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Georgia Criminal Law Questions & Answers
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,...
Read more »

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)...
Read more »

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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1 Answer | Asked in Criminal Law for Georgia on
Q: I’m going to court tomorrow for pointing and aiming a pistol at someone the person I Pitneys pointed the pistol at was

Trespassing at my moms house (where I still live) after he had been to not come back I pulled my weapon while still in my yard however he told authorities I chased him down the street this is my first criminal offense as an adult what should I do

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 14, 2020

More information is needed before an accurate answer can be provided. It is best to contact an attorney as soon as possible.

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

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

2 Answers | Asked in Criminal Law for Georgia on
Q: What’s the normal penalty for this offense
E. Jay Abt
E. Jay Abt answered on Jan 14, 2020

Every offense has a different penalty. Some have mandatory minimums.

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1 Answer | Asked in Criminal Law and Juvenile Law for Georgia on
Q: Can I be charged with “theft of lost or mislaid property” if I’m underage, and tried to find the owner?

I was dropping my boyfriend off at his car in the school parking lot around six in the afternoon after we had gone to eat. There was a set of AirPods on the ground out in the rain, so we saved them. We waited in the parking lot for an hour or so to see if the owner would come back, granted school... Read more »

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

The answer is yes, you can be charged. For this reason, it is important to contact an attorney who specializes in juvenile law. It is not in your best to handle this alone.

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

I wish you well.

-The Upshaw Law...
Read more »

1 Answer | Asked in Criminal Law and Workers' Compensation for Georgia on
Q: How much time do you get for malice Murder?
Holly G Chapman
Holly G Chapman answered on Jan 13, 2020

In Georgia, malice murder carries life in custody and can be either with or without parole. If you are sentenced to life with parole, you must serve 30 years in custody before you can be considered for parole. If you are sentenced to life without parole, you will never be considered for parole.

1 Answer | Asked in Criminal Law for Georgia on
Q: Can the police track a cell phone if they're investigating an individual
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 13, 2020

The answer is yes, police are allowed to geo track a cell phone. However, it’s a different matter when it comes to searching your cell phone. 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...
Read more »

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 for Georgia on
Q: What charge falls under criminal negligence

So cruelty to children falls under criminal negligence or do 2nd degree murder falls under criminal negligence

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 11, 2020

In Georgia, a second degree cruelty to children charge arises when a person with criminal negligence causes a child under the age of 18 cruel or excessive physical or mental pain.

Georgia doesn’t divide murder into “first degree” or “second degree.” Voluntary manslaughter can be...
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1 Answer | Asked in Criminal Law for Georgia on
Q: In Georgia can a man be arrested for giving a woman herpes and he never know he had it or been Diagnosed with a disease
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 10, 2020

The answer is yes you can be arrested, but conviction is another matter. It is best to contact an attorney who can assist you with your case and provide you with a tailored defense.

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

I wish you well.

-The Upshaw...
Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: If a child is a victim in an aggravated child molestation case how long will it take the courts to prosecute the alleged

My son has a case against my younger kids father. My son is the victim. He is charged with aggravated sydomy child molestation battery against a minor under ten years old. It's been almost 3 years and the courts keep resetting the case with a calendar call. Why haven't they settled the case?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 9, 2020

The circumstances of your case are unfortunate. There are many factors that are considered when scheduling a case; this is at the discretion/decision of the District Attorney working with the defense attorney(s) and the court. You should be able to contact the Victim's Advocate's office for more... Read more »

2 Answers | Asked in Domestic Violence and Criminal Law for Georgia on
Q: If you are out of jail on bond, for aggravated stalking, are you allowed to use YOUTUBE to send message to the victim?

The judge during the bonding out hearing, told him to stay off ALL social media, but he has developed a YOUTUBE thing, so send me messages, apologizing and asking me to come back. He was only supposed to be allowed to have his manager post things ( he thinks he is a singer/songwriter) but he is... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 7, 2020

If there is a protective order contact the agency that issued or a police department to report the violation.

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