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Questions Answered by Priscilla T. Upshaw
1 Answer | Asked in Criminal Law for Georgia on
Q: My boyfriend has 3 possession charges, no tag, and taking drugs/ weapon beyond guard line. However he wasn’t driving

In addition one possession charge was for weed and he does admit too having the weed because it was his, but the other drug wasn’t.

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

It is unclear what your question is. Please resubmit your question, and I or one of my colleagues will be glad to assist you.

I wish you well.

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

1 Answer | Asked in Juvenile Law for Georgia on
Q: In the state of GA can my parents call the police on me for going to the park without their consent?

I want to go to the park and hang out with friends after school but my parents won’t allow me and they threaten to call the police and report me as a runaway if I go anyway. I’m 16 soon to turn 17 and I just want this little bit of freedom, so can I get in trouble with the law? I have good... Read more »

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

The answer is yes they can. It is best to comply with your parent’s rules to avoid any potential charges.

I wish you well.

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

2 Answers | Asked in Family Law, Juvenile Law and Libel & Slander for Georgia on
Q: Is an attorney representing DFCS under oath when she is presenting evidence to the Judge?

My DFCS case worker knowingly gave false information to their attorney to present to the judge to increase punishment for the crimes they are accusing my family of. I have irrefutable proof that they have committed perjury not just this time, but as well as the initial statements made by the... Read more »

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

Yes, any testimony given to a judge in court is presumed under oath with penalty for perjury. It is best to contact an attorney who can assist you with the specifics of your case and provide you with tailored representation.

We are glad to assist you. Contact us whenever you are ready....
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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 Child Support for Georgia on
Q: I currently live in GA and filed for child support but the non-custodial parent lives in MD. Maryland has yet to respond

It has been 8 months and Georgia has stated that they sent 2 letters to Maryland with no response and that there is nothing more that can be done. Should I hire a lawyer?

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

I agree with my colleague. A Maryland court will have jurisdiction because it is where the non custodial parent resides. Therefore, you must hire an attorney licensed in Maryland, and it is suggested that you consult one sooner rather than later.

I wish you well.

-The Upshaw Law...
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1 Answer | Asked in Civil Litigation, Criminal Law and Identity Theft for Georgia on
Q: Information below

If I have a bank account in my name and my ex is a sub person on the account but her checks are direct deposited to my account and I close the account due to her hacking in and changing all of my information on my bank account where I could no longer get into my account. As well as my emails and... Read more »

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

It would depend greatly on what you mean by “hacking in” to determine whether you have a cause of action. If she is/was also an authorized account user, she would be/is legally permitted to make changes to the account. However, if she has defrauded you or misappropriated/stolen funds, you may... Read more »

1 Answer | Asked in Civil Litigation, Federal Crimes, Legal Malpractice and Medical Malpractice for Georgia on
Q: Are there any requirements that a witness or testimony must meant before they/it can be used in the court of law?

For example, when a person claims they were present when a crime took place, would they have to prove this in anyway or is any person who claims to know something about a case accepted?

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

This is typically proven in court on direct and/or cross examination. This is the importance of good legal counsel. If you haven’t already, it is best to contact an attorney who can assist you with the specifics of your case and provide you with tailored representation.

We are glad to...
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1 Answer | Asked in Criminal Law for Georgia on
Q: If a person stole my iPhone 11 Pro 65gb worth $1000 am I allowed to press charges if I know who stole it
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 16, 2020

Yes, you are not only permitted to press charges, it is encouraged. Start by filing a police report. It is best to consult an attorney who can assist you with the specifics of your case and how best to proceed.

I wish you well.

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

1 Answer | Asked in Civil Litigation and Small Claims for Georgia on
Q: Last year I consigned for a car with my ex. She agreee to pay the monthly car note on it. She ended up totalling it

She has said through text messages numerous times that she was going to set up payment arrangements to pay the rest off. She still owes about 6000 and has not set any arrangements. I am having to try to pay it off so it does not continue to affect my credit. She has recently moved to Michigan. I... Read more »

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

Yes, you are able to file a civil suit against her for breach of contract. It may be 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.

