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Questions Answered by Priscilla T. Upshaw
1 Answer | Asked in Criminal Law for Georgia on
Q: Virtual Learning. If a student logs in to class and pulls his pants down what charge can a school resource pursue.
Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Aug 25, 2020

This could be a violation of the school’s individual dress code and student behavior and possibly a criminal charge of indecent exposure. It is best to contact an attorney who can assess the specifics of your circumstances and provide you with a more tailored response.

We wish you well....
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2 Answers | Asked in Family Law and Juvenile Law for Georgia on
Q: What can parents of an incorrigible child do? Child is own probabtion is destroying property at home; terrorizing home.

This 13-year old does not obey parents, threatens them and dog with knife, steals. Has already been to juvenile facility for breaking mother's nose. Is currently hospitalized but being released to mother today. Mother does not want to accept child but fear abandonment charge. Other... Read more »

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

It is best to contact the police, child’s probation officer and/or the juvenile court where the child’s cases have been handled. Generally, there are conditions of probation and from the sound of things, the child has committed additional offenses that would normally be considered violations.... Read more »

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1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: What to do when the cops don't uphold the laws on sexual abuse.?

My siblings and I have been sexually abused by our family member who raised us. The cops didn't do there job to protect us. They told me that there was to many states involved and that they couldn't do anything.

Now our family member has more kids in there household that could... Read more »

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

Your circumstances are unfortunate. It is best to contact Child Protective Services immediately.

We wish you well.

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

2 Answers | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Q: What can I do for a teen who wants to run away because they don't live in a safe home. Courts and cops don't care.

I am family to the child who wants to run away.

The courts and cops seam to not do there job on keeping kids safe now adays, what I am to do. She is 16 years old and very responsible. She can't stay in that home.! She wants to be with me but the courts don't like me.

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

If you believe the child is in danger, you may contact Child Protective Services. Without legal intervention, you have no legal right to determine where the child lives; the child’s parent and/or legal guardian must consent.

We wish you well.

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

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1 Answer | Asked in Education Law for Georgia on
Q: Can a 15 year old quit school in Georgia with parental consent
Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Aug 24, 2020

No a 15 year old cannot quit school even with parental consent in the state of Georgia. Mandatory attendance in a public school, private school, or home school program is required for children between 6 yrs and 16 yrs old. The only exception is where the child has successfully completed all... Read more »

2 Answers | Asked in Divorce, Family Law and Child Support for Georgia on
Q: How can I ask the court to uphold superior court decision?

Other party is requesting documents for already-decided child support case, thereby delaying divorce court hearing

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

It is best to furnish the superior court’s order to the family court. It is also helpful to consult with an attorney who can assist you with the specifics of your case.

We wish you well.

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

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1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: How/Can I be charged with anything?

If i grabbed a knife to protect myself from someone who id just broken away from after they had held a knife to my throat and cut me?

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

There is a difference between being charged with a crime and being convicted of a crime based on evidence. Self defense is a very real defense and may be available to you based on the facts provided. It is always best to contact an attorney who can assess the specifics of your circumstances and... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Insurance Bad Faith for Georgia on
Q: Cox worker parked vehicle in my driveway blocking. Would not move when asked, (Assaulted) me on property, Can You Help?

I have a question about trespassing & assault. I cox tech came onto my property parking his van, blocking my driveway. When I asked him to move, he got Aggressive and HOSTILE saying no! He was asked to move it more than 3 times.

He was "TOLD" he is now Trespassing, to get off... Read more »

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

It is best to start by filing a police report against the individual who assaulted you on your property. Secondly, it is best to contact an attorney who can assess the specifics of your circumstances and provide you with a more tailored response.

We wish you well.

-The Upshaw Law...
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1 Answer | Asked in Education Law for Georgia on
Q: Can a school be held responsible for my child contracting COVID-19 when my request to place her in digital learning was

Denied numerous times?

Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Aug 19, 2020

It may be possible. The law is very new at this point as it relates to COVID-19 cases. It is unclear what these cases will look like. It is certainly worth consulting with an attorney who can assess the specifics of your circumstances and provide you with a more detailed response.

We wish...
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2 Answers | Asked in Family Law for Georgia on
Q: My mom wants me to stay on campus I want to get my own apartment with friends ill be 18 in November can I do that?

Can she control what I do I’ll be 18 and she keeps informing me that I have no choice but I believe I do.

Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Aug 19, 2020

Until you reach the age of 18, you must comply with your mother's rules. You are a minor and under the responsibility and care of your parent/legal guardian until you reach the age of 18.

We wish you well.

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

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1 Answer | Asked in Health Care Law and Juvenile Law for Georgia on
Q: Can a minor child seek medical attention from a physician for sexually transmitted disease without parental consent
Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Aug 18, 2020

The answer is yes. However, the doctor may still contact the parent/legal guardian about the care or treatment the minor received.

