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Georgia Federal Crimes Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Georgia on
Q: My s/o was picked up on a false warrant ,never had his Miranda rights read to him until after speaking with the d.a

He was also given paperwork to sign without counsel present under the assumption that it was the statement he had just made, but really he had unknowingly signed away his rights... He was incarcerated on 12/30/2021 where he has been held without bond( no bail hearing given) , or evidence,.. the... Read more »

Morris  Margulis
Morris Margulis answered on Jan 14, 2022

He needs to act fast to get Habeas Corpus relief. If he can get out of custody, he will be in a much better position to pursue his other claims involving this experience.

2 Answers | Asked in Criminal Law, Domestic Violence, Family Law and Federal Crimes for Georgia on
Q: Can simple battery stop you from owning gun. Not sure if simple battery and domestic battery is the same charge.

I took a plea for simple battery with an ex but not sure it its classified as domestic does the actual word domestic show if its a domestic charge?

Joshua Schiffer
Joshua Schiffer answered on Dec 16, 2021

This is going to require some factual investigation, as the details are SUPER important in this analysis.

IF the conviction was under the Georgia Family Violence Act then a prohibition applies. This does not need to be explicit, however, and, as the prohibition is based on Federal law...
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1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: For a first offense of a felony burglary charge, will i get probation?
Jermario L Davis
Jermario L Davis answered on Oct 25, 2021

There are three types of burglary in the state of Georgia -- 1st degree, 2nd degree, and smash and grab. All three are felony offenses. The penalties for the three types vary from a minimum of 1 year up to 20 years. Whether the state offers probation depends on a variety of factors....the facts... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Wrongful Death for Georgia on
Q: Is Faking Your Own Death a Crime? And what charges can you get?
Tim Akpinar
Tim Akpinar answered on Apr 10, 2021

A Georgia attorney could answer best, but your post remains open for two weeks. If it's done in the context of life insurance benefits, which is the common scenario, the crime is generally insurance fraud. Outside of that or other contexts involving illegal acts (but instead done as a... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: My boyfriend recently got arrested in georgia for theft by bringing stolen property in another state.

He didn't know the gun he bought was stolen, so now he's in trouble for it. Any advice for me?

Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Apr 5, 2021

If he was arrested for Theft by Receiving Stolen Property, the State will need more evidence than just possession of a stolen gun. Case law in Georgia is quite clear on the fact that people buy and sell guns individually and often; therefore, there must be actual evidence that the person... Read more »

2 Answers | Asked in Family Law, Child Custody, Domestic Violence and Federal Crimes for Georgia on
Q: If it was discovered that a 17 year old had been living alone for the past 12 years what would normally happen?
Michael D. Birchmore
Michael D. Birchmore answered on Mar 12, 2021

Unfortunately, you have not provided near enough information or context for us to provide a specific response. Generally, a child is a child until the age of 18. Until the child reached the age of eighteen OR is otherwise emancipated, he or she should be living with the parents or another person... Read more »

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1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Federal Crimes for Georgia on
Q: Doctors mutilated my genital area and my organs to remove trocars doctors left

Never been told I was operated on. I was to have cystoscope and was discharged with same. Pathology can’t find anything on me. My flesh and instruments must have left the hospital. No doctor will help me heal not even hospitals. Please help me.

Tim Akpinar
Tim Akpinar answered on Feb 12, 2021

A Georgia attorney could advise best, but your post remains open for a week, and it sounds like you are in need of medical attention as well as legal guidance. I'm very sorry for your ordeal - you should reach out to Georgia medical malpractice attorneys (see the tab above "Find a... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: I have been discharged from a felony that was in 2002 but they just discharged it in 2015. What are my rights?
David Edward Boyle
David Edward Boyle answered on Dec 17, 2020

It is hard to answer without knowing the formal disposition, was it a successfully completed First Offender or Conditional Discharge? If it was then all of your rights are restored including the right to possess a firearm.

3 Answers | Asked in Criminal Law and Federal Crimes for Georgia on
Q: If I have seen someone abusing my child sexually and he is not in my custody, how will charges be brought against them?

My son is with my family. They are not my biological family they have recently petitioned the court to adopt and accuse me of abandonment. I witnessed my child engaging in the act of sex with two members of the family and was afraid to tell anyone about it at first, but have called CPS and reported... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Nov 8, 2020

You need to report what you saw to the police.

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1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: Are you able to be charged for first degree murder when in an achohol blackout
Seth Meyerson
Seth Meyerson answered on Oct 19, 2020

Sounds like an interesting question. Probably not. Of course, proving you were in an alcohol blackout might be difficult.

1 Answer | Asked in Criminal Law, Personal Injury, Federal Crimes and White Collar Crime for Georgia on
Q: I am being harassed via a drone, I need to find a lawyer in Georgia.

I have evidence and research on my own as well as PI research that advised that my underage child and I were being stalked via a drone. My findings and the PI findings were that I was being stalked for illegal medical research by a clinician girlfriend of a man I worked with. This doctor is an... Read more »

Seth Meyerson
Seth Meyerson answered on Sep 27, 2020

What was the result of your police contact? What is PI research? What is the nature of medical research?

1 Answer | Asked in Federal Crimes and Probate for Georgia on
Q: I was arrested and given felonies in GA but i used first offenders and have completed probation. Will it show up

on a backround check

Robbie Levin
Robbie Levin answered on Sep 19, 2020

You need to make sure the discharge paperwork was completed and filed.

For more information visit my website at www.LevinLawyerGa.com

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 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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1 Answer | Asked in Federal Crimes, Insurance Bad Faith, Insurance Defense and Internet Law for Georgia on
Q: My estranged husband has my UI going in his account, I changed pin and password and he changed again. What do I do
Robbie Levin
Robbie Levin answered on Aug 13, 2020

Divorce him.

For more information visit my website at www.LevinLawyerGa.com

1 Answer | Asked in Criminal Law, Federal Crimes, Intellectual Property and Landlord - Tenant for Georgia on
Q: Have someone living in our house that is in our grandpa's will. But he hasn't died yet and the will is in our name this

This crazy lAdy just cAme moved in and started staying and said she wasn't going anywhere

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

If she was never invited to stay, you should contact the authorities (police) and have her removed for trespassing. If she has been invited to stay, you will need to move to have her evicted.

We wish you well.

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

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: 14 already been on house arrest for break and entry ..I got more burglary charges how many years can I get

Idk if they gonna give me 10+years

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Aug 7, 2020

The amount depends on the degree of the crime and whether you are in juvenile court versus adult. It is best to contact an attorney who can assist you with the specifics of your case and provide you with a more detailed response.

We wish you well.

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

1 Answer | Asked in Constitutional Law, Criminal Law and Federal Crimes for Georgia on
Q: Wy wife was delivering packages to a mans house he he aimed a weapon at her Is he in the wrong?

The guy claims he didn’t know who she was, But she clearly has postal magnets on her vehicle also a strobe light on top of the car because she makes frequent stops and to top it off she was wearing a USPS shirt

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

Your circumstances are unfortunate. Given the information provided, your wife should contact the police department and file a complaint with them.

We wish you well.

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

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