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Questions Answered by Joshua Schiffer
1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: What do I do if someone told another person they would kill me

My ex husband accused me of breaking his window. He called my brother in law and threatened to kill me cause his window was broken. My sister overheard as well. I'm not allowed on his property so I would not go over to his residence.

Joshua Schiffer
Joshua Schiffer answered on Dec 29, 2020

You need to contact the authorities if you are the victim of a crime, and that appears to be the case here. The threats are important to record in advance of any potential future legal issues between y'all, and it could be useful in presenting to a judge later on.

1 Answer | Asked in Domestic Violence for Georgia on
Q: Is it best to have a lawyer with you when you have a pre warrant hearing against the one hwho attacked you.

Have a court date already. Have evidence and a witness.

Joshua Schiffer
Joshua Schiffer answered on Dec 9, 2020

The State acts on behalf of the victim in post of these cases, but it depends on the way your county does things. If it is a private warrant application then bringing your own lawyer is an excellent idea so your position as petitioner or victim is clearly presented to the Judge. If it is a... Read more »

1 Answer | Asked in Domestic Violence for Georgia on
Q: What lawyer needed for me the victim against attacker and police department

Representation in pre warrant court to get correct warrant and also later against attacker whom is the son in law for lost wages etc. And again against police department for mishandling and denial of my right to have had my attacker arrested in a timely fashion when asked 3 times already.

Joshua Schiffer
Joshua Schiffer answered on Dec 7, 2020

You can always file civil suits for assault or other intentional torts agains the person that harmed you, witn the big limit being if they have assets or insurance policies that you (and the lawyer) can collect against. Otherwise you are just going to get a paper judgement that is worthless and no... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: I suspect sexual abuse against a child. How can I build a criminal case?

The child has speech and communication disorders so a disclosure is difficult to obtain.

Joshua Schiffer
Joshua Schiffer answered on Dec 3, 2020

Go to the authorities as that is their job. Unfortunately when private citizens get involved it makes the eventual case weaker.

3 Answers | Asked in Domestic Violence and Family Law for Georgia on
Q: Family Violence hearing. What about our daughter?

I have a family violence hearing next week to extend a protective order against my daughters father. Is there any sort of arrangements that can come from this that would restrict our contact but allow him and our daughter to see one another. I hate to take her away from him, she adores him and he... Read more »

Joshua Schiffer
Joshua Schiffer answered on Dec 3, 2020

The good news is that many,many protective orders are negotiated out of court and an agreement is made that will satisfy your concerns. If the parties cannot come to an agreement, then the court will rule but the court would much rather have the parties solve their problems privately.

I...
Read more »

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1 Answer | Asked in Criminal Law for Georgia on
Q: In Georgia, How long does the prosecutor have to finish the case after you're indictment

5 years ago he took a plea deal for fleeing and eluding in Ga. In may of this year he was arrested for a different charge but was still on probation for the previous offense. While in custody the prosecution said the first sentence was illegal and withdrew the original plea. Is there a statue of... Read more »

Joshua Schiffer
Joshua Schiffer answered on Nov 30, 2020

Thats going to require a detailed analysis with an experienced Post Conviction or appeals lawyer. It sounds worth investing that money, as there may be some benefit to his overall defenses. His current lawyer may also be a good source for information, as he should have a PD for the new charge.

1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for Georgia on
Q: Can you get arrested for impede traffic for being parked @ someone you know house
Joshua Schiffer
Joshua Schiffer answered on Nov 30, 2020

The answer to the "can they" question is almost always "yes." Wrongful and rightful arrests happen every day.

Whether the officer's actions are legal when they are reviewed is a totally different issue. Officers violate their duties and the law regularly, and it...
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3 Answers | Asked in Domestic Violence for Georgia on
Q: Resident of Walton county, GA. Can I get a protective order against my boyfriend who lives in my house with our daughter

He is verbally abusive, mentally abusive, but has only pushed me once. He has been putting holes in walls and doors for years. Last night he slammed our Christmas tree on the ground in front of our 4 year old... is this an option so that he has to leave my house? He is escalating and my daughter is... Read more »

Joshua Schiffer
Joshua Schiffer answered on Nov 30, 2020

A family lawyer is something you and your 4yo deserve ASAP. As my colleague below sets out, there are tools that you can use to secure your housing and support while you go through the challenging process of making the right decisions how to move forward. I also encourage you and your boyfriend... Read more »

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2 Answers | Asked in Divorce and Domestic Violence for Georgia on
Q: Is telling a spouse to kill themselves family violence

My wife and I have had a very hard year her being physically abusive and emotionally so and I’ve been recorded telling her to kill herself. Just wondering if I should worry

Joshua Schiffer
Joshua Schiffer answered on Nov 24, 2020

It would be difficult to convict you of a "crime" per se, but it is still bad evidence if something goes awry. The better option is to either work on the relationship with therapy and efforts or consult with a family lawyer to plan a divorce/separation. DO NOT get trapped by getting... Read more »

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1 Answer | Asked in Consumer Law for Georgia on
Q: Do I have a case against an auto dealership that repossessed my auto due to a mistake on their part.

They come picked up my auto without written notification. The payments were current, but they lost the payment. I have proof of payment

Joshua Schiffer
Joshua Schiffer answered on Nov 11, 2020

Yes you do and it may be good. It all depends on the circumstances. Please feel free to email me at Josh@csfirm.com with the details and I can point you in the right direction.

