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Georgia Juvenile Law Questions & Answers
1 Answer | Asked in Juvenile Law for Georgia on
Q: So im pregnant and my husbands brother is 13 and he treated to hit me what do u do
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 12, 2020

Your circumstances are unfortunate. There are a few options, but it will depend on some specific circumstances. For starters, consider filing a Temporary Protective Order. There is certain criteria that must be met. Does the juvenile reside with you?

It is best to contact an attorney who...
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1 Answer | Asked in Juvenile Law for Georgia on
Q: Can 2 juveniles one on probation and the other just released from rydc for robbery stay the night with each other
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 14, 2019

The answer is it depends. Check the conditions of his probation, and if you are still unclear, contact his probation officer for clarity.

Aside from what is permissible legally, it may be best to assess the circumstance personally. Is this in your son’s best interest at this moment? It...
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1 Answer | Asked in Juvenile Law for Georgia on
Q: My 14 year old son just got put on probation in Georgia and he has a juvenile friend that just was released from rydc

Robbery can they hang out and stay the night with each other

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 14, 2019

Normally the terms of your probation will dictate what is permitted . It may be best to consult his probation officer for clarity. And then there’s your discretion as a parent and what your son’s offense was. It may be best to have him avoid any appearance or opportunity for impropriety.... Read more »

1 Answer | Asked in Domestic Violence, Education Law and Juvenile Law for Georgia on
Q: My son is getting bullied and harassed in school. I talked to the principle and it is still continuing. can i press char

There is a gang in the school were my son is getting bullied and harrassed. The leader of the gang keeps approaching him with treats of gang jumping him and fighting. The leader is 13 and the members are 12 or so. Can i press charges against him and the school since i have had a meeting with them... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 9, 2019

The short answer is yes. However, it is important that you contact an attorney as soon as possible to discuss the specifics of your case. We are more than 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 Juvenile Law for Georgia on
Q: i already have an opened case, i stole my mothers car while the case was still ongoing but she didn't press charged

can they lock me up for that or is it up to the judge

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 26, 2019

First, stealing your mother's or anyone else's car or property is NEVER a good idea. Period.

If she has not reported you to any authority (court, police or probation officer), there is no way for them to learn of your new indiscretion, and if they do not know about it, they cannot...
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1 Answer | Asked in Juvenile Law for Georgia on
Q: I'm finna be 17 when I turn 17 can my mom do anything if I leave and hang out with friends without permission
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 26, 2019

The answer to your question is YES. You are not emancipated in the eyes of the law until you are either 18 years old, married or serving on active duty military service. Your mother can require that you obey curfew, and the law will support her if she decides to file charges against you.... Read more »

1 Answer | Asked in Juvenile Law for Georgia on
Q: if i am pregnant and leave home at 17 to move out can my dad make me come home
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 21, 2019

Yes, your father can "make" you come home.

You are not emancipated until:

1. you reach the age of 18,

2. you are married or

3. you are serving on active duty with the armed forces of the U.S.

Being pregnant does not entitle you to...
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1 Answer | Asked in Juvenile Law for Georgia on
Q: If a 16 year old gets a 13 year old pregnant, what are the likely repercussions for the 16 year old?
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 17, 2019

Without more information about your case, it is difficult to provide you with an accurate answer. Generally speaking, a person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and not his or her spouse, provided that no... Read more »

2 Answers | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for Georgia on
Q: Can a 14 in Georgia runaway and live with another if they parent could be charged with abuse and possibly neglect?

Im 14 and Im trying to get out of the home but because Im not 16 or older i cant do anything. My friend and I are working up a case against her for child abuse and possibly neglect. I haven't looked up the second one all to much, however for the abuse case we have pictures of bruises and my... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Nov 9, 2019

You need to speak with a counselor at your school about your situation. As a minor, you cannot just run away without parental permission.

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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Q: Can Ga DFCS take a child who resides in Florida, but spent 4 days at a family farm in Ga while awaiting home repairs?

We spent 4 days at my father in law’s farm, living from our suitcases, while awaiting a/c repairs to be done on our home in Florida. I met with CPS from Florida as well as Georgia at my son’s high school, in florida, from where he was placed into foster care by DFCS. Georgia DFCS is claiming... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 8, 2019

Without more information about your particular case, it is difficult to answer. Dependency cases depend greatly on specific facts. Generally speaking, Georgia DFCS may have the authority to take an allegedly deprived child into state custody, and afterwards, a child dependency action must take... Read more »

1 Answer | Asked in Juvenile Law for Georgia on
Q: Will the juvenile court check to see if the offenders parents have a warrant before release
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 8, 2019

To properly answer your question more details are required. The best interests of the juvenile are always paramount in juvenile court. It is best to contact an attorney who specializes in Juvenile Defense.

