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Georgia Questions & Answers
1 Answer | Asked in Criminal Law for Georgia on
Q: Can you be charged with Theft by receiving stolen property more than $1500 in Ga for not returning a rental car on time?

I didnt rent the vehicle, the trucking company I worked for rented the vehicle for me. And it was not returned on time and I got pulled over because the vehicle came back as stolen and they charged me with theft by receiving stolen property greater than $1500 (Felony) Can they do that or would it... Read more »

Robbie Levin
Robbie Levin answered on Aug 8, 2020

Yes you can be charged. Get a good lawyer to make sure you don’t get convicted.

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

1 Answer | Asked in Uncategorized for Georgia on
Q: Can wal mart require me to wear a mask?
Tim Akpinar
Tim Akpinar answered on Aug 8, 2020

A Georgia attorney could answer best, based on executive orders with the Governor's Office or other measures, but the general answer nationwide is yes, based on public health issues. Good luck

Tim Akpinar

1 Answer | Asked in Criminal Law for Georgia on
Q: my question is in reference to a felony theft by taking. The situation involve a car that he had permission to use

Someone hit him and no license so he abandoned the vehicle. He paid her deductible. How can she put warrant out on him? sg4677853@ioud.com 4049968128

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Aug 8, 2020

Georgia law defines felony theft by taking as when a person unlawfully takes or, being in lawful possession thereof, unlawfully appropriates any property of another with the intention of depriving him of the property, regardless of the manner in which property is taken or appropriated. If the theft... Read more »

1 Answer | Asked in Domestic Violence and Juvenile Law for Georgia on
Q: What to do if you are in an abusive home, but only have pictures of the aftermath?

I live in an abusive home. My guardian physically abuses my little brother, and mentally/emotionally abuses me. I only have pictures of what shes done to my little brother, who has ODD and autism. I have witnesses of what shes done to me, but that's it. I'm seventeen, my little brother is... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Aug 8, 2020

Your circumstances are unfortunate. Child abuse is a serious and emergency situation. The best and most immediate response is to contact local authorities/police or contact Child Protective Services (CPS). I understand your empathy towards your guardian, however intervention is needed before this... Read more »

3 Answers | Asked in Criminal Law and Family Law for Georgia on
Q: Can it be enforced?

I live in the state of Georgia and was told that I have a no contact order against me but that if the sheriff department couldn't serve me with the papers that it couldn't be enforced. Is this accurate?

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

Service has to be perfected or complete before you are considered notified of a court’s order.

We wish you well.

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

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2 Answers | Asked in Adoption and Child Custody for Georgia on
Q: I am 16 and have decided I want to live with my god grandmother. How can she could get custody of me? My aunt has it now

My aunt doesn’t want to let me leave at the moment. However, leaving with my god grandmother will personally be better for me in terms of happiness and my mental health along with my emotional health. According to my mother my aunt has temporary custody as well. My god grandmother is willing to... Read more »

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

There will have to be a modification in custody, and this is filed in court. It is unclear if your aunt has legal, temporary custody of you or if she was given temporary custody with your mother’s permission. For these reasons, it is best to contact an attorney who can assist you with the... Read more »

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1 Answer | Asked in Criminal Law for Georgia on
Q: What should be expected if someone is found to be guilty for 16-13-30(a) code law?

Case 19CR-0532-1 in Forsyth County for possession of THC 3.2 grams (edibles cookies)

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

While sentencing and penalties vary from case to case, the standard term of imprisonment is between one and eight years. 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...
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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.

3 Answers | Asked in Family Law for Georgia on
Q: Can I leave the house at 16?
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Aug 7, 2020

The answer is no. At 16 years old, you are still considered a minor in the state of Georgia. You need parental consent or consent of your legal guardian to leave.

We wish you well.

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

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1 Answer | Asked in Real Estate Law for Georgia on
Q: Rights to property?

I was buying a mobile home and land from a private owner. I filed chapter 13 bankruptcy but I relinquished the home and land To the owner. This was in 2014. The land and home are both still in my name. Do I have any rights to this property?

