Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Joshua Schiffer
1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: I was notified by text that a subpena was sent to me via USPS mail service. I haven't recieved it.

Legally do I have to go? It is dealing with probation revocation. I am being called as a witness.

Joshua Schiffer
Joshua Schiffer answered on Sep 9, 2020

That is almost certainly insufficient service. Ask your lawyer to look into the situation, as they will be able to evaluate the legitimacy of ANY service, as well as protect your rights.

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: My brother is a truck driver. He took his girl friend on the road with him & they got into an argument.

He mistakenly shot her and was locked up in Kentucky. He was arrested for attempted murder and tampering with evidence. My mother hired a lawyer in Kentucky that was able to get him released although they knew he had a case in Dekalb county. Someone from Dekalb was supposed to pick him up for the... Read more »

Joshua Schiffer
Joshua Schiffer answered on Sep 3, 2020

Get a different lawyer. That sounds like terrible customer service, and I think your loved one may be on a mental health hold which explains why she cannot talk with them.

She should wait a couple of days, continually reach out to the facility and get reliable information from the inmate....
Read more »

1 Answer | Asked in Criminal Law, Domestic Violence, Juvenile Law and Sexual Harassment for Georgia on
Q: A 37 year old is sending one of my 16 year old children lewd letters and calling them from jail.

I would like for this predator to stop talking to my child. What can I do?

Joshua Schiffer
Joshua Schiffer answered on Aug 28, 2020

Call The Warden at the jail and file a complaint. That should make quick work of it. They may also be able to charge them with a policy violation or even new charges, depending on the dynamic. Thank you for protecting your child.

3 Answers | Asked in Criminal Law for Georgia on
Q: I was charged with criminal attempt in 1975, I was 17, now 62, is this still on my records as a felony
Joshua Schiffer
Joshua Schiffer answered on Dec 22, 2019

Go down to the police or sheriffs office and ask for a copy of your record. Minimal fee and that will show whats out there. Lots of ways to manage the results, one way or another.

View More Answers

2 Answers | Asked in Criminal Law for Georgia on
Q: Can a person be charged for theif if they have a bill of sale that the other party signed
Joshua Schiffer
Joshua Schiffer answered on Dec 22, 2019

Can they, yes. Is it defensible, yes. There is always the possibility of being changed as charging someone is a unilateral decision of a state actor. How you respond is everything, as the State has the Burden of Proof to show you are guilty beyond a reasonable doubt.

Sounds like a...
Read more »

View More Answers

2 Answers | Asked in Criminal Law and Wrongful Death for Georgia on
Q: If the GA First Offender Act allows records to be immediately seal, why is the offender listed on Vinelink's website

The motion was filed and the records were sealed immediately. No records appear on any Georgia Department of Correction sites, etc. Is VineLink's (owned by Appriss) site violating the First Offender Act?

Joshua Schiffer
Joshua Schiffer answered on Dec 13, 2019

Allows is the key word. You have to move/motion to seal after the case is concluded (unless the sealing was arranged during the plea) to seal the records.

View More Answers

2 Answers | Asked in Criminal Law for Georgia on
Q: I have a charge thef by taken felony . Its my first time ever being in trouble. Also pleading.What’s a possible out come

Not guilty

Joshua Schiffer
Joshua Schiffer answered on Nov 16, 2019

Felony is 1-10, can be probated, commonly is on a first offense. You will be eligible for First Offender Treatment, which is a plus, and you may qualify for a diversion style program.

Get a good lawyer. You have NO RECORD and you should invest in keeping it that way.

Josh

ChancoSchiffer.com

View More Answers

1 Answer | Asked in Criminal Law for Georgia on
Q: If I told an attorney (and provided proof) his client suborned perjury, are both those communication protected

If I advised a criminal defense attorney (not my attorney) that, it appears his client suborned perjury and I provide him proof of the questionable communication, are those communications* protected by attorney client privilege?

.I realize my confidentiality would not be protected. I am... Read more »

Joshua Schiffer
Joshua Schiffer answered on Nov 13, 2019

Lawyers are allowed to use non-privileged communications as they see fit in their advocacy for their client. You reporting a "crime" their client may have previously committed would not necessarily force them to do anything, and how they use that information is up to their own ethical... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: How to show proof background is causing hardship?

To file my expungement in cobb i’ve been told i need proof my background is causing me not to get a job. But i’ve only been told verbally on the phone so how can i provide this documentation?

Joshua Schiffer
Joshua Schiffer answered on Nov 5, 2019

If you are denied a job and they pulled your background as part of the process they should provide you with a disclosure letter. That should suffice. Good luck!