We wish you well.

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

2 Answers | Asked in Copyright, Estate Planning and Family Law for Georgia on
Q: My family is pressuring me to do a last will, so that if parents die and I do too, no probate. I have Intellectual Prop.

2 elderly parents, 3 siblings in all. GA. Parents are leaving real estate, investment holdings into 3 trusts for each kid. Eldest sibling is executor. Problematic relationship with the family. I have some debt, but also quarterly income from film and TV music I've written/produced for the past... Read more »

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

You would need to contact an attorney who specializes in probate matters, to include wills and trusts.

We wish you well.

-The Upshaw Law Firm, LLC. 770-240-0922.

WE ARE HERE TO SERVE!

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3 Answers | Asked in Criminal Law and Juvenile Law for Georgia on
Q: Is a finger considered a foreign object with respect to committing aggravated sexual battery? My daughter was assaulted
Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Aug 17, 2020

I agree with my colleague. Yes, the finger of another is a foreign object. If you have not already, it is best to contact the local police department to file appropriate charges/complaint.

We wish you well.

-The Upshaw Law Firm, LLC. 770-240-0922.

WE ARE HERE TO SERVE!

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2 Answers | Asked in Landlord - Tenant and Real Estate Law for Georgia on
Q: Can you sell your home if a roommate has a tpo against you and you own the home out right?
Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Aug 17, 2020

Yes, you can sell your property at any time. It is important that you do not violate the TPO.

We wish you well.

-The Upshaw Law Firm, LLC. 770-240-0922.

WE ARE HERE TO SERVE!

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2 Answers | Asked in Criminal Law and Cannabis & Marijuana Law for Georgia on
Q: My boyfriend was parked on the wrong side of the road he was coming out of the house when an officer road by and made a

Uturn to tell him he couldn’t park where he was parked then he went on to ask him for his license and he told him to sit in the car he proceeded to do so his license came back good only for the officer to tell him he smelled marijuana well my boyfriend complied and told him there was marijuana in... Read more »

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

It was legal for the policeman to check his license and to ask him to get into his car. Since he was illegally parked, that was enough to “stop” him.

We wish you well.

-The Upshaw Law Firm, LLC. 770-240-0922.

WE ARE HERE TO SERVE!

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1 Answer | Asked in Criminal Law and Civil Litigation for Georgia on
Q: My wife is involved in a case where there were several lies told . We are looking for a good litigation Attorney to

Help us with making sure we have the correct evidence and present it to the DA. It was done to bring about the suit . she has a Rambo lawyer so you have to be good . we have a PI that we used to gain some of the evidence .

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

Without out more information, it is difficult to provide you with an accurate answer. Therefore, it is best to contact an attorney who can assess the specifics of your case and provide you with a tailored response and rigorous defense.

We wish you well.

-The Upshaw Law Firm, LLC....
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1 Answer | Asked in Juvenile Law for Georgia on
Q: I have a case in juvenile court where my uncle was the juvenile judge for 20 years is this a conflict of interest
Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Aug 17, 2020

Presumably there would be a conflict of interest if your uncle is the judge presiding over your present case. However, more information is needed before a determination can be made about him or any of the other judges. It is always best to consult with an attorney who can assess the specifics of... Read more »

1 Answer | Asked in Child Custody for Georgia on
Q: My 16 yr old mother took her to indiana and wont bring her home

I adopted my babies when they were young their mother and father signed all right over one of my babies is now 16 her mother took her to indiana and wont bring her home i have called to see what i can do was told i could go get her and could call the police dept where she was for a missing child... Read more »

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

Your circumstances are unfortunate. No, at the age of 16, your daughter still needs your permission. Once she reaches the age of 18, she is considered an adult and able to make decisions for herself. It is best to contact an attorney who can assist you with the specifics of your circumstances.... Read more »

2 Answers | Asked in Family Law and Juvenile Law for Georgia on
Q: Can you be arrested for leaving home to move with a friend at 17 without your parents permission??

I turn 18 February of 2021 and I have family issues and I wanted to move with my fathers God Daughter in Atlanta my mom didnt have a problem at first until I bring it up again than she said she would call the police on me if I was to leave

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

Yes, you can be charged as a runaway or ungovernable because you are under the age of 18. You need your parent’s permission.

We wish you well.

-The Upshaw Law Firm, LLC. 770-240-0922.

WE ARE HERE TO SERVE!

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1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: Can you get charged with Street gang if they have no proof or evidence that proves your in a gang if your not in one?
Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Aug 15, 2020

Yes, you can get charged with Street Gang Activity, however being prosecuted and convicted is another matter. The law is clear about what must be proven. It is best to contact a criminal defense attorney who can assist you with the specifics of your circumstances.

We wish you well....
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