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Questions Answered by Joshua Schiffer
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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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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