2 Answers | Asked in Child Support for Georgia on
Q: My 17 yr old nephew hasn’t lived with his mom in months his dad pays child support but my nephews mom doesn’t give him

Any money She buys it on alcohol and stuff could she legally get in trouble holding his money from him?

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

More information is needed before an accurate answer can be provided. Generally, the father can file a modification and present evidence of the son’s actual living arrangements. It is best to consult an attorney who can assist you all with the details of your case.

I wish you well....
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1 Answer | Asked in Education Law for Georgia on
Q: While a tribuanl is in process or even aftet one is over can a student if parent wants it done can the student transfer

My son has went through this and we are being treated very unfairly and all he wants is his regular classes and band and they are not getting in contact with us about anything and he just wants to go to school and we know nothing

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

Parents have the right to transfer their student at any time, whether it’s before, during or after a tribunal. It is always best to consult an attorney who can represent your student. An education law attorney will ensure the school is conducting the tribunal in a fair and equitable manner. An... Read more »

2 Answers | Asked in Criminal Law for Georgia on
Q: I was placed on 5yrs probation under the first offenders act in September of 2018 is there a possibility I can get off

Sooner

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

I agree with my colleague. Additionally, 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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2 Answers | Asked in Family Law for Georgia on
Q: Me and son was arguing I went to grab his shirt but grabbed his throat will I go to jail
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 15, 2020

The answer is, it depends. There are many factors that must be considered. Is your son a minor? Is your son an adult? Did your son call the police? These are only a few of the many questions that must be answered before a definitive answer can be provided. It is best to contact an attorney who can... Read more »

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1 Answer | Asked in Criminal Law for Georgia on
Q: My question is what can happen to me if my vehicle was sold to a junk car buyer without my knowledge while it is still

Financed by a car dealership

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 15, 2020

Without more information, it is difficult to provide a definitive answer. Generally, you will still be responsible for repayment to the finance company. It may be best to contact an attorney who can assist you with the specifics of your case.

I wish you well.

-The Upshaw Law Firm,...
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1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: Can a retired Superior court judge sit in as a judge in criminal trial case?
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 15, 2020

Yes, they can. It’s typically called “senior status” and allows them to handle cases on an as needed basis.

I wish you well.

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

2 Answers | Asked in Child Custody for Georgia on
Q: What happens if someone leaves the state abruptly before being served in a custody matter?

I’m in the process of starting a custody case for my daughter and her mother has left her in my care indefinitely. She has mentioned a few times the possibility of leaving the state to pursue a job opportunity but won’t inform me of her new location of residence. I already have the case filed... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 15, 2020

I agree with my colleague. Her leaving does not hinder you from filing and proceeding with your case. It is best to contact an attorney who can assist you with your case.

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: When charged with proving a false statement in ga. What is the usual bond amount set? Can it be cash only bond

The person has not ever been in any other trouble

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

The answer is, it depends. It should be relatively low given the charge. 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)...
Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: I’m going to court tomorrow for pointing and aiming a pistol at someone the person I Pitneys pointed the pistol at was

Trespassing at my moms house (where I still live) after he had been to not come back I pulled my weapon while still in my yard however he told authorities I chased him down the street this is my first criminal offense as an adult what should I do

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

More information is needed before an accurate answer can be provided. 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.

3 Answers | Asked in Family Law for Georgia on
Q: My wife goes to church with the judge the preacher I believe is the father if my twins. What can I do

The preacher has twins with his wife that look Just like her twins and I think the judge and CRO is altering the DNA test. I really need help.

I am in jasper Alabama

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

I agree with my colleague. You have options that include using a third party, private company.

I wish you well.

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

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2 Answers | Asked in Criminal Law for Georgia on
Q: What’s the normal penalty for this offense
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 14, 2020

Please resubmit your question, it is unclear what offense you’d like us to consider. Thank you.

I wish you well.

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

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