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Georgia Federal Crimes Questions & Answers
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.

1 Answer | Asked in Criminal Law, Federal Crimes, Gov & Administrative Law and Probate for Georgia on
Q: Probation revocation hearing / right to speedy trail

Is it Ga law that someone is to have a revocation hearing within 60 days from the arrest date or the case is to be dismissed for lack of speedy trail as this is a violation of someone sixth amendment right, also that a person can only be held for a total of 180 days before they have to be released

David Edward Boyle
David Edward Boyle answered on Jun 5, 2020

No and no, there is no set statutory time period for a person to have a probation revocation hearing. It must be within "a reasonable time". There is no speedy trial for revocation. The 180 days to be released I believe has to do with interstate detainers not probation revocations.

1 Answer | Asked in Civil Litigation, Criminal Law and Federal Crimes for Georgia on
Q: I completed my first offender probation and was terminated early can I buy a firearm? I have a copy of termination
David Edward Boyle
David Edward Boyle answered on Jun 5, 2020

Yes you can. If first offender sentence was successfully completed and terminated there should be no impediment to buying a firearm. If you get rejected based upon the background check you need to check your criminal history to see if the Sate followed up and terminated the case in GCIC to close... Read more »

2 Answers | Asked in Criminal Law, Federal Crimes and Probate for Georgia on
Q: Do you work with probation violations?

My fiancé was recently arrested for probation violation. He was homeless prior to been put on probation. He was ordered to complete 100hrs of community service (Which he completed) and take anger management class which he couldn’t afford do to his living situation at the time. He requested a... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jun 3, 2020

Your circumstances are unfortunate. It is best to contact an attorney as soon as possible.

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

We wish you well.

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

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2 Answers | Asked in Child Support, Criminal Law, Family Law and Federal Crimes for Georgia on
Q: I was written a bad check intentionally for child support. What do I do about being written a bad check?

*took measures to try and make it get lost in the mail

*went on vacation days after I received check late in the mail (also 2 months late on previous payments)

*check for over 500 (felony GA)

*superior court ordered cs

Regina Irene Edwards
Regina Irene Edwards answered on Jun 2, 2020

File a contempt action.

--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777

Fair, Flat Fees Only - No Hourly Billing

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1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: Is it possible to be called for a Code 648b?

I believe I received a scam call, but they had personal information of mine

David Edward Boyle
David Edward Boyle answered on Jun 1, 2020

I have no idea what a Code 648B is? I would ignore anything you received by phone. If it is a law enforcement investigation they will certainly provide you their name and contact information if they wanted to talk to you about an investigation. Do not give out any personal information.

2 Answers | Asked in Criminal Law and Federal Crimes for Georgia on
Q: There is an old case as to where an individual took a charge some years ago because I wouldn’t speak up and is now on

on probation. He was already a felon and got caught with a gun that wasn’t his. Is there anyway the case can be reopened if I speak up because he didn’t know the gun was in the car and it wasn’t his it was my deceased grandfather I put it in the car to get rid of it

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jun 1, 2020

It depends on a few factors. More information is needed about the specifics of the case before an accurate answer can be provided. It is best to contact an attorney who can assess the entirety of the case and provide you with counsel.

We are glad to assist you. Contact us whenever you are...
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1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: Can an currently unrepresented defendant request the police bodycam footage recorded at the time of their arrest?

(D)efendant has not been before the court and is out on bond. After (D) first appearance, (D) charged with burglary for entering an "open house" for sale. Additionally, (D) stated they were questioned before they were arrested and the arresting officer failed to state the Miranda Rights.... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on May 26, 2020

It is best to contact an attorney as soon as possible to discuss this case. There are several factors that must be considered, and an attorney will be able to give you tailored counsel.

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

We wish you well.

-The...
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1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Georgia on
Q: Are active military personnel required to obtain a weapons permit to conceal carry?

georgia code 16-11-130 says military are exempt, so are service members allowed to conceal carry while they're on leave and not for military training purposes?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Apr 23, 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 circumstances.

I wish you well.

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

1 Answer | Asked in Criminal Law, Real Estate Law, Civil Rights and Federal Crimes for Georgia on
Q: Can my neighbor across the hall (7 ft between our front doors) use Ring to audio record me while I'm in my unit?

She originally had her Ring camera aimed directly at my door, blatantly filming me and my bf whenever we opened our door and recorded directly into my unit. Since my initial complaint she has redirected her video down the hall, however, it is still up, against our CC&Rs (Architectural... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Apr 4, 2020

From a cursory perspective, yes your neighbor would be violating Georgia’s eavesdropping statute, however more information is needed before a definitive answer can be provided. It is best to contact an attorney who can assist you with the specifics of your circumstances.

We are glad to...
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4 Answers | Asked in Divorce, Federal Crimes and Tax Law for Georgia on
Q: Will i be in contempt of court if i claim my child on taxes even though irs says i get to

Irs rules and regulations states i get to claim him every year because i am custodial parent and he lives with me and irs states decree after 2009 cant be used my papers say dad claim every othet year but nothing about 8332 form irs requires him to have one signed by me i have not done so

David Ostrove
David Ostrove answered on Feb 24, 2020

If you provide over half of the child support and you have written proof of same, and you are the parent then you may claim on your income tax return, but, if you are audited you have to prove it. Save all checks, written receipts, and all other written evidence.;attach a statement to your return... Read more »

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1 Answer | Asked in Criminal Law, Federal Crimes and Libel & Slander for Georgia on
Q: I called about an outside disturbance back in 5/1/17 the officers searched rental home I am working on arrest me 4 drugs

The rental home belonged to my friend they stated it was two marijuana roaches I was hallucinating refused me a drug test I was working in a different part of home than drugs were , no drugs found on myyperson placed in two separate cars searched twice , at jail charged with meth possession at the... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 3, 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 and Federal Crimes for Georgia on
Q: I had a condo an a family member sold it an stole the money can I file charges ?? Been over 6 yrs since this happened

I never gave them permission to sell my property

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 2, 2020

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

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: what can i do as a victim of fraud?

Last week my bank called to inform me of suspicious activity going on with my account (BBT). They told me that the person had attempted to, and succeeded, in entering my account via mobile device somewhere overseas. I was directed to change my account information and go into my nearest bank as soon... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 28, 2020

At this point, it is best to file a formal complaint with your bank. Do you have any documentation from the bank when they alerted you of any suspicious activity? Secondly, the bank should be able to determine where the funds came from and when the funds were withdrawn. If you did not withdraw ANY... Read more »

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, 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 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, Domestic Violence and Federal Crimes for Georgia on
Q: Does jurisdiction have to be list on a court order

Order written but no mean of jurisdiction on the order does that mean it lacks jurisdicton

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 6, 2020

No, not on the court order. Customarily, jurisdiction is pled in the complaint. However, an objection to subject matter jurisdiction may be raised at any time, even after a decision is rendered. There are even instances when the court raises on its own. A decision that the court lacked subject... Read more »

2 Answers | Asked in Criminal Law and Federal Crimes for Georgia on
Q: Is there any way I can get around a terroristic threat charge in ga?

The person is a bad person to society with no morals and has caused me a great deal of pain and anguish. I want to beat them up and expose them for what they are. I guess I have a vendetta can I threaten them without getting a terroristic threat charge?

Cawanna Anise McMichael
Cawanna Anise McMichael answered on Jan 6, 2020

It is illegal to use any threatening language of any kind towards a person in the state of Georgia. You could face possible charges such as terroristic threats or harassing communication. If you are in physical danger, I advise seeking the help of law enforcement. If you are not in physical... Read more »

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