Josh

ChancoSchiffer.com

1 Answer | Asked in Criminal Law for Georgia on
Q: Can I file a motion for retroactive first offenders without a lawyer in georgia?

shoplifting charge in february 2013 and sentencing was may 2013

Joshua Schiffer
Joshua Schiffer answered on Nov 5, 2019

You can, and if you are good at following directions and writing it is not too hard. The issue is getting the State on board. A lawyer really helps with that, as most lawyers have spent years building relationships with prosecutor's offices specifically to make things like this easier.... Read more »

2 Answers | Asked in Criminal Law for Georgia on
Q: what is the most likely result of a first time disorderly conduct I go to court in 2 days never been in trouble ever

I can’t stop worrying myself to death

Joshua Schiffer
Joshua Schiffer answered on Nov 5, 2019

Don't worry about this too much. It is likely very minor and you should ask the prosecutor if there is a Diversion program that will keep any bad marks off your record. They are really nice in Stone Mtn. Bad parking, good court.

View More Answers

1 Answer | Asked in Consumer Law for Georgia on
Q: Who actually owns the vehicle. State of Georgia, or the titled owner?

Online lawyer claims under commerce law, the state owns it n d title only grants use

Joshua Schiffer
Joshua Schiffer answered on Nov 4, 2019

Thats what you get with an "online lawyer." Title is proof of ownership however the title is also something that can be encumbered by a financial instrument.

Google "2010 Georgia Code TITLE 40 - MOTOR VEHICLES AND TRAFFIC CHAPTER 3" and you will find all the law care...
Read more »

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.

View More Answers

3 Answers | Asked in Criminal Law for Georgia on
Q: Realized I had an item in my hand before reaching store exit. Turned around to go pay. Loss Prevention had me arrested.

Since I had no intention of taking the $9 item, and never tried to leave the store with it, how could it be shoplifting?

Joshua Schiffer
Joshua Schiffer answered on Nov 2, 2019

You need to go to court and fight. There is an "intent" or "Mens Rea" isue that defends you and the State will likely not want to waste resources fighting if you push back. A LOCAL lawyer will certainly assist you in getting this disposed of.

DO NOT JUST TAKE A PLEA...
Read more »

View More Answers

1 Answer | Asked in Criminal Law for Georgia on
Q: Plea hearing scheduled but no plea has been offered?!

I have been indicted by the state of GA on charges from 3 years ago. I have had 1 court date which I didn't have to attend, and I now have another one scheduled for the 12th of November, my plea hearing. My public defender has not discussed any type of plea with me, has not told me what is... Read more »

Joshua Schiffer
Joshua Schiffer answered on Oct 31, 2019

All depends on the Public Defender and that Court, unfortunately. PD's are so overworked and carry ridiculous caseloads, so there is only so much they can do. Some DA's offices are terrible with issues such as advanced communications, and rely on the extreme pressure folks are under to... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: I was charged with driving on suspended license in September 2018. I found out my license actually expired inmay18

What are my options

Joshua Schiffer
Joshua Schiffer answered on Oct 29, 2019

Pretty easy issue. Get the license renewed and go talk with the prosecutor. These are commonly called "fit it" tickets as you can show that you "fixed" the issue the state often dismisses it.

Suspended license CAN be a big deal, so DO NOT PLEAD TO ANYTHING without you understanding.

2 Answers | Asked in Criminal Law for Georgia on
Q: Thank you Justia. How will a misdemeanor trespassing* effect my acceptance status within private or public organization

Has my profile as a citizen appeared as damaged or untrustworthy due to a misdemeanor criminal tresspass charge?

Joshua Schiffer
Joshua Schiffer answered on Oct 27, 2019

It depends. Was it a municipal ordinance or a state charge? What is your status currently? How was the case disposed of? There are 5 ways to commit criminal trespass and the Federal Law does not match up with the State's terminology. Then there is what the policy of the organization is.... Read more »

View More Answers

2 Answers | Asked in Bankruptcy, Contracts, Criminal Law and Employment Law for Georgia on
Q: What limitations follow certain charges? What is a contributing factor in background check limitations?

This is my only offense; therefore, what will my limitations amount to after a background check?

Joshua Schiffer
Joshua Schiffer answered on Oct 27, 2019

Could you be a bit more clear with your question? There are multiple kinds fo background checks, private as well as public, and they can have a wide variety of scopes. Some dive really deep using a lot of power, some are very cursory.

View More Answers

3 Answers | Asked in Criminal Law for Georgia on
Q: If cop lies to grand jury to secure indictment, and statement is a lie and I can prove it, can I Attack statement?

Cop lied to grand jury by stating that I ‘absconded’ But at the time I was not under arrest nor did I run, I turn myself in,I am not on probation or parole, so what was I absconding from?

Joshua Schiffer
Joshua Schiffer answered on Oct 22, 2019

Any statements to a Grand Jury are then re-litigate during the case. You will have your opportunity to impeach then.

Good luck and fight hard!

Josh

ChancoSchiffer.com

View More Answers

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Georgia on
Q: Can a city employee (not a police officer) order me to move from public property on which my vehicle is legally parked?

Said employee did not identify himself, Did not say why I had to move my vehicle and could not name the ordinance or statute or law I was violating.

Joshua Schiffer
Joshua Schiffer answered on Oct 22, 2019

All depends on their role at the time. Lot of agency employees have authority that does not come with a badge. Generally best practice is to inquire before disputing.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.