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Georgia Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for Georgia on
Q: My daughter was charged with murder and home invasion what is maximum sentence
Robbie Levin
Robbie Levin answered on Jan 24, 2020

The minimum sentence for murder is life in prison. The maximum would be the death penalty.

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1 Answer | Asked in Criminal Law and Real Estate Law for Georgia on
Q: Gift letter was signed for intent as a gift of money for a mortgage, and now that party says it was a loan, is it fraud

It was stated in the gift letter that it does not have to be paid back it is a gift. Now party says it was a loan and wants the entire amount paid back. What happens?

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

More likely this will/can be settled in small claims, depending on the amount specified in your jurisdiction. It is best to contact an attorney who can assist you with the specifics of your circumstances.

If you and the property are in Florida, you should contact an attorney licensed in...
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1 Answer | Asked in Criminal Law for Georgia on
Q: How much evidence do you have to prove to a judge to obtain a warrant of a suspect of violating in the state of Georgia

How is the warrant obtained and initiated for charge of : Theft by Deception , O.C.G.A, Section 16-8-3

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

More information is needed before an accurate answer can be provided. Warrants are not granted to private citizens, they are obtained through police investigation. Perhaps it may be best to resubmit your question for clarity. I or one of my colleagues will be glad to assist you.

I wish...
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1 Answer | Asked in Banking, Consumer Law and Criminal Law for Georgia on
Q: I paid a company with cashiers check in Atl, GA. I received signed paid receipt. Vendor says check was stolen.

I canceled the cashiers check. Before I could pay them, they went to the moving broker and got my debit card information (unauthorized) and charged the amount the next day.

Is that misappropriation of funds or do I just need to reissue? I’m concerned that this is fraud and identity theft.

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

It sounds as though the moving broker acted negligently towards you. If you have never authorized them to release your credit/debit card information to this 3rd party, this may be a case of fraudulent use of credit card or another offense. It is best to consult an attorney who can assess the merits... Read more »

2 Answers | Asked in Criminal Law for Georgia on
Q: I have a shoplifting charge. Do I need an attorney to get into a pretrial diversion program? If I don't how do I get in.

I believe i qualify for first offender. I was arrested 20 years ago in college for a fight however.

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

The answer to your question is yes. Anytime there is a potential for a plea bargain, having an attorney representing you is highly advisable. You want to make sure that none of your rights are violated and that any “deal” reached is truly in your best interest. There is more to being eligible... Read more »

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1 Answer | Asked in Criminal Law for Georgia on
Q: If stating on Facebook about a contractor hired—-“This person/company has taken my money -I called to cancel order -

No return calls or text -I am filing a report with Police of theft by deception. If anyone interested in this person/company please look at Yelp reviews .—-would this be considered slander/libel in Ga ??

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

As long as what you have posted is the truth, it is not slanderous. Truth is always an absolute defense. You may benefit from contacting 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...
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1 Answer | Asked in Criminal Law and Constitutional Law for Georgia on
Q: Can an 16 yr old carry and own an projectile taser in georgia
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 19, 2020

The answer is No. You must have a permit to own a projectile taser and permits are only given to individuals age 21 and older.

I wish you well.

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

1 Answer | Asked in Criminal Law for Georgia on
Q: Is getting weed for a couple friends considered “drug dealing” or sale of marijuana? I live in Georgia.
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 19, 2020

The answer is yes. Violation of the Georgia Controlled Substances Act (VGCSA) can carry a potential penalty of 2 to 15 years in prison for a first offense and 5 to 30 years in prison for a second and subsequent offense. Commonly, a VGSCA crime refers to Possession of Marijuana. For this reason, it... Read more »

2 Answers | Asked in Criminal Law for Georgia on
Q: Is it possible to expedite a court case by hiring a lawyer to prosecute faster? The charge is aggravated battery.
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 19, 2020

Yes, it is possible. It is best to consult 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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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 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 »

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 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!!

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Wrongful Death for Georgia on
Q: How do you get a coroner to do a inquest when you can’t get them to respond to your phone calls, emails etc?

They have no physical address for a office and has went out of his way to ignore the family for over 3 years now even though they are aware the family does not agree with the findings, has the evidence to prove the cause and manner of death to be different then listed on the death certificate, has... Read more »

Ecleynne Mercy
Ecleynne Mercy answered on Jan 16, 2020

Georgia Bureau of Investigations

3121 Panthersville Road

DECATUR, GA 30034

Primary: (404) 244-2600

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.

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

E. Jay Abt
E. Jay Abt answered on Jan 15, 2020

Yes, you can ask for a behavioral incentive date, or file a motion to terminate the probation.

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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.

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)...
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1 Answer | Asked in Criminal Law for Georgia on
Q: Can a bondsmen keep the sum paid after surrendering and the defendant is arrested on charges being added to the case?
Woodrow Jennings Halstead III
Woodrow Jennings Halstead III answered on Jan 14, 2020

Normally, yes, the amount paid to a bondsman is a fee for the service of underwriting the full amount of a bond and they get to keep it.

In most cases, the bondsman earns that fee at the time he/she posts the bond for the defendant. If the bondsman later asks the court to get off the...
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