2 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: My husband was falsely accused of aggregated assult towards me. I was under the influence and suicidal and they accused

Him of choking me witb a cord when i was the one who trird to. Choke myself. I was so out of it when the police where questioning me i dont have almost any recollection i dont even remember going to the hospital

Joshua Schiffer
Joshua Schiffer answered on Nov 11, 2020

The best pathway is for your husband to retain a lawyer, then that lawyer can explore the defenses which include how to handle putative victims that made an outcry while under the influence. I will warn you in advance that the State likes to get very aggressive when it comes to leaning on victims... Read more »

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2 Answers | Asked in Criminal Law for Georgia on
Q: If I am on probation before a prior, separate charge has went to court. Will that violate that probation?

I was charged with violating family violence order an have yet to go to court for stalking charges. I got a dui 2 weeks later. I am just wondering about how the probation an the sentencing dynamic will play out after the dui sentencing. As well as any advice on "stalking by communication"... Read more »

Joshua Schiffer
Joshua Schiffer answered on Nov 9, 2020

The hard and fast rules really do not apply here, as there is so much discretion while the facts are up in the air. The bar to "violate" probation is GA is extraordinarily low and your question leaves what your sentence is, currently, up in the air a bit. You need to meet with a lawyer... Read more »

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4 Answers | Asked in Child Custody, Domestic Violence and Family Law for Georgia on
Q: How can i file for emergency custody not in same state as child

Let state n child due to domestic violence. Father has in dangered myself n child and recently been locked up and has serveral open cases n current drug addict

Joshua Schiffer
Joshua Schiffer answered on Nov 9, 2020

I agree with my colleagues below, and while you COULD try and do this yourself, a lawyer in the proper state will know the process and forms necessary to start, they will also be familiar with the legal community and that will assist you in accomplishing your goals.

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3 Answers | Asked in Criminal Law and Federal Crimes for Georgia on
Q: If I have seen someone abusing my child sexually and he is not in my custody, how will charges be brought against them?

My son is with my family. They are not my biological family they have recently petitioned the court to adopt and accuse me of abandonment. I witnessed my child engaging in the act of sex with two members of the family and was afraid to tell anyone about it at first, but have called CPS and reported... Read more »

Joshua Schiffer
Joshua Schiffer answered on Nov 9, 2020

You need to take immediate action for the well being and protection of the minor child. I also advise you to use independent 3rd parties to corroborate your outcry so the state or opposing parties cannot turn it around on you. It is indefensible to allow continued suspected sexual abuse of a... Read more »

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2 Answers | Asked in Criminal Law for Georgia on
Q: Can I pay with payments each week?

I really need a lawyer before January 5th I don’t have the money upfront but I can guarantee I will have it before trial which is Jan 5th 2021

Joshua Schiffer
Joshua Schiffer answered on Nov 9, 2020

Depends on the lawyer. The higher end lawyers quickly move away from payment plans, as they are such an expensive hassle. I would speak with several lawyers, explain the situation, and figure out how much you can save up BEFORE court. Then hire a lawyer with your accumulated bankroll.... Read more »

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1 Answer | Asked in DUI / DWI for Georgia on
Q: i was arrested for posse. of ice an dui which clearly wasmt dui but any how the deparment didnt fingerprint or mugshot.

court date came up callwd the clerk of courts an checked the online agenda an my name wasnt on it what do i do

Joshua Schiffer
Joshua Schiffer answered on Oct 28, 2020

Incorrect documentation and errors from Law Enforcement are unfortunately common. You may want to hire a lawyer on a very limited basis to do the investigation for you so you can be certain there is not a case against you. The SHOULD have provided you a bunch of paperwork when you were arrested,... Read more »

1 Answer | Asked in Domestic Violence for Georgia on
Q: cruelty to children in the 1st degree and 2 counts of simple battery

A freind of mine got these charges and he is already on probation. He got bonded out but now probation has a warrant on him for violation. And it was all a big misunderstanding the wife and child said that my freind didnt do anything, but the police put him in jail anyways. The wife did not press... Read more »

Joshua Schiffer
Joshua Schiffer answered on Oct 28, 2020

They need a lawyer to intervene and directly approach the PO. ANY arrest is basically grounds for a revocation, so this needs to be immediately mitigated by a lawyer who can hopefully slow or stop the process. The State has deep discretion in how to deal with these issues as once you are... Read more »

1 Answer | Asked in Libel & Slander, Criminal Law and Domestic Violence for Georgia on
Q: Is harrassment via phone, text, and in person of a person who is legally blind And an above knew amputee, confined to

Aawheelchair a criminal offense? The behavior includes threats of bodily harm, threats of death, telling the person that they are completely worthless and degrading them with vile language and unkind remarks about their disability, and physical appearance, making false allegations to authorities... Read more »

Joshua Schiffer
Joshua Schiffer answered on Oct 26, 2020

The first step is to contact the local law enforcement authorities as well as the appropriate government agency advising and protecting our elderly and differently abled, such as the Georgia Division of Aging Services. There may be multiple vectors of abuse here, and they need assistance... Read more »

1 Answer | Asked in Domestic Violence for Georgia on
Q: How can I get info on domestic violence survivor how can I get free illegal aid on my rights
Joshua Schiffer
Joshua Schiffer answered on Oct 24, 2020

Would you please give your question a once over so the community can assist? Domestic Violence victims have many resources available to them, it a matter of identifying what the scope, nature and impact of the abuse is, and then we can guide you. At a minimum you need to ensure your physical... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Can I sue a county for favoritizm towards male or female indictments
Joshua Schiffer
Joshua Schiffer answered on Oct 28, 2020

Almost certainly not. That is unless there is some sort of "Smoking Gun" evidence of specific intent.

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