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Georgia Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for Georgia on
Q: Can you get arrested for impede traffic for being parked @ someone you know house
Joshua Schiffer
Joshua Schiffer answered on Nov 30, 2020

The answer to the "can they" question is almost always "yes." Wrongful and rightful arrests happen every day.

Whether the officer's actions are legal when they are reviewed is a totally different issue. Officers violate their duties and the law regularly, and it...
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2 Answers | Asked in Divorce and Civil Rights for Georgia on
Q: Can I fight my stepmom for my dad's life insurance policy because she abandoned him and was filed for a divorce??
Ellaretha Coleman
Ellaretha Coleman answered on Nov 23, 2020

If your stepmom was still listed as the beneficiary of the policy at the time of your father's death, she will be entitled to the policy benefits, irrespective of what marital problems they were having.

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1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: In Dekalb Co GA why does a defendant by default waive rights to a probable cause hearing when being bonded out of jail?

It doesn't seem fair that Dekalb Co police department doesn't have to answer before a judge on the probable cause that they had for my arrest because I chose to pay bond and seek my freedom until I prove my innocent during a trial. Seems to me as if that's a cover up for a possibly... Read more »

Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Nov 12, 2020

The preliminary or probable cause hearing is for the Magistrate Court to determine if there is sufficient probable cause for the charges and therefore sufficient probable cause to keep you in custody. You have a right to a probable cause hearing while in custody, but not necessarily if you have... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Georgia on
Q: found gun in middle of road in georgia, how do i report it make sure its not stolen, or been involved in crim
Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Nov 5, 2020

You can call the local nonemergency line or take it to your local precinct. Leave it in your vehicle prior to entering and let them know you found the firearm and where. They can run the serial number to see if it is registered. They will also need to take "test fires" to compare... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Georgia on
Q: I don't know what to do

I was pulled over after just getting my car back October 2nd, the reason for the stop was they had claimed my paper temporary tag was flapping in the wind but the plastic tag cover I bought pretty much tells me that was a lie. They search my vehicle without my consent and all of a sudden a tiny bag... Read more »

Jermario L Davis
Jermario L Davis answered on Oct 27, 2020

You should hire an attorney as soon as possible. There are notices and deadlines that have to be met in order for the seizure and potential forfeiture to be valid. In any case, do not delay taking action to get your property back.

As far as the charge itself, there appear to be multiple...
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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 Contracts, Real Estate Law, Civil Rights and Securities Law for Georgia on
Q: We purchased our house in 2008, only to find there's a breech of contract—title NOT free of encumbrances.

We discovered in 2016 our house was foreclosed back in 2011 by the bank that issued our builder's loan. This has robbed us access to our equity and the consideration upon signing the contract to begin with. We are still living in the house. Is the contract void? What are our rights?

Seth Meyerson
Seth Meyerson answered on Oct 8, 2020

I think we talked about this one at some length.

1. Figure out what a third-party bank thinks is wrong with your title, if anything. -- Title insurance issue.

2. What were the terms of the modification that you signed? Were there misrepresentations made to you to induce your...
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1 Answer | Asked in Animal / Dog Law, Civil Rights and Probate for Georgia on
Q: Re Georgia code, which should I reference for reimbursement of reasonable pet fees (vet, insurance, etc.), please?

My father died, leaving his pet without a designated owner in the Will; he mentioned to me before he died that the pet dog was mine; saying, "Blackie is yours." My father said that at least three times to me and other(s). I lived with my parents for the preceding almost three years,... Read more »

Seth Meyerson
Seth Meyerson answered on Oct 7, 2020

Unfortunately, your assumption of ownership of the dog will not entitle you to any more of the estate. The dog, according to GA law, is merely property.

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Georgia on
Q: i done a witness affidavit as my friends attorney requested but will i or can i still be subponeaed to appear in court?

so i took my friend steve home on break for him to find out his girl friend was not home but there 2 children was left alone which they are not even 5 years old so i am a witness to that happening! so a few days went by and steve told me that his paid attorney needs a affidavit from me other wise... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Oct 2, 2020

You could still possibly be subpoenaed.

2 Answers | Asked in Family Law, Child Custody and Civil Rights for Georgia on
Q: being i did a witness affidavit as my friends attorney requested will i still be subponeaed

so i took my friend steve home on break for him to find out his girl friend was not home but there 2 children was left alone which they are not even 5 years old so i am a witness to that happening! so a few days went by and steve told me that his paid attorney needs a affidavit from me other wise... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Sep 30, 2020

You need to ask the attorney who issued the subpeona. You can also hire your own attorney.

