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Georgia Federal Crimes Questions & Answers
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 Violations)... 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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1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: can they charge me with 4 count of cruelty to children if the judge gave me my kids in 7 days if they didnt see no harm

Dfcs came to do a welfare check at 3am I told them they couldn't come in she came back with east point police they said the only way someone can get my kids if I sign my rights over I went to jail the allegation was that the kids was left in the house alone wasnt eating wearing the same clothes... Read more »

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

Generally speaking, yes. However, more information is needed before a definitive answer can be provided. Other factors may be considered. It is best to contact an attorney as soon as possible who can assist you with navigating the specifics of your case.

We are glad to assist you. Contact...
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2 Answers | Asked in Child Custody, Child Support, Criminal Law and Federal Crimes for Georgia on
Q: Held in Tennessee, child abandonment felony in GA

Hello, I have a question. I have a friend who was arrested about 2 weeks ago. He lives in the state of Tennessee and was arrested in a fugitive warrant out of Georgia. Come to find out the charge is child abandonment. He is being held till May with no bond. The hearing is in May. I was wanting to... Read more »

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

More information is needed before an answer can be provided. It is in your friend’s best interest to contact an attorney who practices in Georgia and who can assist with the specifics of the case. There are many things to consider.

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 my hit and run charges be dropped?

I was in a motorcycle accident and my breaks went out at the time of the collision. The road i was turning on was a hill, so i was rolling down the hill all while panicking trying to stop my dodge durango. I finally put the emergency breaks on. I was .05 miles from the scene. I could see the police... Read more »

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

More information is needed about the specifics of your circumstances before an answer can be provided. It is best to consult with an attorney who can provide you with a tailored response.

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

I wish you well.

-The...
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1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: How much prison time can someone get if they are caught with firearms and are a convicted felon 20 years ago in Rome ga
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 1, 2019

I would like to provide you with an accurate answer, however more information about your case is needed. The short answer is it depends.

It is best to consult an attorney as soon as possible who can go over the specifics of your case.

We are glad to assist you. Contact us soon....
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2 Answers | Asked in Criminal Law, Family Law, Federal Crimes and Sexual Harassment for Georgia on
Q: How do I get a case where I am a victim of sexual abuse reviewed by us grand jury

How do I get my case before a Federal Court because my rights have been violated by Cherokee County Georgia juvenile courts and Defacs

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 1, 2019

Your circumstances are unfortunate, and I want yo provide you with answers. However, more information is needed to provide you with an accurate answer. It is best to consult an attorney as soon as possible. You do not want statutes of limitations to run.

We are glad to assist you. Contact...
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2 Answers | Asked in Criminal Law, Communications Law and Federal Crimes for Georgia on
Q: Hello I have a question about a upcoming case next month

If a person of 55 that has maintained a absolute clean record with no criminal history of any kind there whole life at age 55. and has now been charge with the committed felony crimes for communication by phone & felony #2. Communication by text. using a cell phone to commit the following felony... Read more »

Robbie Levin
Robbie Levin answered on Nov 20, 2019

Get a lawyer. You don’t want to be a convicted felon if at all possible. There’s more to it than just figuring out an agreeable sentence.

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

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2 Answers | Asked in Criminal Law, Federal Crimes and Civil Rights for Georgia on
Q: My brother is currently incarcerated & is charged with home invasion among other charges. There is no evidence only

Hearsay. He was already questioned & gave information on what he knows to the authority. He don't have bond, & the GBI turned down the charges that's pending. The public defender is slow moving on his case & we seriously need help getting him home, cause he is innocent. What do we need to do to get... Read more »

Melaney LaGrone
Melaney LaGrone answered on Nov 20, 2019

If you are not happy with the services of his public defender then you need to hire a lawyer. There are a lot of things behind the scenes that you may not be aware of. Plus, you are getting second and third hand information. Call us...we are here to help.

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1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: What charges is my mom facing for stealing money from her employer?

My mom was arrested for stealing money from her job. It was in the thousands, not exact amount. She turned herself in and it's her first offense. Is she going to have to serve time?

Joshua Schiffer
Joshua Schiffer answered on Oct 5, 2019

All depends. White collar crimes are an odd duck. Some local jurisdictions go whole hog on them and go for broke, others are a guaranteed "probation and restitution." The facts surrounding the theft matter heavily. So does the method of theft.

Holler at me if we can be of assistance....
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2 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Federal Crimes for Georgia on
Q: Would a dirty needle be considered Transportation of etiologic agent?
Joshua Schiffer
Joshua Schiffer answered on Oct 1, 2019

Novel question. Could be, with the right facts and evidence of intent. Would depend on the perspective of the Indicting DA.

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1 Answer | Asked in Personal Injury, Civil Rights, Federal Crimes and Juvenile Law for Georgia on
Q: Can a highschool coach record a conversation of a 15 year old player w out their knowledge?

Exit interview for making the team or being cut, no parent was present, it was in a closed office in which he spoke harshly in an aggressive tone and made her cry. She wasn’t cut made the team but found out 4 months later he had recorded her... not sure if he recorded all players for their exit... Read more »

Ken Shigley
Ken Shigley answered on Sep 26, 2019

OCGA § 16-11-62 (https://law.justia.com/codes/georgia/2010/title-16/chapter-11/article-3/part-1/16-11-62) provides:

It shall be unlawful for:

(1) Any person in a clandestine manner intentionally to overhear, transmit, or record or attempt to overhear, transmit, or record the...
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