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Georgia Civil Rights Questions & Answers
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...
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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
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
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.

1 Answer | Asked in Adoption, Civil Rights, Elder Law and Criminal Law for Georgia on
Q: Can you sue the poor? How do you prove emotional trauma?

I’m a 20 yr old adult looking to sue my biological family for manipulating and controlling my adoptive mother along with the emotional trauma they have caused. It’s gotten to the point where her marriage is in danger and she often chooses my biological family over us. They’ve become so... Read more »

Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 6, 2021

There is a lot to unpack in this question. First, you are not able to bring a lawsuit on behalf of another unless they are a minor over which you have custody, or they are incompetent to bring a suit on their own for some other reason and you are the guardian, custodian, or have a power of attorney... Read more »

1 Answer | Asked in Adoption, Family Law, Contracts and Civil Rights for Georgia on
Q: What can we do about our Post Adoption Contact Agreement?

I’m a birth father that placed my daughter for adoption along with the birth mother. We signed a Post Adoption Contact Agreement thinking it would keep us in touch with our daughter through the adoptive parents. I recently learned that they never signed an agreement and therefore don’t have to... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Jun 22, 2021

Did you work with an attorney? You should give your attorney a call to get to the bottom of this and why if this is what you wanted how it was overlooked. If you don’t want to work with the same attorney you can consult with another attorney who can review the facts of the case to determine if... Read more »

1 Answer | Asked in Family Law, Civil Litigation and Civil Rights for Georgia on
Q: Do you intervenors have a right to continue case of defendant kills himself.

Modification of custody filed in District in which I was divorced two hours away from where me and my daughter currently live. Defendants parents intervened & got his visitation. Defendant killed himself. I still have to drive and pick up my daughter from her grandparents four hours round-trip... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 14, 2021

Meet with a family law attorney to map out your course going forward.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Georgia on
Q: Police came to my residence w a search warrant I was never shown or given a copy of. Is this legal to do?

The residence in question has a different address than what they said was on the warrant. So this is 2 part questions. Are they required to show u the warrant and hand u a copy. And 2. The residence they seized drugs in was different than one on the warrant I never saw. Are these things legal and... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 11, 2021

These are questions that your defense attorney will address with you. I believe I know what you are thinking and why you are asking this question. If I am right, then the arguments that will need to be made will be argued later, down the road. The many facts that are so important are not known... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Georgia on
Q: What will my sentence be for simple assualt it's my second charge and I was intoxicated and mentally manic

Suffocated and drugged to the point I cannot sit up when I was taking the first time to jail. I do not want to go back to jail what can I do

Jermario L Davis
Jermario L Davis answered on Jun 10, 2021

Simple assault is a misdemeanor. As such, it carries up to 12 months in jail. I would suggest that you contact an experienced criminal defense attorney for representation. Furthermore, if you have been diagnosed with any kind of mental health disorders, gather that paperwork for your attorney -... Read more »

1 Answer | Asked in Consumer Law, Business Law, Civil Litigation and Civil Rights for Georgia on
Q: Can a licensed none consensual towing co. Tag and tow for expired registration. In the state of Georgia
Michael D. Birchmore
Michael D. Birchmore answered on Jun 3, 2021

Very sorry, but your question makes no sense. Please restate it and provide actual details the next time.

2 Answers | Asked in Family Law and Civil Rights for Georgia on
Q: Halfway home is trying to keep my brother from his newborn from him but the mom is in the program

Are they allowed to keep the dad from his newborn without a reason

Homer P Jordan IV
Homer P Jordan IV answered on May 27, 2021

Were they married? If not, then he will not have any rights to the baby until/unless he goes through a legitimation process. Consult with an attorney who can help with the proper course of action.

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1 Answer | Asked in Personal Injury, Civil Rights and Legal Malpractice for Georgia on
Q: Disbursement of Recovery: Any recovery shall be received by Attorney and disbursed to Client pursuant to this Agreement

Do this clause give my attorney the right to cash my check?... Even if I did not agree to the recovery amount of the settlement. Can he cash and deposit my check?

I fired my attorney and when it came down to my new attorney requesting the check the check had been cashed.

Tim Akpinar
Tim Akpinar answered on May 24, 2021

A Georgia attorney could advise best, but your question remains open for two weeks. This sounds like something that has to be sorted out between your incoming and outgoing attorneys, and possibly the carrier, depending on how it's handled. Good luck

Tim Akpinar

1 Answer | Asked in Immigration Law, Civil Rights and Trademark for Georgia on
Q: are you familiar with the words cause and sun as well as cus and son and all similiar regularities concerning a sin
Marcos Garciaacosta
Marcos Garciaacosta answered on May 19, 2021

No, not familiar

let us know your question on trademarks

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.

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