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Georgia Civil Rights Questions & Answers
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 »

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Civil Rights for Georgia on
Q: What would I do if my child was taking not from my care but from father's care? And we have joint custody.

Contacted me or told me they took my 4 yr. Old. I haven't seen my son in 6 months he wondering where mom is they would even let me have a visit nothing and it's my child????

Homer P Jordan IV
Homer P Jordan IV
answered on Nov 11, 2021

Who is they? Who took your child? Did you contact them to see why and how you can get him back? You should consult with an attorney right away who can review the facts of the case in detail and help you with the proper course of action.

1 Answer | Asked in Personal Injury and Civil Rights for Georgia on
Q: I have a deposition seven months ago, didn’t get a response I had to call him, then I was told the other party on break
Tim Akpinar
Tim Akpinar
answered on Oct 28, 2021

A Georgia attorney could advise best, but your question remains open for two weeks. You or your attorney should be able to request a copy of the deposition transcript from the opposing attorney. Good luck

Tim Akpinar

Q: Can you please help me on what the best thing to do is or can i get a attorney

My identity was stolen and used for business fraud. Also issues worth the epa and dtsc.

Tim Akpinar
Tim Akpinar
answered on Oct 10, 2021

A Georgia attorney could advise best, but your question remains open for two weeks. Your post is very brief and it could be difficult for someone to figure out what kind of attorney you're looking for. You could try reposting (don't include personal information - this is a public forum),... Read more »

1 Answer | Asked in Contracts, Divorce and Civil Rights for Georgia on
Q: Does a domestic partner have rights over a separated spouse if their name is on a mortgage title?

My domestic partner is a co-applicant on the mortgage loan

Homer P Jordan IV
Homer P Jordan IV
answered on Sep 2, 2021

From what you wrote it sounds like the domestic partner’s name is on the title. Is that correct? If so, then they would have rights to the home. If you want clarification, consult with an attorney who can review the facts and provide you with guidance.

1 Answer | Asked in Family Law, Tax Law and Civil Rights for Georgia on
Q: Can my wife be held accountable to pay medical for my kid if I'm unemployed

I'm unemployed, my wife works. Can my wife be charged for benefits that a child received from my prior relationship? We're not under any child support order nor do we have any parental rights to the child. Is it legal for the State of Georgia to put a garnishment on my wife's income?

Homer P Jordan IV
Homer P Jordan IV
answered on Aug 30, 2021

You are still married? Are you going through a divorce? We need more information regarding the situation in order to be able to provide you with guidance.

2 Answers | Asked in Family Law, Civil Rights and Juvenile Law for Georgia on
Q: Dfcs is petitioning to remove my daughter's rights due to her substance abuse problem. Is there anything we can do?
Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Aug 20, 2021

Absolutely. Find and retain an attorney who is experienced in handling cases involving DFCS.

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1 Answer | Asked in Civil Rights, Constitutional Law, Domestic Violence and Government Contracts for Georgia on
Q: The highschool won't allow my daughter in school

They kept her in room without lunch all day instead of going to class

Joshua Schiffer
PREMIUM
Joshua Schiffer
answered on Aug 17, 2021

There should be some sort of written reason offered by the school. You need to schedule a meeting with the administration and get to the bottom of the disparate treatment.

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