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Questions Answered by Joshua Schiffer
1 Answer | Asked in Criminal Law for Georgia on
Q: Question about Georgia indictments

My husband got indicted last week in Georgia he is facing Seven charges is possession of methamphetamine possession of a firearm during the commission of a felony will willful obstruction of law enforcement officer. two counts of destroying or causing serious or debilitating injury to a police dog.... Read more »

Joshua Schiffer
Joshua Schiffer answered on May 17, 2022

You do not have to be present in the state for an indictment to be presented to the grand jury. As long as the GJ acted within the statute of limitations it is likely valid. That means he needs to get a lawyer to defend him as they will prosecute him while incarcerated and those are serious... Read more »

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Hi im being evicted from my apartment due to parking violations what actions can i take on this matter
Joshua Schiffer
Joshua Schiffer answered on May 17, 2022

May be a violation of your lease or they may be improperly targeting you as a form of harassment. GA has difficult Landlord Tenant law for tenants, but there are some really good self help resources at Legal Aid type clinics.

If the parking violations are legit, it may just be easier and...
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1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Georgia on
Q: I got caught with 8.5 grams of weed at school. The weed was pacaged into 5 seprate pacages. I have no previus record

I found the weed in the bathroom and was going to turn it in but i got scared and didnt turn it in

Joshua Schiffer
Joshua Schiffer answered on May 17, 2022

Thats gonna be something you want to handle very responsibly. 5 baggies means the administration is going to look at it as distribution/sale, and thats a MUCH bigger deal than just simple possession. You should look into acquiring a lawyer to assist you so that you do not make an innocent error... Read more »

1 Answer | Asked in Traffic Tickets for Georgia on
Q: Got a speeding ticket and paid the ticket before the court date but still got notice of arraignment in mail

Paid ticket before court date ticket was 63 in a 35

Joshua Schiffer
Joshua Schiffer answered on May 17, 2022

Call the court as this is a common occurrence. They will confirm the disposition of the case on the phone and for best practices you should get a copy of it for your records.

Nothing to worry about, you just want to make sure everything was done right.

1 Answer | Asked in Criminal Law for Georgia on
Q: I have a new misdemeanor charge and I am on feliny probation. Will I have to go to jail for an extensive amount of time?
Joshua Schiffer
Joshua Schiffer answered on Apr 19, 2022

All going to depend on the circumstances. The mere arrest can be a violation of your probation and that exposes you to a revocation. If it is First Offender probation that adds an additional layer of complexity as you can be resentenced under the original max.

You should acquire a...
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2 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: My wife took out a TPO against me and then contacted me by text..What can I do..??
Joshua Schiffer
Joshua Schiffer answered on Apr 19, 2022

Be careful, thats what you can do. Even when she solicits contact, ANY violation of the TPO can justify an arrest or violation. Thats one of the big issues with these orders. No matter her intention, the cops are going to do what the document tells them too.

You need to get a local...
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2 Answers | Asked in Child Custody, Criminal Law, Domestic Violence and Federal Crimes for Georgia on
Q: How can a lawyer prove someone is not guilty of child cruelty ?
Joshua Schiffer
Joshua Schiffer answered on Mar 20, 2022

My colleague John is spot on that without more details it is impossible to provide accurate guidance. It is also the STATES burden to prove things, and a good lawyer works to prevent the State from being able to do that.

I strongly recommend you call a couple LOCAL lawyers in your...
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1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Should I plea not guilty

So my granny was on the phone with my sister and I started to argue with my granny. My sister on the phone in anouther county hangs up and calls the police to our house. I get arrested for fva simple battery for taking the phone from granny and throwing it and criminal fva criminal trespassing for... Read more »

Joshua Schiffer
Joshua Schiffer answered on Mar 11, 2022

You stand a very high chance at a successful resolution as long as you handle the situation properly. As DV cases are treated aggressively by most jurisdictions, they dont get "dismissed" very often without some back and forth between you and the State. It may be very reasonable to try... Read more »

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Georgia on
Q: What is the legal term used when a child tells a mother that "daddy wants to kill you"

I'm a mentor for a woman in Georgia and I live in New Jersey and this poor woman has been put through hell &her 4 children are in temp custody of their abusive twisted husband and one conversation she had with her 4yr old, said "daddy wants to kill you" Now I don't know how... Read more »

Joshua Schiffer
Joshua Schiffer answered on Jan 31, 2022

She needs a wholesale revisiting of her case by a Domestic Violence Social Worker who can coordinate appropriate legal assistance as this is a multifacted situation. The Child is in need of protection, and that should be coordinated likely with some state agencies due to her instability and lack... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: Where can i find a basic template for a georgia criminal discovery request?
Joshua Schiffer
Joshua Schiffer answered on Jan 30, 2022

A good source for boilerplate motions is the clerks office. Find a similar case and you can obtain a copy of what an established lawyer filed in that case. Not perfect by any means, but easy.

1 Answer | Asked in Domestic Violence, Family Law and Child Custody for Georgia on
Q: how much time does a person get for cruelty to children in the 1st degree and battery family violence 1st degree?
Joshua Schiffer
Joshua Schiffer answered on Jan 30, 2022

In Georgia Cruelty in the 1st is 5-20, and is very substantive charge. The Battery is likely a misdemeanor lessor included.