The Upshaw Law Firm (770) 240-0922.

2 Answers | Asked in Juvenile Law for Georgia on
Q: My son was placed in a RYDC in GA for 60 days but has not been given credit for the 7 days that he was detained

He was charged with four counts of vehicle theft, four counts of entering a vehicle, and a few more that I’d have to look at for the specifics. He was detained on 10/16 and disposition was on 10/24. His release date is 12/23 and we are being told that he will not receive credit for time served... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 6, 2019

In the state of Georgia, any child who is ordered to a secure residential facility and is detained after the adjudication hearing in a secure residential facility pending placement in another secure residential facility must be given credit for time served in the secure residential facility... Read more »

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2 Answers | Asked in Child Custody, Criminal Law, Family Law and Juvenile Law for Georgia on
Q: If a person under the age of 18 is arrested and put in custody does a legal guardian have to come and get them?

does a legal guardian have to come and get them out or can anyone over the age of 18 legally get them out of custody?

Joshua Schiffer
Joshua Schiffer answered on Nov 4, 2019

A little bit more info is needed, as it all depends on how and for what the minor was detained. The courts are also VERY wary of sharing any information about juvenile proceedings with the public (even relatives) so a lawyer is very useful in fast-tracking any potential release.

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2 Answers | Asked in Family Law and Juvenile Law for Georgia on
Q: In Ga, what’s the law regarding kids being questioned at school by police/DFACS? Right to be notified after?
Ellaretha Coleman
Ellaretha Coleman answered on Oct 3, 2019

In Georgia, a minor may be questioned by law enforcement or a representative of DFCS without prior notification to a parent.

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2 Answers | Asked in Criminal Law, Family Law, Domestic Violence and Juvenile Law for Georgia on
Q: How many days is a 15 year old reported runaway considered disappeared/missing???

My 15 year old cousins mom filed a runaway report on September 26. We the family yet have to believe she had to do something with his disappearance but police wont do anything because she filed the report as a runaway..

Ellaretha Coleman
Ellaretha Coleman answered on Oct 3, 2019

There is no set number of days. Whether law enforcement considers a person missing will depend on the specific facts of each case.

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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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1 Answer | Asked in Family Law, Civil Rights, Employment Discrimination and Juvenile Law for Georgia on
Q: Can a child be taken off school grounds on a trip without parental consent?

Also a child thats in a special needs class cause he has autism

Homer P Jordan IV
Homer P Jordan IV answered on Sep 23, 2019

Schools typically send home a permission slip for field trips. Have you tried speaking with the school to get the details about this and find out why no notification was given or why they didn't seek permission? I would first reach out to the school to speak to them about it and ensure them... Read more »

1 Answer | Asked in Criminal Law and Juvenile Law for Georgia on
Q: What happens if a child lies to a officer in a statement about something that was recorded on camera

To The Child

Gary Kollin
Gary Kollin answered on Sep 14, 2019

To the child?

To the case?

2 Answers | Asked in Child Custody and Juvenile Law for Georgia on
Q: My sons father went and filed for petiton for legitimation and visitations/coustdy while i was in jail. Theres a court

Date set for next month but he took my son does he have the right to do that and not allow me to see him or can i take him back from him until the court date

Regina Irene Edwards
Regina Irene Edwards answered on Sep 7, 2019

You need to hire an attorney to discuss your specific case. If you were in jail, it probably was best that he took custody for your son while you were unavailable to care for him.

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1 Answer | Asked in Juvenile Law for Georgia on
Q: Will drug and alcohol classes test specifically for kratom?

I am a minor originally charged with posession of marijuana under a oz which is getting expunged through a informal agreement. Kratom helps me a lot and want to know if I can still use it. Its legal but can be specifically tested for in labs but will they do that?

William Jaksa
William Jaksa answered on Aug 15, 2019

Yes Kratom is legal in Georgia, but that doesn't mean its safe to use. There are several specific tests for Kratom that will confirm it has been used; however, it is not usually tested for on standard drug tests. There are specific drug screens to test for Kratom.

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