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Georgia Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Georgia on
Q: If someone charged you with Theft by Deception in Georgia if you satisfied the person does the state still charge you ?

sold a vehicle that had a title lien on it. Satisfied the lien person received title registered in her name and almost a year later the title pawn repossessed the vehicle . Stating I did not pay them. State gave a true bill on it charging me with Theft by deception. They offered me 5 years prison... Read more »

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

The answer is yes, however it is best to contact an attorney who can assist you with a viable defense and/or dismissal.

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 for Georgia on
Q: If i get a subpoena for attendance witness and i don’t show up what happen? Can they off my bond on a whole other case
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 13, 2020

If you don’t appear, you may be found in contempt of court and a bench warrant issued for your arrest. The penalty can be severe, depending on the case. It is always best to appear. It may also be best to contact an attorney who can assist you with the specifics of your circumstances.

We...
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1 Answer | Asked in Criminal Law for Georgia on
Q: When a car is taken in as evidence in Gwinnett County, GA, where is it taken? Who do we, as family, call?

My son and his girlfriend were arrested. Her car was taken in (they were not driving it at the time...it was at their home). Will the car be released? Is there someone we can call to find it to get information on it. Trying to find out what happens next. We have a lawyer on the criminal... Read more »

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

You or your attorney should be able to contact the police department and find out where the car has been taken.

If you need further assistance, we are glad to speak with you. Contact us whenever you are ready.

I wish you well.

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

1 Answer | Asked in Criminal Law for Georgia on
Q: What rights does my son have if he's never had any background history, but his offense was having a bottle opener he fou

This happened 12/12/19. He was allowed to return to regular school after further review. Returned to school on 1/7 2020. Has made up all midterm test and is passing.

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

More information is needed before an accurate answer can be provided. It is best to contact an education and juvenile defense attorney as soon as possible to discuss the specifics of your son’s case.

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

I wish you well....
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3 Answers | Asked in Cannabis & Marijuana Law and Criminal Law for Georgia on
Q: 1st offender charge w traf. Pot possible time? Is cbd same? Can age be a factor? 76 yr old. In GA
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 11, 2020

The answer is it depends. More information is needed about your case 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 assist you. Contact us whenever you are ready.

I wish you...
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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Municipal Law for Georgia on
Q: Is it inhuman to keep an inmate in a holding cell for 13 days without a phone call or visit of any kind. Under invest.
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 10, 2020

It depends. It is best to consult an attorney as soon as possible 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 Probate for Georgia on
Q: If you are arrested for something petty while on felony probation & have to schedule a hearing with probation is it bad?

Driving under suspended lisence and didnt actually know they were suspended. Im on first offender felony probation. Would i have to see the judge that assigned the probation. What would i say to him if he is mean?

Brandon Alexander Thomas
Brandon Alexander Thomas answered on Feb 10, 2020

Any violation of the law while you are on probation can cause your probation sentence to be revoked and the judge to sentence you to jail. Driving with a suspended license is a misdemeanor, so it is not as bad as if you got a new felony. However, depending on the judge, the judge may revoke you to... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: Our General Contractor was paid by our bank to pay his sub contractors. He only paid a few partially then they put liens

The sub contractors put liens on our home until we paid them off. Isn't this considered theft by conversion?

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

From the information provided, it does not appear to be theft by conversion. However, before a more accurate answer can be provided a couple of questions must be answered. Did you have a contract with the subcontractors at any time during the duration of the project? Did you ever remit a payment to... Read more »

1 Answer | Asked in Civil Rights and Criminal Law for Georgia on
Q: I was a victim of physical assault. I was jumped by 6 guys outside of a bar, can police contact my parents if I’m 21?

I was jumped by 6 people outside of a bar, police came in and made everyone leave. I was beaten badly so I went to the hospital where an officer came and took statements from me and my girlfriend because she was struck in the head aswell by those guys. They contacted her mother without her consent... Read more »

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

They may have notified next of kin. If you’d prefer they not contact her, supply them with additional next of kin information instead.

I wish you well.

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

1 Answer | Asked in Criminal Law for Georgia on
Q: DA is offering a plea 10yr sentence w/ 3yrs prison for robbery by intimidation. Can I ask for less time like 3to5yrs?

original charges are aggravated assault, armed robbery and conspiracy to commit a felony. Plea would drop it down to robbery by intimidation.

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

The answer is, it depends. More information is needed before a more accurate answer can be provided. It is best to contact an attorney as soon as possible who can review your case file and offer you a professional opinion about what is in your best interest.

We are glad to assist you....
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3 Answers | Asked in Criminal Law and DUI / DWI for Georgia on
Q: My daughter of was charged with a dui, failure to maintain Lane and motor vehicle theft. Are these charges correct?

In the state of Georgia. My daughter was under the influence of drugs, she went to a friend's house to get help. No one was at home. She went up to one of his vehicles that was unlocked and sat in it for a while. She realized the keys were in the car so she started the car and went to drive off,... Read more »

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

The statute code that could apply for the vehicle is OCGA 16-8-2, Theft by taking. It is best to contact an attorney as soon as feasible who can assist you with the specifics of your case and craft an appropriate and tailored defense.

We are glad to assist you. Contact us whenever you are...
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1 Answer | Asked in Criminal Law for Georgia on
Q: Do I need a witness to prove someone pulled out a firearm and pointed it at me

A guy pulled a firearm out and pointed it at me and I wanted to know if I went to police would I need a witness to say I’m telling the truth because I don’t want the person to retaliate abs angrily come for me for going to authorities

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

You are able to file a police report without a witness. They will take your statement and conduct an investigation. If you know the person, and you are fearful of retaliation, you may want to consider filing for a Temporary Restraining Order. It will be helpful to contact an attorney who can assist... Read more »

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 Libel & Slander, Criminal Law and Constitutional Law for Georgia on
Q: Others had equal access to this home could not be locked dose the equal access imoly to this case

When the owner showed up that morning he found the home and my vehicle wide open as if they left in a hurry dually noted as to the outside disturbance call when I returned I found footprints behind the home 19 3/4 inches long 10 1/2 inches wide 6 feet apart I took pictures printed casts deemed... Read more »

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

More information is needed before an accurate answer can be provided. 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...
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1 Answer | Asked in Criminal Law for Georgia on
Q: If I am in a pdc and I have a warrant in another state. When I get done at pdc, Will they extradite me
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 3, 2020

Most likely they will, it depends. 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) 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, Communications Law and Constitutional Law for Georgia on
Q: When placed under investigation in the county jail are they allowed to not let u make a phone call or have a visit

Been incarcerated for 5 days placed on hold for warrants

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

You should be permitted a phone call. It is best to contact an attorney as soon as possible.

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 for Georgia on
Q: hypothetical question: if a person assaults a criminal to prevent their escape, could they be arrested also?

if someone witnesses a crime and assaults the perpetrator to prevent their escape would they be arrested also?

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

In all likelihood no, however in some circumstances yes. It is best to consult an attorney who can assist you with the specifics of your case and provide you with a tailored response/recommendation.

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

I wish you well....
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1 Answer | Asked in Civil Rights and Criminal Law for Georgia on
Q: i was assault by my husband but the police did not arrest him an wound not let my file charges what can i do
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 31, 2020

You can file a police report; it is your right to do so. Secondly, you can file a Temporary Protective Order. It is best to contact an attorney who can assist you with the specifics of your circumstances, especially if you are receiving no assistance and push back from the local police department.... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: On a warrant for arrest of probationer is the expiration date the date the probation ends
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 31, 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 details of your case.

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

I wish you well.

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