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Georgia Gov & Administrative Law Questions & Answers
1 Answer | Asked in Gov & Administrative Law, Government Contracts, Criminal Law and Civil Rights for Georgia on
Q: In georgia if the state courts have violated your rights as a victim

And those hendered your rights to justice Would there be a conflict of interest in any other case in that court system?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jun 24, 2020

Generally speaking, the answer is no. However, more information is needed about your specific circumstances. It may be best to speak with an attorney who can assess the details of your concerns.

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

We wish you well....
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1 Answer | Asked in Criminal Law, Federal Crimes, Gov & Administrative Law and Probate for Georgia on
Q: Probation revocation hearing / right to speedy trail

Is it Ga law that someone is to have a revocation hearing within 60 days from the arrest date or the case is to be dismissed for lack of speedy trail as this is a violation of someone sixth amendment right, also that a person can only be held for a total of 180 days before they have to be released

David Edward Boyle
David Edward Boyle answered on Jun 5, 2020

No and no, there is no set statutory time period for a person to have a probation revocation hearing. It must be within "a reasonable time". There is no speedy trial for revocation. The 180 days to be released I believe has to do with interstate detainers not probation revocations.

1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Georgia on
Q: Are active military personnel required to obtain a weapons permit to conceal carry?

georgia code 16-11-130 says military are exempt, so are service members allowed to conceal carry while they're on leave and not for military training purposes?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Apr 23, 2020

More information is needed before an accurate answer can be provided. It is best to contact an attorney who can assist you with the specifics of your circumstances.

I wish you well.

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

1 Answer | Asked in Gov & Administrative Law for Georgia on
Q: On Feb 9, 2020, I got arrested for shop lifting. I went to jail for a few hours, but do I have to go back after hearing?
Tim Akpinar
Tim Akpinar answered on Mar 23, 2020

You need to speak with a Georgia criminal defense attorney about this, not an administrative law attorney. Based on the time elapsed, you've probably contacted someone by now. If you haven't, do so without delay. If you are in financial difficulty with hiring an attorney to defend you,... Read more »

1 Answer | Asked in Civil Rights, Criminal Law, Federal Crimes and Gov & Administrative Law for Georgia on
Q: Local Police and USPS mail regulations

This question is for attorneys well-versed in USPS regulations. Does a county police officer (not state or Federal) have the right to stop and interrogate a USPS mail carrier to ask them to verify an addressee's name on a delivered mail item? The police officer in this analogy has no search... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 17, 2020

The simple answer is no. Since USPS is a governmental agency with specific regulations and rules, it is best to sift all these type grievances through their channels. On the surface, it appears to be a privacy issue. It is always best to consult an attorney who can assess the specifics of your... Read more »

2 Answers | Asked in Criminal Law, Education Law and Gov & Administrative Law for Georgia on
Q: Can school take phone and question child without parent's knowledge for incident that occurred outside of school?

In November my child and others received a nude photo of another child (Victim) from a 3rd kid, (Sender). Child immediately deletes picture and never resent it to anyone. This all happened outside of school.

Today - 2 months later, Victim informs someone at school that picture may be... Read more »

Ecleynne Mercy
Ecleynne Mercy answered on Jan 16, 2020

CONTACT A LAWYER ASAP!!

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1 Answer | Asked in Traffic Tickets and Gov & Administrative Law for Georgia on
Q: How to get my CDLs back after lifetime suspension due to no insurance on my car
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 23, 2019

It is difficult to provide you with an accurate answer, more details about your case are certainly needed. It is in your best interest to contact an attorney who will, at minimum, review your case and provide counsel on what your next steps and options are.

We are glad to assist you. I...
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2 Answers | Asked in Criminal Law and Gov & Administrative Law for Georgia on
Q: Can you be charged with drug possession if you commit suicide
Ecleynne Mercy
Ecleynne Mercy answered on Nov 1, 2019

No.

Any person who in good faith seeks medical assistance for a person experiencing or believed to be experiencing a drug overdose shall not be arrested, charged, or prosecuted for a drug violation if the evidence for the arrest, charge, or prosecution of such drug violation resulted...
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1 Answer | Asked in Criminal Law and Gov & Administrative Law for Georgia on
Q: Can a Drug Court Counselor who has engaged in romantic relationship with numerous court participants be prosecuted

Drug Court participants were assigned to this female counselor/case manager to supervise participants and provide them with counseling services. She actively pursued romantic and sexual relationships with three (identified) male drug court participants. Counselor also invited female drug court... Read more »

Joshua Schiffer
Joshua Schiffer answered on Oct 19, 2019

There are a multitude of potential claims that could be explored here, all depending on the employment status of the individual as well as the obligations and duties of the Counselor.

