, at minimum, review your case and provide counsel on what your next steps and options are.

We are glad to assist you. I...
Read more »

2 Answers | Asked in Criminal Law and Gov & Administrative Law for Georgia on
Q: Can you be charged with drug possession if you commit suicide
Ecleynne Mercy
Ecleynne Mercy answered on Nov 1, 2019

No.

Any person who in good faith seeks medical assistance for a person experiencing or believed to be experiencing a drug overdose shall not be arrested, charged, or prosecuted for a drug violation if the evidence for the arrest, charge, or prosecution of such drug violation resulted...
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1 Answer | Asked in Criminal Law and Gov & Administrative Law for Georgia on
Q: Can a Drug Court Counselor who has engaged in romantic relationship with numerous court participants be prosecuted

Drug Court participants were assigned to this female counselor/case manager to supervise participants and provide them with counseling services. She actively pursued romantic and sexual relationships with three (identified) male drug court participants. Counselor also invited female drug court... Read more »

Joshua Schiffer
Joshua Schiffer answered on Oct 19, 2019

There are a multitude of potential claims that could be explored here, all depending on the employment status of the individual as well as the obligations and duties of the Counselor.

The Damages would be an interesting project, as would be how liability is assigned. The state has a...
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1 Answer | Asked in Gov & Administrative Law for Georgia on
Q: can a notary serve as a witness on a will in the state of georgia?
Tim Akpinar
Tim Akpinar answered on Oct 11, 2019

You could add Probate and Estate Planning as categories; attorneys who handle wills would have a better chance of seeing it there. Good luck

Tim Akpinar

1 Answer | Asked in Gov & Administrative Law and Criminal Law for Georgia on
Q: How long can a person be held in another state after a governors warrant has been issued? The warrant is for Georgia
Ecleynne Mercy
Ecleynne Mercy answered on Jul 1, 2019

If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant or bond, a judge or magistrate may discharge him or may recommit him for a further period not to exceed 60 days, or a judge or magistrate may again take bail for his appearance and... Read more »

1 Answer | Asked in Criminal Law, Employment Law, Civil Rights and Gov & Administrative Law for Georgia on
Q: Are there laws in place for how someone should be treated, during the jail booking process? Such as meals, shower.

My mother was arrested and kept in holding cells for 3 days only to receive 2 sandwiches, no blanket or sheet, and denied the chance to shower while soiled due to disability. She was also being made fun of and taunted being called stinky by the jail employee. She was given the chance to make a... Read more »

Ecleynne Mercy
Ecleynne Mercy answered on Jul 1, 2019

The 8th amendment offers protection to ensure your basic human rights are protected if you go to jail or prison. Government facilities in Georgia have certain immunities from lawsuits that private facilities do not. In many circumstances, however, Federal and state “Torts Claims Acts” allow... Read more »

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Georgia on
Q: I got pulled over resulting in an arrest but the sherriff was in wrong county

He never even turned lights on until after he entered another county

Michael D. Barber Jr.
Michael D. Barber Jr. answered on Jun 19, 2019

Please see my answer to your duplicate question.

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