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Georgia Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: What happens when a inmate did not get a initial appearance , preliminary hearing or arraignment but the court is ready

for trial in Georgia? What law and constitutional right was violated? He had charges in two counties for the same crime and have been sentenced in one of those counties. The lawyer was retained for both counties but did not do anything for the one that is ready for trial now, so he was fired. I do... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 12, 2020

Your circumstances are unfortunate. More information Is needed before an accurate answer can be provided. It is best to contact an attorney as soon as possible. It is I’ll advised to proceed without an attorney.

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

I wish...
Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Domestic Violence for Georgia on
Q: Can you change guilty plea years after ?

I pled guilty to domestic violence SIMPLE BATTERY and in turn they dropped the mother of my childs DV battery to disorderly conduct after admitting hitting me . and in the police report she stated she was the obvious aggressor.

Now i regret it and want to know the process if at all... Read more »

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

More information is needed in order to provide you with an accurate answer. It is best to contact an attorney who can assist you with the specifics of your case and provide you with a definitive answer.

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

I wish you well....
Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: Can Washington DC laws be used in Georgia State courts?
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 18, 2019

More information is needed before an 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 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 Appeals / Appellate Law for Georgia on
Q: I have served 10+ years for armed Robbery for a broken broom stick that was not tested for finger prints and is picture

I can prove through transcripts and motion of Discovery how and when stick was planted

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 30, 2019

Your circumstances are unfortunate. There is more that is required to provide you with answer to what I gather is a question about appealing your conviction. It is best to contact an attorney who can discuss the specifics of your case.

We are glad to assist you. Contact us whenever you are...
Read more »

1 Answer | Asked in Appeals / Appellate Law for Georgia on
Q: How long does clerk of trial court have to transmit appeal to supreme court when appeal was timely filed

How long does clerk of court have to transmit the records of appeal? Was told by clerk they don't have a time limit and they have to find someone to do a transcript? Been going to court from January - June. Finally got an order on September 12, 2019. An appeal was immediately filed to supreme... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 28, 2019

In order to provide you with an accurate answer, more information is required. We are glad to assist you. Contact us soon. I wish you well.

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

1 Answer | Asked in Appeals / Appellate Law for Georgia on
Q: EX refusing to pay CS during appeal

EX has appealed CS order and says he does not need to pay until appeal is decided. My attorney agrees and also that EX won't have to pay arrears if appeal is denied. How can this be true? Can he file appeal after appeal to avoid CS? How am I supposed to care for my son?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 28, 2019

If there is an existing order, your son’s father must obey it; to say that he doesn’t have to because he filed an appeal is false. The penalty for failure to comply with a court’s order is contempt.

You may benefit from contacting another attorney. More information about your case is...
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1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Litigation for Georgia on
Q: Can I file a claim for being incarcerated for a fraudulent indictment

Will a attorney take my case if I have strong grounds for a law suit claim

Gary Kollin
Gary Kollin answered on Aug 31, 2019

Only one way to find out. Consult a lawyer directly

1 Answer | Asked in Family Law and Appeals / Appellate Law for Georgia on
Q: What kind of lawyer do i need if I've been unfairly treated by dept of family and children and want to appeal termina

I want to appeal termination of my rights

Homer P Jordan IV
Homer P Jordan IV answered on Jul 19, 2019

You can take your case to any family law attorney. They will review the facts of the case and see if there is anything they can help you with. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

1 Answer | Asked in Appeals / Appellate Law for Georgia on
Q: HOW CAN I FIND AN ATTORNEY WHO WILL BE WILLING TO ASSIST ME IN SUING MY ATTORNEY?

I HAVE FILED A COMPLAINT WITH THE GEORGIA BAR ASSOCIATION. MY ATTORNEY STATED HIS COMPUTER HAD CRASHED THEREBY HE LOST ALL RECORDS, THE CASE WAS DISMISSED.