The Damages would be an interesting project, as would be how liability is assigned. The state has a...
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1 Answer | Asked in Gov & Administrative Law for Georgia on
Q: can a notary serve as a witness on a will in the state of georgia?
Tim Akpinar
Tim Akpinar answered on Oct 11, 2019

You could add Probate and Estate Planning as categories; attorneys who handle wills would have a better chance of seeing it there. Good luck

Tim Akpinar

1 Answer | Asked in Gov & Administrative Law and Criminal Law for Georgia on
Q: How long can a person be held in another state after a governors warrant has been issued? The warrant is for Georgia
Ecleynne Mercy
Ecleynne Mercy answered on Jul 1, 2019

If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant or bond, a judge or magistrate may discharge him or may recommit him for a further period not to exceed 60 days, or a judge or magistrate may again take bail for his appearance and... Read more »

1 Answer | Asked in Criminal Law, Employment Law, Civil Rights and Gov & Administrative Law for Georgia on
Q: Are there laws in place for how someone should be treated, during the jail booking process? Such as meals, shower.

My mother was arrested and kept in holding cells for 3 days only to receive 2 sandwiches, no blanket or sheet, and denied the chance to shower while soiled due to disability. She was also being made fun of and taunted being called stinky by the jail employee. She was given the chance to make a... Read more »

Ecleynne Mercy
Ecleynne Mercy answered on Jul 1, 2019

The 8th amendment offers protection to ensure your basic human rights are protected if you go to jail or prison. Government facilities in Georgia have certain immunities from lawsuits that private facilities do not. In many circumstances, however, Federal and state “Torts Claims Acts” allow... Read more »

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Georgia on
Q: I got pulled over resulting in an arrest but the sherriff was in wrong county

He never even turned lights on until after he entered another county

Michael D. Barber Jr.
Michael D. Barber Jr. answered on Jun 19, 2019

Please see my answer to your duplicate question.

1 Answer | Asked in Election Law, Gov & Administrative Law, Government Contracts and Public Benefits for Georgia on
Q: how do I be a part of the senate in the state of Georgia in 2019?

I am a 29 year civilian ga resident in the state of ga.

I will be 30 years old in the next two months in August. What do I have to do? I have been a local resident in the city of Decatur for 10 years.

Peter N. Munsing
Peter N. Munsing answered on May 23, 2019

in most states you petition to get on the ballot. Contact the Ga.Secretary of State's office. Good luck!

1 Answer | Asked in Gov & Administrative Law, Criminal Law, Family Law and Child Custody for Georgia on
Q: Is it illegal for a man or woman to shower naked with an 8 year old girl they are not related to
Ecleynne Mercy
Ecleynne Mercy answered on Mar 27, 2019

Yes it is. Very illegal. The child molestation statute does not require proof of the defendant's actual arousal; instead, the law requires only that the defendant have acted with the intent to arouse his sexual desires. West's Ga.Code Ann. § 16–6–4(a).

In GA, there has been...
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1 Answer | Asked in Personal Injury, Car Accidents, Gov & Administrative Law and Municipal Law for Georgia on
Q: Can I sue the police Officer and Gwinnett county for rear ending me
Peter N. Munsing
Peter N. Munsing answered on Mar 18, 2019

Sure. However there's a complicated thing called the state tort claims act so the best thing is to consult a member of the Ga. Trial Lawyers Assn in that county --they give free consults.

1 Answer | Asked in Criminal Law, Gov & Administrative Law, Military Law and Probate for Georgia on
Q: Yes I’m under 21 and I’m a national guardsmen but I would like to buy a pistol in Ga can I do that?

I’m currently on active duty order in a foreign country and would like to be able to buy one and have it shipped to my house

David Edward Boyle
David Edward Boyle answered on Jan 22, 2019

If you cannot lawfully possess the gun in your home state I would not recommend that you do so.

1 Answer | Asked in Tax Law and Gov & Administrative Law for Georgia on
Q: Could not find w2. Went to a site entered in last paycheck info to get one. Now it does not match actual w2 after sent?

What should i do, because i located my actual w2. I fear i am committing fraud. Should i contact IRS now to let them know or wait for them to send me documents. I am very scared and feel very stupid.

Seth Meyerson
Seth Meyerson answered on Nov 12, 2018

Is there a substantial difference? If there is, amend your tax return. If not, it is hardly fraud.

1 Answer | Asked in Education Law, Gov & Administrative Law, Civil Rights and Constitutional Law for Georgia on
Q: Where do I find Georgia regulations for education?

For example, 34 CFR 668.22 for federal regulations for education.

Gary Kollin
Gary Kollin answered on Aug 17, 2018

You google exactly as you have written there

Those are not Georgia

It is federal

CFR stands for Code of Federal Regulations

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