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Georgia Constitutional Law Questions & Answers
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... View 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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1 Answer | Asked in Consumer Law, Criminal Law, Civil Rights and Constitutional Law for Georgia on
Q: How does the DEA determine 'Domicile/Country" of residence???

Edit "I Meant:COUNTY, Not Ctry must live w/in so many miles of Dr. (same one for last 13 yrs). I moved in w/Dad 5 yrs ago, see my Dr. Every 3 mos., and have my meds mailed to me (I can not fill Opiod Rx 40 miles from Dr.) I am vary disabled so driving is difficult. Imy Dad passed 12-20-18, and... View More

Ecleynne Mercy
Ecleynne Mercy
answered on Jul 1, 2019

Federal court jurisdiction, is limited to the types of cases listed in the Constitution and specifically provided for by Congress. For the most part, federal courts only hear:

Cases in which the United States is a party;

Cases involving violations of the U.S. Constitution or federal...
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2 Answers | Asked in Family Law, Child Custody and Constitutional Law for Georgia on
Q: What is considered as suitable housing for children.

I was told to obtain housing and be stable well i have its small but ive been here almost a year. And if suitable for a temporary solution until the kids are back with me and then i could and plan to move into a larger home. I just wanted to show stability. To courts.

Regina Irene Edwards
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answered on May 26, 2019

That answer depends on a variety of factors. How many children there are, their ages, if they have special needs, etc. The size is less important than cleanliness and a history of rent and bills being paid on time. But in general, all children should have a clean, safe bed to sleep in and the... View More

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1 Answer | Asked in Constitutional Law for Georgia on
Q: If a search warrant for the 16th but was served the 15th what do I say t0 judge
Ecleynne Mercy
Ecleynne Mercy
answered on May 2, 2019

You shouldn't say anything!!

You need to get an attorney because it gets real tricky.

All search warrants must state the time and date of issuance. O.C.G.A. § 17-5-22.

So, the failure to set forth the time of issuance of the warrant MAY be a fatal defect in certain...
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2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Georgia on
Q: I was given a Breast Pump and the person that had given it to me is now trying to sue.

I did talk to the investigators at the sheriffs department and they said there is no case due to the fact that it was given, and that I had no obligation to even return the other items, but that I did to end the conflict. They had told me that there is no law on items that were given as the fact... View More

Ecleynne Mercy
Ecleynne Mercy
answered on Apr 29, 2019

If it was truly a gift and you have evidence of that then you should be good. Just know she can proceed in filing actions against you, however that does not mean she will be successful. Just because you have proof doesn't protect you from having to deal with it though. Now if she keeps... View More

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1 Answer | Asked in Criminal Law and Constitutional Law for Georgia on
Q: If you file a motion for speedy trial for armed robbery in Atlanta GA Fulton county in apirl 26th 2013 it was granted

May 1st 2013 when do you suppose to be brought to trial or you shall be acquitted and discharged

Ecleynne Mercy
Ecleynne Mercy
answered on Apr 22, 2019

A defendant's constitutional right to speedy trial can be determined only on an ad hoc basis in which the conduct of the prosecution and the defendant are weighed and balanced; among factors which courts should assess in determining whether a particular defendant has been deprived of his... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Georgia on
Q: If during a traffic stop can a cop ask what your Dr name is? where are u goin to the doctor? Why are u goin to the dr?

Is that a violation of my Hippa rights??

Ecleynne Mercy
Ecleynne Mercy
answered on Apr 19, 2019

The cops can ask you anything. You have the right to remain silent. I strongly suggest you use it. You do not have to answer.

1 Answer | Asked in Constitutional Law and Criminal Law for Georgia on
Q: Hello. My girlfriend was pulled over one night after picking me up and the cops claimed we were both acting suspicious

And they wanted to search the vehicle. At first she wouldn't let them and they asked me if they could search me and I said yes because I didn't have nothing illegal on me at all so I wasnt worried about it but as they were searching me the cop reached down and picked up a small bag that... View More

Ecleynne Mercy
Ecleynne Mercy
answered on Apr 10, 2019

In order for an attorney to even begin to help you. We need to see the police report, get the dash cam, subpoena the officers' records, among the many other things necessary for case preparation. Just being innocent is never enough. You need an attorney to fight for your position. I hope this helps.

