Lawyers, Answer Questions  & Get Points Log In
Georgia Constitutional Law Questions & Answers
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 Constitutional Law, Criminal Law and Federal Crimes for Georgia on
Q: Wy wife was delivering packages to a mans house he he aimed a weapon at her Is he in the wrong?

The guy claims he didn’t know who she was, But she clearly has postal magnets on her vehicle also a strobe light on top of the car because she makes frequent stops and to top it off she was wearing a USPS shirt

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jul 15, 2020

Your circumstances are unfortunate. Given the information provided, your wife should contact the police department and file a complaint with them.

We wish you well.

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

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.

2 Answers | Asked in Child Custody, Constitutional Law, Criminal Law and Family Law for Georgia on
Q: With the help of a judge Defacs and local police my child has been kidnapped. No Due process and civil rights violation

My child was recently removed from my custody without any clear and convincing evidence due to an anonymous false allegation which after two hearings have not been proven, which is required in this situation. Now he was judicially held from us recently but we have not been allowed to see him or... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Apr 28, 2020

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.

View More Answers

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Georgia on
Q: Can you sue police for searching you/car After you told them they don't have permission

The police went against my rights as an American. I told them not to search my car or my person and they still disrespected me and went directly against my rights.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Apr 7, 2020

Yes, you may have a case. However, the strength of the case is going to depend on the specifics of the circumstances. It is best to contact an attorney who can assist you with your case.

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

I wish you well.

-The...
Read more »

View More 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... 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, (770) 240-0922.

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) 240-0922.

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.

View More Answers

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... 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... Read more »

View More Answers

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.