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Questions Answered by Priscilla T. Upshaw
1 Answer | Asked in Small Claims, Contracts and Criminal Law for Georgia on
Q: Nearly three years ago, my sibling agreed to put a vehicle in their name, i make payments. They refinanced w/o my knowin

I haven't any receipts of this other than bank transactions to them, insurance the whole time, dozens of witnesses.

The contract stated there would be 36 fixed payments of $X, however, about 12 months in, I was requested to bring the vehcile to the finance comany for an inspection. After... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 22, 2020

It is best to contact an attorney. Your best recourse may be to sue for breach of contract. Contact an attorney 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...
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1 Answer | Asked in Child Custody and Child Support for Georgia on
Q: How can you get joint custody of your child when you dont have the money for court and all things to get joint custody

Boyfriend pays child support on a kid where it was court order without him knowing and does not have any say so or rights to the child and wants more visitation time with the child. The child has neither parents last name.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 21, 2020

It is best to contact an attorney. Contact Atlanta Legal Aid or Georgia Legal Services to determine if you qualify for their services. They offer legal representation at no cost to individuals with low or no income.

If you do not qualify for their services, feel free to contact us. We will...
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1 Answer | Asked in Criminal Law for Georgia on
Q: I was arrested on the 28th booked on the 31st but my record says I was arrested on the 31st. What does that mean?

Arrested for felony possession charge as a passenger in a parked car. Held in confinement for two days without a phone call or any information as to what was happening, then I got booked and put in population. I was looking at my record and it says I was arrested the 31st and booked the 31st.. why... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 21, 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.

1 Answer | Asked in Criminal Law for Georgia on
Q: Is it legal for an officer to threaten to lock you up for cursing? Not at them, just cursing.

For example, just give me the f-ing ticket, I'm late to work. The officer then said "Keep cursing and you won't make it to work."

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 20, 2020

It depends on the situation. Cursing alone will not generally hold up in court should an arrest follow.

It is best, when dealing with police officers, to remain as civil and compliant as possible. This minimizes the likelihood of confrontation and opportunity for questionable police...
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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 for Georgia on
Q: Which charge is worse: theft by taking or theft by shoplifting
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 20, 2020

The answer is, it depends. It is best to contact an attorney as soon as possible who can assist you with the specifics of your case and 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 Criminal Law for Georgia on
Q: If I got charged with firearms and conspiracy what am I faceing in court also what is My rights in motions the best ones

I need really good advise on how to go about this please

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 20, 2020

It is best to contact to 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.

2 Answers | Asked in Criminal Law for Georgia on
Q: Can I file a motion for a speedy trial on my own?? The other party do not wish to prosecute.

The other party has written a notarized letter to the DA to not prosecute,but still nothing. It's been since September when charge occurred.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 20, 2020

I agree with my colleague. It is best to contact an attorney as soon 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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1 Answer | Asked in Criminal Law for Georgia on
Q: Is it legal to perform assisted suicide in georgia?
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 19, 2020

No, it is not. Under O.C.G.A. 16-5-5(3)(b), any person with actual knowledge that a person intends to commit suicide who knowingly and willingly assists such person in the commission of such person’s suicide shall be guilty of a felony. And, under Georgia law, “assists” means the act of... Read more »

2 Answers | Asked in Criminal Law for Georgia on
Q: I just need the best way to beat this case how to go about it PleSe any advise wuld help
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 20, 2020

I agree with my colleague. It is best to contact an attorney as soon as possible.

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

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

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2 Answers | Asked in Child Support and Divorce for Georgia on
Q: Is a spousal/child support agreement that was done in court recognized if the order was never signed by a judge?

Temporary order was in place and agreement was made a year later but never typed up and submitted to judge for signature

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 18, 2020

It must be signed by a judge to be an official court order. It may be 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.

I wish you well.

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

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2 Answers | Asked in Child Support for Georgia on
Q: How far behind does a ncp have to be before legal action is taken

The ncp is about 4000$ behind hasn’t paid in a year and has only been on child support for about a 2 years

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 18, 2020

It is important to contact an attorney who can assist you with filing appropriate motions with the court. There is no set amount of time that has to expire; a year is more than adequate.

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 Criminal Law for Georgia on
Q: I was questioned by officers about a shoplifting charge that I definitely did not commit.

I was questioned about a shoplifting incident that occurred in December. The officers said I was identified on video surveillance. I absolutely did not commit this crime. My cell phone was also confiscated without a search warrant. I know I need an attorney but I can’t afford one. Do you have any... Read more »

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

You do need to contact an attorney as soon as possible. If you haven’t been officially charged, you cannot request a public defender. It is not recommended that you wait until then, especially if you believe your constitutional rights have been violated.

We are glad to assist you. Contact...
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3 Answers | Asked in Family Law and Immigration Law for Georgia on
Q: So I just found out that my baby mama has a voluntary deportation order. I do not know when she has to leave the U.S..

I haven't went to court to obtain rights to my daughter.. Can she take my daughter with her if I tell her I'm not okay with her taking my daughter??

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

More information is needed before an accurate answer can be provided. Have you legitimated? Is there a visitation agreement/schedule? It is best to contact an attorney who can assist you with the specifics of your case.

I wish you well.

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

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1 Answer | Asked in Criminal Law and White Collar Crime for Georgia on
Q: Being charged with forgery and theft by taken but I did not commit these crimes warrant has been out for over a year

There’s some name as witness but I’ve never heard of this man before in my life needless to say I’m clueless of the charges against me I’ve been an electrician for 17 years fully employed I have no criminal history outside of traffic violations

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

It is best to contact an attorney as soon as possible. You want to address these charges.

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 Education Law for Georgia on
Q: My son is 18 . He has moderate major depression and bipolar II disorder. The school is threatening legal action

They won't take absence notes from me

Say we're over the limit. So his absences are being counted as unexcused. He has a 504 plan

Do we need to get a lawyer?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 16, 2020

Yes, 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 Litigation for Georgia on
Q: Georgia Law on partitions for cohabitatees

Can my Ex partition me out of my home after I put my entire savings down to purchase the home?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 15, 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 case.

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

I wish you well.

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

3 Answers | Asked in Family Law and Child Custody for Georgia on
Q: How long after child's birth does a man have to claim he is the father when his not on birth certificate

Do I have to submit to my son having a court ordered DNA when my son is almost 3

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 14, 2020

The answer is yes, at 3 you and your son would be required to provide DNA samples. However, even with positive DNA, Georgia will not recognize you as his legal father. The next step would be legitimation. This is where your legal rights to the child will be secured. It is best to contact an... Read more »

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1 Answer | Asked in Criminal Law for Georgia on
Q: If someone charged you with Theft by Deception in Georgia if you satisfied the person does the state still charge you ?

sold a vehicle that had a title lien on it. Satisfied the lien person received title registered in her name and almost a year later the title pawn repossessed the vehicle . Stating I did not pay them. State gave a true bill on it charging me with Theft by deception. They offered me 5 years prison... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 14, 2020

The answer is yes, however it is best to contact an attorney who can assist you with a viable defense and/or dismissal.

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

I wish you well.

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

2 Answers | Asked in Child Custody for Georgia on
Q: Need help getting custody of my son,my son has been through alto with his mother. Dfcs is not allowing me to get any

Help or assistant from them. I need some help as far as going through the court system

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 13, 2020

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.

I wish you well.

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

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