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Georgia Civil Rights Questions & Answers
1 Answer | Asked in Child Custody, Civil Litigation, Civil Rights and Juvenile Law for Georgia on
Q: what motion do I file for mistrial in Jennelle court agast dfcs and they
Michael D. Birchmore
Michael D. Birchmore answered on May 7, 2021

I'm sorry. Your question does not make sense. It is incomplete.

1 Answer | Asked in Personal Injury and Civil Rights for Georgia on
Q: I was arrested for a warrant that did not exist

After spending 3days in jail and losing my job I was released and apologized to

Latrice Latin
Latrice Latin answered on Apr 28, 2021

You can attempt to file a civil suit against the underlying arresting agency for damages depending on their insurance situation. This may be easily handled with a demand or may lead to protracted litigation.

Contact my office to discuss and we can go over your options 678-890-5868.

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 Criminal Law and Civil Rights for Georgia on
Q: i was arrested for stalking and i had absoultly no contact with the person and i filled a report prior to the arrest

this person has targeted me and my wife continually i had cctv footage showing i never left the house when offered to police they would not accept it and i have never been warned to stay away or no contact never been in a relationship either im married

Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Feb 18, 2021

Stalking can involve more than just in person contact. It depends on the context of the stalking. If it is based on allegedly following a person and you have an alibi for the time of the alleged contact, then you should be able to combat the case successfully. I would suggest that you hire an... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Federal Crimes for Georgia on
Q: Doctors mutilated my genital area and my organs to remove trocars doctors left

Never been told I was operated on. I was to have cystoscope and was discharged with same. Pathology can’t find anything on me. My flesh and instruments must have left the hospital. No doctor will help me heal not even hospitals. Please help me.

Tim Akpinar
Tim Akpinar answered on Feb 12, 2021

A Georgia attorney could advise best, but your post remains open for a week, and it sounds like you are in need of medical attention as well as legal guidance. I'm very sorry for your ordeal - you should reach out to Georgia medical malpractice attorneys (see the tab above "Find a... Read more »

1 Answer | Asked in Civil Rights and Juvenile Law for Georgia on
Q: I'm 17 and live in GA. I want to leave the house but my mom will report me as a runaway. What can I do?

I have a place to stay for a few days. I just need a break for that time, but my mom won't let me. We got in a yelling match and she slapped me.

Homer P Jordan IV
Homer P Jordan IV answered on Dec 29, 2020

I'm sorry that things are not going well, but until you are 18 you have to stay where she says. If there are problems perhaps speak with your counselor at school. Once you are 18 you will be able to move out.

1 Answer | Asked in Medical Malpractice, Civil Litigation, Civil Rights and Constitutional Law for Georgia on
Q: when your incarsarated and under the care of a contracted medical staff are they reliable for the cost of outside

medical treatment ordered by the jails doctor

Tim Akpinar
Tim Akpinar answered on Dec 5, 2020

A Georgia attorney could advise best, but your question remains open for three weeks. As a general matter, it could depend on the health care system in place. In some states, inmate medical care is covered by state or municipal health agencies. In others, it could be covered by third-party private... Read more »

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...
Read more »

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...
Read more »

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...
Read more »

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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