1 Answer | Asked in Constitutional Law and Criminal Law for Georgia on
Q: Lady walking her dog at night, was returning home and police blocked her driveway and proceeded to question her

Eventually she was arrested for possession of marijuana(a joint). Was she illegally detained?

David Edward Boyle
David Edward Boyle
answered on Jan 28, 2019

Maybe, it is a very fact specific inquiry and the lady needs to talk to a lawyer.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Georgia on
Q: What does it mean "prowling is if an alarm is warranted".

If you are walking in a neighborhood and an officer approaches you. Do you have to show your id if not expected of committing a crime? And do you have to give your name and info if you refuse to give id?

Ecleynne Mercy
Ecleynne Mercy
answered on Dec 23, 2018

If you are walking in a neighborhood an officer can approach and ask you some questions. Investigatory detentions are valid if reasonable suspicion objectively exists. (This is where you things like Time? Date? Knowledge of Neighborhood? traffic? Was a crime just called in? etc etc etc.)... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Georgia on
Q: How can I get a convicted felon testimony or impeach throw it out against me in a murder trial
Ecleynne Mercy
Ecleynne Mercy
answered on Nov 28, 2018

Tell your attorney. Its the only way.

1 Answer | Asked in Civil Rights, Constitutional Law, Contracts and Criminal Law for Georgia on
Q: How do one obtain the bond of and officials officer such as judge, county clerk, police officer, prosecutor
David Edward Boyle
David Edward Boyle
answered on Nov 25, 2018

To obtain a copy you can file an open records request with the governmental entity required to hold the bond.

1 Answer | Asked in Civil Rights, Constitutional Law, Divorce and Family Law for Georgia on
Q: Can a change of venue request be filed in my divorce case if there is a history of misconduct by court officials?

Documents (application for stay away order) were approved fraudulently by the Superior Court Clerk (whom is a close family friend of my husband and inlaws) after the Magistrate Judge denied the application. This later resulted in me having to go to court for a violation of that order. This same... View More

Homer P Jordan IV
Homer P Jordan IV
answered on Nov 9, 2018

You may have grounds, but it would depend on the facts of the case. You should consult with an attorney who can review the documents in detail and present you with your options. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

3 Answers | Asked in Family Law, Child Custody, Child Support and Constitutional Law for Georgia on
Q: Conflict of interest in family court.. My ex husband and I went to a child modification hearing.

My ex's brother is a Criminal Defence Attorney. He works everyday, (for years) side by side, with the judge that handled our case. The outcome was completely falsified and injustice. I truley believe that this is due to conflict of interest. Do you agree that it is a possibility, and what can... View More

P. Justin Thrailkill
P. Justin Thrailkill
answered on Nov 8, 2018

That is not a legal conflict of interest.

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1 Answer | Asked in Civil Rights and Constitutional Law for Georgia on
Q: what are my rights when under federal investigation? what should i be doing to cooperate and come to a resolution?
Gary Kollin
Gary Kollin
answered on Oct 25, 2018

You should be retaining a lawyer to discuss each and every step before you take any action

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Land Use & Zoning for Georgia on
Q: In the state of Georgia, where and what exactly is defined as a “public space”?

It’s not as if everything is clearly marked “public space”, how do I know if a say, a parking lot is considered public or private property?

David Edward Boyle
David Edward Boyle
answered on Sep 24, 2018

What code section are you referring to which uses the term "public space"?

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Georgia on
Q: How is it legal for someone to file a bill of complaint for divorce in Alabama and claim the spouse committed fraud to

them and their mother? Then the spouse and mother lie to investigators about the time frame that her son moved back to Georgia from Alabama, take out a total of 48 warrants for someones arrest(the person her son was married too) claiming charges to be "Fraudulent." Being held in jail for... View More

David Edward Boyle
David Edward Boyle
answered on Sep 4, 2018

You should post this question under Alabama Divorce law.

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