Get free answers to your Constitutional Law legal questions from lawyers in your area.
Been incarcerated for 5 days placed on hold for warrants
answered on Feb 2, 2020
You should be permitted a phone call. It is best to contact an attorney as soon as possible.
We are glad to assist you. Contact us whenever you are ready.
I wish you well.
-The Upshaw Law Firm, (770) 240-0922.
answered on Jan 19, 2020
The answer is No. You must have a permit to own a projectile taser and permits are only given to individuals age 21 and older.
I wish you well.
-The Upshaw Law Firm, (770) 240-0922.
The ins. can't process my claim without it. Been out of work since April 2019 for a disability.
answered on Jan 25, 2020
Your post remains open for two weeks. At this point, you could contact Georgia employment law attorneys you find on this site, or through your own independent searches, and discuss the matter in confidence with them. Based on these brief facts, it's anyone's guess why the form has been... View More 
They have no physical address for a office and has went out of his way to ignore the family for over 3 years now even though they are aware the family does not agree with the findings, has the evidence to prove the cause and manner of death to be different then listed on the death certificate, has... View More
answered on Jan 16, 2020
Georgia Bureau of Investigations
3121 Panthersville Road
DECATUR, GA 30034
Primary: (404) 244-2600
loss of privacy, loss of freedom, interference with job opportunities and ability to work, prevention from obtaining information, etc.
answered on Jan 31, 2020
The answer is yes, you absolutely have constitutional rights even while under a criminal investigation. It is extremely important to contact an attorney, even in this early stage, who can assist you and ensure your rights are not violated.
We are glad to assist you. Contact us whenever you... View More
I live alone in a rural area and filed a report against neighbors whose dogs have repeatedly entered my property, killing and injuring my animals. The deputy that came to my home began following me on social media the next day using information he gathered during official business to search for me... View More
answered on Jan 31, 2020
More information is needed before an accurate answer can be provided. It is best to consult an attorney who can review and 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... View More
answered on Dec 10, 2019
The short answer is no. However, more information is needed about your circumstances; it is best to consult an attorney who can assist you with the specifics of your case.
We are glad to assist you. Contact us whenever you are ready.
I wish you well.
-The Upshaw Law Firm, (770) 240-0922.
I did find out that there is no city ordinance or county ordinance or law that states it is mandatory or necessary. I
answered on Dec 2, 2019
More information is necessary. There is a difference between being stopped and being cited/ticketed. Please provide a clarified question, and I or one of my colleagues will be glad to provide you with an answer.
We are glad to assist you. I wish you well.
-The Upshaw Law Firm, (770) 240-0922.
answered on Nov 14, 2019
A speeding ticket in Georgia is misdemeanor crime, although the penalties for a first, life-time speeding ticket in Georgia are capped below the standard maximum penalties for misdemeanors. See O.C.G.A. § 40-6-1.
I was charged with "possession of a weapon while committing a crime." - The neighbor's teenager said I tried to run over my fience'...NOT TRUE!
When the police arrived I was in my vehicle, they asked if I had any weapons after a moment I remembered that in the bottom of... View More
answered on Nov 1, 2019
"Under ' "the wing span" ' limitation of Chimel, a search incident is limited to that area within the lunge, within the reach, within the grasp of the arrestee—the area 'which may fairly be deemed to be an extension of his person'—the area in which the... View More
Said employee did not identify himself, Did not say why I had to move my vehicle and could not name the ordinance or statute or law I was violating.
answered on Oct 22, 2019
All depends on their role at the time. Lot of agency employees have authority that does not come with a badge. Generally best practice is to inquire before disputing.
I reported the abuse to Cherokee County Georgia's child protection services caseworker. Who ignored it. I ran away short time later in fear for my safety because the caseworker told the foster parent I told her about the abuse,which got worse because of that. I was punished and thrown in... View More
answered on Sep 26, 2019
Foster parents are considered state employees for purposes of the Georgia State Tort Claims Act. OCGA § 50–21–22(7). However, OCGA § 50-21-24, provides that, "The state shall have no liability for losses resulting from: ... (7) Assault, battery, false imprisonment, false arrest,... View More
I've been told a judge can violate a persons 5th amendment constitution rights, due process protects and balances legal authority of a judge and that persons legal rights
answered on Sep 8, 2019
No, a judge cannot do that. Judges have to ensure that proceedings in their courtrooms comply with the rules of civil procedure, criminal procedure, rules of evidence, and the U.S. Constitution. If anything, judges have to know these things better than anyone else in the courtroom so that an... View More
What is the maximum length of time that a person can be held in jail for "Civil Contempt -- Back Child Support"? There are no criminal charges. Amount of child support arrears is $3,500. The person in jail has zero financial resources and zero ability to come up with the money to pay... View More
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answered on Aug 1, 2019
The court will only order jail time if the court finds that she has not exhausted all resources in order to try to pay. $3500 is not a lot of money to come up with. She needs to have applied for loans, title pawns, sold jewelry, gotten a 2nd job, maxed out credit card, asked for money from... View More
My grandma left money for grand kids and dad used it to but a house and land. Now that he has passed can wife just take the house?
answered on Jul 15, 2019
I cannot answer the question without an answer to the following:
1. When you say left money for grand kids and Dad used it to buy a house, it is critical what the Will said that left the grand kids the money. If it simply leaves money to Dad for the benefit of children, that is one thing.... View More
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
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.
Would like a lawyer who can practice in Georgia but is not a Georgia attorney or a Harvard or Duke grad...
Edit "I Meant:COUNTY, Not Ctry must live w/in so many miles of Dr. (same one for last 13 yrs). I moved in w/Dad 5 yrs ago, see my Dr. Every 3 mos., and have my meds mailed to me (I can not fill Opiod Rx 40 miles from Dr.) I am vary disabled so driving is difficult. Imy Dad passed 12-20-18, and... View More
answered on Jul 1, 2019
Federal court jurisdiction, is limited to the types of cases listed in the Constitution and specifically provided for by Congress. For the most part, federal courts only hear:
Cases in which the United States is a party;
Cases involving violations of the U.S. Constitution or federal... View More
I was told to obtain housing and be stable well i have its small but ive been here almost a year. And if suitable for a temporary solution until the kids are back with me and then i could and plan to move into a larger home. I just wanted to show stability. To courts.
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answered on May 26, 2019
That answer depends on a variety of factors. How many children there are, their ages, if they have special needs, etc. The size is less important than cleanliness and a history of rent and bills being paid on time. But in general, all children should have a clean, safe bed to sleep in and the... View More
I did talk to the investigators at the sheriffs department and they said there is no case due to the fact that it was given, and that I had no obligation to even return the other items, but that I did to end the conflict. They had told me that there is no law on items that were given as the fact... View More
answered on Apr 29, 2019
If it was truly a gift and you have evidence of that then you should be good. Just know she can proceed in filing actions against you, however that does not mean she will be successful. Just because you have proof doesn't protect you from having to deal with it though. Now if she keeps... View More
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