These cases are very factually dependent as there is almost always a lot of mitigation to be explored and the truth is NEVER reflected in the officers...
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1 Answer | Asked in Domestic Violence for Georgia on
Q: If damages occurred by my attacker am I required to repair or pay for it
Joshua Schiffer
Joshua Schiffer answered on Jan 14, 2022

So the attacker caused property damage and you are inquiring if you are responsible for it? Thats hard to answer without more facts as you may have independent duties to repair (such as leased property) that are in play regardless of the criminal process.

Very commonly the prosecution will...
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2 Answers | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Georgia on
Q: In a divorce - if there has been domestic violence or family violence perpetrated by one spouse and his family….

And parental alienation by the husband and paternal grandparents who is manipulating the child against his mother. Is it likely the mother will get full physical custody and the father supervised visitation? Is it more likely the mother will get the home? This is in Georgia USA

Joshua Schiffer
Joshua Schiffer answered on Jan 12, 2022

Its really hard to do a thorough analysis without full context, but Domestic Violence always grabs the attention of the Judge when looking at Family Law Cases.

At the same time, judges will almost always ensure both parents get substantial time with the child regardless of the criminal...
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1 Answer | Asked in Gov & Administrative Law, Family Law and Domestic Violence for Georgia on
Q: Hi my fiance was arrested I didn't press any charges but the state did is there anyway I could get them dropped?

His charge is a misdemeanor he's recently in Jackson county jail and his bond is $1350 he broke a mirror that he gave to me

Joshua Schiffer
Joshua Schiffer answered on Jan 12, 2022

The State, through elected prosecutors, retains all authority when it comes to whether to pursue charges or not, unfortunately.

THAT BEING SAID, as the alleged victim you retain substantial influence over whether the State can be successful in trying to prosecute him. First off you have...
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1 Answer | Asked in Child Custody, Divorce and Domestic Violence for Georgia on
Q: I was awarded emergency custody of my kids in 2018 after a mom abused my 7yr at the time we have 3 kids total

I went to superior court to file for divorce The judge sent us to juvenile courts where I was awarded custody of the kids the CPS & gal was involved

Mom had numerous other abuse incidents during the parenting time process but jurisdiction & who knows what prevented anything from... Read more »

Joshua Schiffer
Joshua Schiffer answered on Jan 5, 2022

Trying to get to the heart of your inquiry, but it appears you have a messy custody/family/criminal set of intertwined issues. Unfortunately as you have discovered there are not a lot of great resources for folks in these situations outside the traditional legal system.

The headline is...
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1 Answer | Asked in Domestic Violence and Family Law for Georgia on
Q: For a domestic violence case, if my temporary no contact order period is over, can I meet my family without a hearing?

The court says my case is closed, but I still didn't meet my family.

Joshua Schiffer
Joshua Schiffer answered on Jan 3, 2022

It is certainly a good idea to check and have backup in these situations. First off, with all of this you need to ensure you have the documents handy, as you may need them if there are issues.

Orders and sentences expire according to their terms, and when they expire they become void...
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2 Answers | Asked in Criminal Law, Domestic Violence, Family Law and Federal Crimes for Georgia on
Q: Can simple battery stop you from owning gun. Not sure if simple battery and domestic battery is the same charge.

I took a plea for simple battery with an ex but not sure it its classified as domestic does the actual word domestic show if its a domestic charge?

Joshua Schiffer
Joshua Schiffer answered on Dec 16, 2021

This is going to require some factual investigation, as the details are SUPER important in this analysis.

IF the conviction was under the Georgia Family Violence Act then a prohibition applies. This does not need to be explicit, however, and, as the prohibition is based on Federal law...
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2 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Can you purchase a firearm with a domestic misdemeanor charge?
Joshua Schiffer
Joshua Schiffer answered on Dec 16, 2021

It is a violation of Federal Law to purchase or posses firearms if you have been convicted of a domestic violence crime. It is basically the only misdemeanor that affects a fundamental constitutional right like this. That is why it is EXTRA important you get the right lawyer for your charge.

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1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Can they press charges if they hit you first with a weapon

Me and my husband went to Mt sisters house. My husband and her boyfriend got into a verbal altercation. Her boyfriend then hit my husband with some weapon. My husband hit him back. I was keeping my sister back so she wouldn't get hit by them and she hit me. I popped her not hard and told her... Read more »

Joshua Schiffer
Joshua Schiffer answered on Nov 7, 2021

Odds are if the cops are made aware, they are going to investigate and determine if they should arrest anyone. Getting a lawyer involved out front assists in getting your version of the events presented properly and with the most impact.

I advise if arrests appear imminent that you hire...
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3 Answers | Asked in Family Law and Domestic Violence for Georgia on
Q: My fiancé(20) has a controlling family. His father and sister beat him, so I (20) came to GA from TN to pick him up.

A few days later, we find out that there is a warrant for his arrest in GA that we believe his parents called and reported him for. But he did nothing wrong. Now his mother is harassing us and threatening us.

Joshua Schiffer
Joshua Schiffer answered on Oct 28, 2021

He needs to retain a lawyer to navigate the warrant process IF a warrant has actually been issued. Who told you there was a warrant?

A lawyer will be able to contact the authorities, verify the accuracy of the warrant status as well as ensure the process is handled expeditiously. There...
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