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Questions Answered by Joshua Schiffer
1 Answer | Asked in Adoption and Domestic Violence for Georgia on
Q: what is code 19-7-42 mean when officers get called out to a residents house for a domestic dispute but its against a 19

year kid that isnt even your kid but you wasnt threatening him/her or putting your hands on anyone but yet you was arrested supposedly for a probation violation?

Joshua Schiffer
Joshua Schiffer
answered on Sep 9, 2022

Pretty sure that is some sort of local code, as the OCGA for that number is a venue issue. Without more info it is hard to say.

When officers are dispatched to a DV there are a lot of issues in play, and their primary goals are going to be securing the safety of everyone followed by...
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1 Answer | Asked in Domestic Violence, Criminal Law and Family Law for Georgia on
Q: What if the victim doesn't want a protective order ior if yall married with kids
Joshua Schiffer
Joshua Schiffer
answered on Sep 4, 2022

Lots to unpack there. It "all depends" on the situation and facts, as a TPO is different from a criminal charge and the bond from a criminal charge operates differently than a TPO.

Marriage adds more complications and a step back to gather your thoughts and get some guidance from...
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1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: How is "Primary aggressor" defined by law
Joshua Schiffer
Joshua Schiffer
answered on Sep 2, 2022

As it sounds and from the perspective of the report maker, generally the police officer investigating the incident. It is not a conclusive finding in an investigation, and primary aggressor is most important when determining who is going to be arrested and then during the prosecution it becomes... Read more »

1 Answer | Asked in Family Law, Domestic Violence and Military Law for Georgia on
Q: I called the police on my boyfriend out of fear of what he would do to me and my daughter. now I don’t want him in jail

He may get 3-5 years but I only wanted space. Can I write an affidavit to keep him out of jail. They said the state is prosecuting him. Can his ptsd from the military help him?

Joshua Schiffer
Joshua Schiffer
answered on Aug 22, 2022

You are facing a super hard issue and the world is not very understanding.

The main issue is that no one should be in fear, especially children, at home. And a call to police is undeniable that you were scared, so the state is going to take a position that the call was valid and therefore...
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1 Answer | Asked in Domestic Violence for Georgia on
Q: Hi so I’m a victim in a domestic violence case, the DA, victims advocate and investigator came to my house but I didnt

Speak to them. If I don’t speak to them and show facts will that affect the case and he also has a revocation hearing coming up, they want me to show up to tell what all happened. If I don’t show up will they dismiss the bond revoke case and let him free

Joshua Schiffer
Joshua Schiffer
answered on Aug 1, 2022

Unfortunately no, and the "Victim Witness" is one of the most difficult folks to interact with if you are involved with a DV case. They work for the State and against the defendants penal interests. Regardless of whether you work with them, they are working for the Prosecution and that... Read more »

1 Answer | Asked in Domestic Violence for Georgia on
Q: I pleaded guilty to domestic violence, in GA. on 06/27/2022. How much time I have to file motion to withdraw?

Location: Forsyth county, GA

Joshua Schiffer
Joshua Schiffer
answered on Jul 18, 2022

Generally within the term of court you’re fine. I’d have to check the dates for Forsyth. Do you want to talk with your lawyer at length before making that call valve because once you file there’s basically no shot at ever getting a plea that good again. So you really need to be sir. Judges... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Can a person with a TPO carry a firearm?

Can you also provide the OCGA code as well??

Joshua Schiffer
Joshua Schiffer
answered on Jul 15, 2022

The answer is almost always case specific with the default position being "no." Check the order that was actually issued and it should directly address firearms. Especially if the TPO is DV related, the courts are very wary of firearm possession when there are such emotional issues before it.

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: My boyfriend was arrested in March and charged with battery (FVA) and part of his bond conditions was no contact order

With me. But we was never apart and I visited him while in jail and picked him up the day he was released. On June 3rd he was arrested for driving without license and they also charged him with Violation of Family Violence Order and held without bond. He has since plead guilty to the battery charge... Read more »

Joshua Schiffer
Joshua Schiffer
answered on Jun 16, 2022

All misdemeanors in GA are guaranteed a bond, but it appears the real issue here is they are prosecuting him for violation of a bond condition. Even if he and you wanted to have contact, if he is found to be in contact with you he is subject to prosecution.

The best thing for y'all...
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1 Answer | Asked in Domestic Violence for Georgia on
Q: How long can Gwinnette County Ga. hold my grandson after and Arraignment Hearing (Misdemeanor)

My grandson was transported from Dekalb County Jail on 3 June for a hearing on 7th june. The Arraignment Hearing was completed with a continuance.

Joshua Schiffer
Joshua Schiffer
answered on Jun 12, 2022

Thats a hard one as there are so many variables.

https://ody.dekalbcountyga.gov/portal/ is the online docket and you should be able to find his case info there, but without knowing more it is tough to predict how long until his next judicial event. It could be a couple, of weeks or a long...
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1 Answer | Asked in Criminal Law and Gov & Administrative Law for Georgia on
Q: If your ci for a drug task force and dhs comes in and they don't know it and your being drug tested

If your a ci for drug task force and dhs doesn't know it and they want to drug test you but as known you can't blow your cover because then the whole world would know so you react like these individuals and you have to do like they do which is if they say hey hit this you have to so would... Read more »

Joshua Schiffer
Joshua Schiffer
answered on May 22, 2022

Get your handler to put instructions IN WRITING so IF there are negative consequences you have a built in defense. You may want to hire a private lawyer to assist you as the Cops will hang you out to dry more often than not.

1 Answer | Asked in Criminal Law for Georgia on
Q: My sons charged for charges under a name with different middle name than the name of the accused and different inmate id
Joshua Schiffer
Joshua Schiffer
answered on May 22, 2022

Scriveners issues and mistakes of this nature should not be ignored, as the State will just "create" an alias for him if this doesn't get corrected, and that will follow him for life.

Get your sons lawyer to fix the error, as it will not prevent the State from prosecuting...
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1 Answer | Asked in Criminal Law, Employment Law and Federal Crimes for Georgia on
Q: Should I have anything to worry about or that I will have to handle?

Hello, I worked as a retail associate selling cell phones. In that position there was fraud going on with associates also selling phones were doing fraud and selling it to people using other peoples names basically a scammer. Will or can I still be charged for that? I unknowingly sold him phones... Read more »

Joshua Schiffer
Joshua Schiffer
answered on May 22, 2022

All depends on the investigation and what turns up. You can also either sit silently OR actively participate, if you have an appetite or desire for that. If you may be criminally liable, advance cooperation can also be mitigation for when you face potential consequences. Generally I advise... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: maximum sentence 3 years but Recommended sentence is 3 years probation is what meant in last question??
Joshua Schiffer
Joshua Schiffer
answered on May 22, 2022

A negotiated deal is presented to the court for approval and the judge can either accept or reject it. In MOST cases the recommendation is is less than the statutory maximum, which is what the court can sentence too for any particular charge. It sounds like the person is taking a plea to 3 years... Read more »

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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