Anthony M. Avery
Anthony M. Avery answered on Aug 6, 2020

What do you mean by "relinquished the home and land to the owner"? Did you convey by deed or allow a foreclosure to occur? The Trustee may or may not have abandoned the property in the 13, which needs to be checked. You will have to determine what happened in the BR, especially if... Read more »

1 Answer | Asked in Probate and Public Benefits for Georgia on
Q: My husband was shot in his home about a week ago. We are legally married, but we've been separated for a while now.2kids

So I would like to know we what I should do. Also am I or my children entitled anything? He did not have a will or insurance. I could really use some help and guidance. Thank you

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Aug 6, 2020

As his wife, you are entitled to 1/3 of his estate and a year's support. His children are entitled to the remaining 2/3 and if they are under 18, they are entitled to a year's support as well. The separation is a non issue. Find a lawyer specializing in probate law. Because probate law... Read more »

3 Answers | Asked in Divorce for Georgia on
Q: My husband filed for divorce a month and claimed he didn’t know where I am at when in fact he does. What can I do?

We have been married ten years, was a stay at home mom while he served in the army he told me to leave and had. Told me that many times. When I left oct 2019 he helped me pack my car and ever month since then I have tried contacting him but he acts like I fell off the face of the earth. But come to... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Aug 6, 2020

You need to consult with an attorney to discuss filing a motion to set aside the divorce decree if it was obtained fraudulently.

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3 Answers | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Q: If I’m 15 and I live with my dad and want to live with my mom. And my mom is doing everything she can but I need to be

Gone ASAP!

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Aug 5, 2020

Since you are 15 years old, it is important to know that in Georgia a child age 14 or older has the ability to request a change of custodial parent, and when the request is made, a custody re-evaluation typically happens. The judge will seriously consider your request, but will evaluate whether the... Read more »

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1 Answer | Asked in Criminal Law for Georgia on
Q: Have questions any a drug case
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Aug 5, 2020

Please resubmit your inquiry with a question, and we will do our best to provide you with a response. Thank you.

We wish you well.

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

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: what can I do to see my children if other parent has a protection order?

we have a court order custody agreement but I can not contact him or the kids. he has had me put in jail twice. I recently filed a motion to amend our custody agreement and we have court Aug 20th 2020. I was hoping I could get some assistance as I was a stay at home mom for 8 years and right now... Read more »

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

It is not clear if you were ordered to not contact the children as a result of the protective order. If so, the protective order would prevent visitation. However, if the protective order only involves no contact with him, you will need to arrange visitation exchange by third party. Since you have... Read more »

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2 Answers | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: How do I file do I file a decree to have a cased dismissed?

My ex husband has filed paperwork to try to take my child from me. Georgia has no jurisdiction over the matter as I live in Texas, the divorce happened in Colorado and I have never lived in Georgia. He has filed false accusations against me and I am trying to get this case dismissed in Douglas... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Aug 4, 2020

You need to hire an attorney who can review the prior orders, gather evidence and file the Motion to Dismiss. It may require a hearing, so it's not as simple as just asking the court for a dismissal and it happens.

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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: What happens to a 17 year old who runs away from home?

I no longer feel welcomed in my home.

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

There are a number of scenarios that can play out, one is a runaway charge. Additionally, if there are accusations of abuse, there are other options available as well. It is best to contact an attorney who can assess the specifics of the circumstances and provide a more detailed response.... Read more »

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2 Answers | Asked in Family Law for Georgia on
Q: isn't there a Georgia family law statute that says that in the case that a child was taken into CPS custody

that they have seven days to return the child to the person who has guardianship and or custody of the child as long as the child was not in that person's care when it was taken into CPS custody?

unless they file a dependency petition

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

Not necessarily. There are other factors that must be considered when returning a child. It is best to contact an attorney who can assess the specifics of your circumstances and provide you with a more detailed response.

We are glad to assist you. Contact us whenever you are ready....
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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: I have joint custody with my ex spounse as well court ordered parenting plan/custody rules with ex spouse.

Unfortunately he is not following the rules on the week he gets our child, he talks bad/cussing at her and bringing her in the middle of our disagreements, telling her I am a bad mother etc. She is starting to show signs of anger issues and other concerning things. I applied for legal aid and have... Read more »

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

Your circumstances are unfortunate. More information is needed before an accurate answer can be provided. It is best to seek the assistance of legal counsel as soon as possible.

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

We wish you well.

-The Upshaw Law...
Read more »

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1 Answer | Asked in Criminal Law for Georgia on
Q: Theft by despection.

My fiance left his car in his moms driveway while we were moving because it doesnt have tag or insurance. She agreed not to mess with it. Now she let one of her boyfriends who is a known drug addict take it. They refuse to let us get it back unless we pay them. First it was 1000$ now its 1200$ the... Read more »

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

You may file a small claims suit in your county.

We wish you well.

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

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