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1 Answer | Asked in Criminal Law, Personal Injury, Traffic Tickets and Civil Rights for Georgia on
Q: Is it considered solicitation if I hand out pamphlets with our country's amendments and constitutional rights?

In public, on the corner of an intersection. Handing out pamphlets with our country's constitutional rights, amendments, and advice on how to interact with police in certain situations. Utilization of the pamphlet would only be regarded as a reference guide to allow a person the utmost defence... Read more »

Seth Meyerson
Seth Meyerson answered on Sep 29, 2020

Were you cited? What is the Code section listed in the citation?

1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: I have reasons to believe that my boyfriend's mom stole a necklace of mine that has my deceased dad's ashes on it and

My dad's gold wedding band and I want to get a search warrant for the house that she is living at, I live in Athens Georgia so how would I get a search warrant for that?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Sep 11, 2020

If you desire to file criminal charges against her, you need to file a police report, and they will investigate. If you want to pursue a civil suit, you would file a complaint in the Superior Court of the county where she resides.

We wish you well.

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

2 Answers | Asked in Family Law, Civil Rights and Landlord - Tenant for Georgia on
Q: I live in coweta ga I am 2 months behind on Ret due to job shutdown because of covid I got eviction and judgement can i

Be evicted on sept 9 since cdc banned eviction

Homer P Jordan IV
Homer P Jordan IV answered on Sep 8, 2020

You may want to contact your county government office to see if there is any rent assistance available to help you avoid eviction. Many counties are offering such assistance. -Homer P. Jordan IV, Esq. 404-620-1558

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1 Answer | Asked in Child Custody and Civil Rights for Georgia on
Q: I read that once you turn 14 in Georgia you can decide what parent you want to live with is this true?

My birthday is in January and i want to live with my father what information will be needed and what tasks will need to be completeed he also lives in Georgia

Regina Irene Edwards
Regina Irene Edwards answered on Sep 8, 2020

Your father needs to contact an attorney to get advice about filing a custody cases. Some 14 year old elections are granted, some are not.

2 Answers | Asked in Child Custody, Civil Rights and Juvenile Law for Georgia on
Q: I am 13 and i dont want to live with my mother and her boyfriend

I want to live with my dad because my mom's boyfriend verbally abuses me and i have witnesses and he does it front of our home camera whatv happens if i run away to my dad's house.He also brags about beating me to his friends on the game and calls me dumb a** ,stupid and sometimes retarded

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Sep 8, 2020

Your circumstances are unfortunate. Your father should file for modification in child custody. It is best that he contacts an attorney who can assist him with the case.

We wish you well.

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

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1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: What to do when the cops don't uphold the laws on sexual abuse.?

My siblings and I have been sexually abused by our family member who raised us. The cops didn't do there job to protect us. They told me that there was to many states involved and that they couldn't do anything.

Now our family member has more kids in there household that could... Read more »

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

Your circumstances are unfortunate. It is best to contact Child Protective Services immediately.

We wish you well.

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

1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: How did I get an OR bond 1000 dollars if I was accused of murder and possession of a controlled substance

July 4th approximately 6PM I was awakened by three pistols and a flashlight in my face. I am a Marine Corps veteran and I take a lot of medications for physical and mental health issues. A search warrant was executed for murder and possession of a controlled substance I don't understand how... Read more »

Robbie Levin
Robbie Levin answered on Aug 11, 2020

The arrest warrants will likely have some of the information regarding the circumstances of your arrest. Some warrants are more detailed than others. It is usually not difficult to get copies of the arrest warrants. Regardless, if you are facing these serious criminal charges, and you have... Read more »

3 Answers | Asked in Family Law and Civil Rights for Georgia on
Q: if i get married at 16 am i automatically emancipated
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Aug 3, 2020

Yes, a minor is considered emancipated once they are legally married.

We wish you well.

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

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3 Answers | Asked in Family Law and Civil Rights for Georgia on
Q: What can I do to legally move out at the age of 17?

Im trying to move out due to personal reasons, and in pretty sure u can move out at 17 but idk what all i have to do

Regina Irene Edwards
Regina Irene Edwards answered on Jul 15, 2020

Nothing. You are a minor until 18.

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Georgia on
Q: Hypothetically if I was recorded by an ex girlfriend allegedly admitting to a crime, could it be used as evidence

Allegedly I was on audio phone conversation admitting to a crime. If the conversation was recorded by the alleged victim in the case at the local police department, would this still be admissible in court

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jul 9, 2020

It is possible under certain circumstances. It is best to contact an attorney who can assist you with the specifics of your case.

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

We wish you well.

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

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