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Georgia Constitutional Law Questions & Answers
2 Answers | Asked in Criminal Law and Constitutional Law for Georgia on
Q: I am wondering about 4th Amendment rights.

I was stopped for not having on my selt belt. The officer asked for my license which I gave him. He then went to his car and ran my license. It came back expired by one month. He asked if I knew about it I said no and he handed me back my license. He then when to another officer and was speaking to... Read more »

Joshua Schiffer
Joshua Schiffer answered on Aug 17, 2021

Sounds like a standard fishing expedition and you need to get a lawyer to file a motion to suppress.

The cops are allowed to intercept folks if they have probable cause that a crime is occurring (seat belt) and then commonly use that as an entry point for additional investigation. It is...
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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 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 »

3 Answers | Asked in Family Law and Constitutional Law for Georgia on
Q: In the state of Georgia- can grandparents sue or file for grandparent visitation?
V. Joy Edwards
V. Joy Edwards answered on May 18, 2021

Yes. It usually requires some intricacies and it is best to have an attorney assist you with this action.

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Georgia on
Q: If the name in my arrest warrant is not my name is that warrant invalid?
Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Feb 8, 2021

It depends on whether you were actually the subject of the warrant or you have been mistaken for the person on the warrant. There should be some additional information such as DOB, height, weight, etc. The name issue can be cured by issuing a new warrant with the correct name.

1 Answer | Asked in Criminal Law, Constitutional Law and Domestic Violence for Georgia on
Q: In Georgia would it be legal for an officer to make a warrantless arrest when no complaint has been made?

The question relates to my arrest after I had placed a call to 911 requesting police to respond to a domestic violence assault against me. The other party was also arrested charged and ultimately plead guilty but I was arrested and accused of charging at the other party. But in reality I was pulled... Read more »

Jermario L Davis
Jermario L Davis answered on Dec 30, 2020

Felony obstruction is a serious charge. Unlike the misdemeanor variety, the felony obstruction indicates that you did violence or offered to do violence to the officer.... You should definitely consult "directly" with an attorney and not try to resolve this on your own.

Officers...
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1 Answer | Asked in Criminal Law, Civil Litigation and Constitutional Law for Georgia on
Q: How do I file a mandamus on a Georgia Supreme court that rules contrary to US Supreme Court decision concerning Brady.

Georgia made a decision in Davis v. State affirming his conviction due to star decisis in Hines v. State, 249 Ga. 257 (1982), concerning Brady. Since that decision the US Supreme Court have stated that impeaching evidence which must include evidence that the police did not turn over to the... Read more »

David Edward Boyle
David Edward Boyle answered on Dec 17, 2020

You would file a petition for cert with the U.S. Supreme Court challenging the ruling of the Ga. Supreme Court. It is discretionary with the US Supreme Court to take the case.

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, 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...
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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.

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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...
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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...
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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...
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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 »

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