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Georgia Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Georgia on
Q: Can I sue WalMart and Bartow county police for assault, false imprisonment, and false arrest?

In June 2015, Walmart security took me to the back room where I was belittled, and accused of shoplifting, but they couldn’t find anything that I had supposedly stolen, so I stood up to leave, but was shoved back into the seat and sat on by one young man while another twisted my left arm around... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 20, 2020

It is best to contact an attorney as soon as possible 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.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Municipal Law for Georgia on
Q: Is it inhuman to keep an inmate in a holding cell for 13 days without a phone call or visit of any kind. Under invest.
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 10, 2020

It depends. It is best to consult an attorney as soon as possible who can 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 Firm, (770) 240-0922.

1 Answer | Asked in Libel & Slander, Criminal Law and Constitutional Law for Georgia on
Q: Others had equal access to this home could not be locked dose the equal access imoly to this case

When the owner showed up that morning he found the home and my vehicle wide open as if they left in a hurry dually noted as to the outside disturbance call when I returned I found footprints behind the home 19 3/4 inches long 10 1/2 inches wide 6 feet apart I took pictures printed casts deemed... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 3, 2020

More information is needed before an accurate answer can be provided. It is best to contact an attorney as soon as possible 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...
Read more »

1 Answer | Asked in Criminal Law, Communications Law and Constitutional Law for Georgia on
Q: When placed under investigation in the county jail are they allowed to not let u make a phone call or have a visit

Been incarcerated for 5 days placed on hold for warrants

Priscilla T. Upshaw
Priscilla T. Upshaw 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.

1 Answer | Asked in Civil Rights, Constitutional Law and Personal Injury for Georgia on
Q: What policies exist to prevent police from using your personal information to contact you outside of official business?

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... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw 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...
Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Georgia on
Q: do i still have constitutional rights while under a criminal investigation?

loss of privacy, loss of freedom, interference with job opportunities and ability to work, prevention from obtaining information, etc.

Priscilla T. Upshaw
Priscilla T. Upshaw 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...
Read more »

1 Answer | Asked in Employment Law, Insurance Defense, Personal Injury and Constitutional Law for Georgia on
Q: How do I get my employer to complete part on a form, send to the Long term disability insurance comp? trying for 3 mths

The ins. can't process my claim without it. Been out of work since April 2019 for a disability.

Tim Akpinar
Tim Akpinar 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 delayed for... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Georgia on
Q: Can an 16 yr old carry and own an projectile taser in georgia
Priscilla T. Upshaw
Priscilla T. Upshaw 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.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Wrongful Death for Georgia on
Q: How do you get a coroner to do a inquest when you can’t get them to respond to your phone calls, emails etc?

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... Read more »

Ecleynne Mercy
Ecleynne Mercy answered on Jan 16, 2020

Georgia Bureau of Investigations

3121 Panthersville Road

DECATUR, GA 30034

Primary: (404) 244-2600

1 Answer | Asked in Criminal Law and Constitutional Law for Georgia on
Q: Is it illegal to take a photograph of someone doing something illegal?
Priscilla T. Upshaw
Priscilla T. Upshaw 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,...
Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Georgia on
Q: A few months ago, while walking at night I was stopped and questioned for failure to have reflective gear.

I did find out that there is no city ordinance or county ordinance or law that states it is mandatory or necessary. I

Priscilla T. Upshaw
Priscilla T. Upshaw 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)...
Read more »

2 Answers | Asked in Constitutional Law, Criminal Law and Traffic Tickets for Georgia on
Q: Is a speeding ticket civil, criminal, or quasi criminal in Georgia?
E. Morris Margulis
E. Morris Margulis 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.

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2 Answers | Asked in Criminal Law, Constitutional Law and Domestic Violence for Georgia on
Q: What is considered "within arm's reach"?

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 the passenger side... Read more »

Ecleynne Mercy
Ecleynne Mercy 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 arrestee might grab for weapons or... Read more »

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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Georgia on
Q: Can a city employee (not a police officer) order me to move from public property on which my vehicle is legally parked?

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.

Joshua Schiffer
Joshua Schiffer 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.

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Constitutional Law for Georgia on
Q: I was drugged and raped in foster home. I was ignored by child protection services what are my legal rights to justice

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 juvenile... Read more »

Ken Shigley
Ken Shigley 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, malicious... Read more »

1 Answer | Asked in Constitutional Law for Georgia on
Q: Can a judge do what he wants even violate constitutional rights

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

Tim Akpinar
Tim Akpinar 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... Read more »

2 Answers | Asked in Child Support, Constitutional Law and Family Law for Georgia on
Q: Maximum Jail Term for "Civil Contempt -- Back Child Support"

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 the... Read more »

Regina Irene Edwards
Regina Irene Edwards 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... Read more »

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Georgia on
Q: Are there any attorneys who specialize in life sentence case where the client has completed 35 years of service?

Would like a lawyer who can practice in Georgia but is not a Georgia attorney or a Harvard or Duke grad...

Ecleynne Mercy
Ecleynne Mercy answered on Jul 15, 2019

https://www.gabar.org

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Municipal Law for Georgia on
Q: Texas has a hold on my husband in GA. If they dont Pick him up within 14 days and file for an extention is he released?

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 years... Read more »

Ecleynne Mercy
Ecleynne Mercy 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.

1 Answer | Asked in Constitutional Law, Estate Planning and Real Estate Law for Georgia on
Q: My dad purched a house with inheritance for my grandmother that was left to him and his children. Can wife get house?

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?

Robert W. Hughes Jr.
Robert W. Hughes Jr. 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....
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