Michael David Birchmore
Michael David Birchmore answered on Jul 5, 2019

On these facts alone, I cannot see the bar complaint coming to anything. Lawyers cannot control bad technology. However, better lawyers will likely have in place backup systems to guard against information loss in the event of technology failure. While the Bar may not provide redress in this... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: If my rights were violated through Boykin, does this give me grounds to reverse my guilty plea?
Robbie Levin
Robbie Levin answered on May 16, 2019

The primary issue in determining whether a plea is lawful is whether the defendant entered a knowing, intelligent and voluntary guilty plea. If the Court and/or your lawyer failed to inform you of your rights under Boykin, it could be grounds to invalidate a guilty plea. You should consult a... Read more »

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Georgia on
Q: My federal habeas was dismissed due to untimely filing. My ?, what should I expect to pay for an out of time appeal

I was in prison from 2009 to 2017. My attorney filed a post judgement motion and then a appeal from that motion. However, all judgements, convictions, and sentences from the trial court are directly appealable to the Ga. Court of appeals. There is also a O.C.G.A. statute that states a post... Read more »

Ecleynne Mercy
Ecleynne Mercy answered on May 6, 2019

Honestly. Expect to pay a lot. I don't do Appeals, but the saying you get what you pay for rings very true in appeals cases. Be prepared to spend a large amount of money because the data review alone is hours. I hope this helps.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: Is the 2013 code 17-10-6.1 section "e" mandatory minimum deviation retroactive?
Ecleynne Mercy
Ecleynne Mercy answered on Apr 22, 2019

Trial court has no discretion to alter or to allow parole board to alter mandatory minimum sentence of ten years for any serious violent felony, including armed robbery.  

Taylor v. State, 1999, 241 Ga.App. 439, 526 S.E.2d 910.

Statute prohibiting trial court from giving first...
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1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Juvenile Law for Georgia on
Q: Is hearsay admissible after the 10 day hearing of a dfcs case? Can you sue if they've done this?

I have an ongoing dfcs case. Im fighting very hard to get my children back. Is it ok for them to use hearsay at the 10 day hearing? The dfcs worker and the social worker at the hospital have two accounts of what was supposedly said. Can they use this as sufficient evidence? Could they be sued for... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Feb 19, 2019

You should consult with an attorney who can review the facts of your case in detail and present you with the options. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

4 Answers | Asked in Appeals / Appellate Law, Child Custody and Family Law for Georgia on
Q: Can biological father appeal ruling of denied ligitimazation of child
Ellaretha Coleman
Ellaretha Coleman answered on Aug 27, 2018

We would need more information to determine if the father is within the appeal time limitations. Whether an appeal may be successful depends on several factors. I suggest you speak with an attorney as soon as possible if you have a recent adverse decision against you.

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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: How may I apply for a supersedeas bond eithout a lawyer?
David Edward Boyle
David Edward Boyle answered on Jun 8, 2018

You have to file a written motion for supersedeas bond and file it with the clerk and copy the State and send a courtesy copy to the judge and request a hearing and then notify the state of the hearing date.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: Can a sex offender get off probation early with no violations, being a level 1 sex offender?
David Edward Boyle
David Edward Boyle answered on May 28, 2018

Yes, file a motion to terminate your probation.

2 Answers | Asked in Appeals / Appellate Law, Family Law and Child Support for Georgia on
Q: Can you appeal an order from the judge ruling that I owe more money than I do and have proof and pay within 6mths?

This is child support from over 13 years ago

Kim Ebert
Kim Ebert answered on Apr 23, 2018

If you're speaking of the 13 year old order, then under very limited circumstances, such as if the Court lacked subject-matter jurisdiction. If you're talking about a contempt action or Department of Child Support Services Administrative Order or Court Order, time is of the essence - like now! In... Read more »

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1 Answer | Asked in Appeals / Appellate Law for Georgia on
Q: How do I get an appeal application? Or a petition of whatsoever?

40-6-350 rights were taken from me.

Tyler Carey
Tyler Carey answered on Apr 12, 2018

Generally you have 30 days from the date of conviction to file a notice of appeal. O.C.G.A. 40-6-350 deals with laws for people operating mopeds - hence you are likely in a city or state court. Depending on which you are will depend on if you have an appealable issue from a record court.... Read more »

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