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Questions Answered by Joshua Schiffer
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...
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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 analysis.... 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.

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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 of Justia....
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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.

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2 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 BECAUSE IT IS EASY!!...
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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 being... 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 encourage... 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. Lots... Read more »

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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.

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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

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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.

1 Answer | Asked in Criminal Law for Georgia on
Q: I was recently stopped in my vehicle and the cops claimed they smelled marijuana in vehicle. Do they have right to searc

It was my moms car and I know there has never been any marijuana in the vehicle. Along with that they made me and my girlfriend sit in their car after I said I do not want . They also never asked me if they could search the vehicle and they also open the trunk without permission. They also never... Read more »

Joshua Schiffer
Joshua Schiffer answered on Oct 21, 2019

Violations of your 4th amendment protections against search and seizure are what you are referring too, and you need to fight that in court when you reach the motions stage. A lawyer will be invaluable as motions practice gets complex quickly and a good local criminal defense lawyer will assist... Read more »

3 Answers | Asked in Criminal Law for Georgia on
Q: I am being charged with disrupting a public school bus and i have a bond for $1000
Joshua Schiffer
Joshua Schiffer answered on Oct 21, 2019

That can be an oddly serious charge, and you will benefit from having local counsel navigate this for you. I can see a judge or prosecutor taking a very hard look at this, since it is a rare issue and it involves kids. You want a LOCAL lawyer, not someone from out of town.

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2 Answers | Asked in Domestic Violence for Georgia on
Q: I have a tpo against husband. He stole my car. Can I report as stolen? Or is this just a violation of tpo?
Joshua Schiffer
Joshua Schiffer answered on Oct 19, 2019

Both. He may have a defense to the theft, but I imagine the police are going to want to hear all about that from him. A part of TPO's is not doing anything to prevent the petitioner from leaving/traveling/etc. Appears to be a valid path to me.

Good Luck!

Josh...
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2 Answers | Asked in Criminal Law for Georgia on
Q: I if burglarized stores no intended for dewling or no one stay there can I be charged with first degree burglary
Joshua Schiffer
Joshua Schiffer answered on Oct 19, 2019

They can CHARGE you with tons of stuff.... What they can prove beyond a reasonable doubt is another issue entirely.

Sorry for the smug answer, however the State has broad discretion in bringing charges (grand juries indict everything) and they almost always overcharge.

You will...
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1 Answer | Asked in Criminal Law and Gov & Administrative Law for Georgia on
Q: Can a Drug Court Counselor who has engaged in romantic relationship with numerous court participants be prosecuted

Drug Court participants were assigned to this female counselor/case manager to supervise participants and provide them with counseling services. She actively pursued romantic and sexual relationships with three (identified) male drug court participants. Counselor also invited female drug court... Read more »

Joshua Schiffer
Joshua Schiffer answered on Oct 19, 2019

There are a multitude of potential claims that could be explored here, all depending on the employment status of the individual as well as the obligations and duties of the Counselor.

The Damages would be an interesting project, as would be how liability is assigned. The state has a...
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3 Answers | Asked in Criminal Law, Probate and Estate Planning for Georgia on
Q: My father was sworn in as Executor to my Grandfather’s Estate, and Georgia Probate Court suspended and then revoked him

as Executor, and embezzled the estate assets into my sisters company,

Joshua Schiffer
Joshua Schiffer answered on Oct 19, 2019

I agree with my colleague below in that this is quite an issue to unpack and work on. You need a local lawyer familiar with your probate court as the remedies used in this matter are on the far end of the spectrum and they had better have been justified. So there is more to this issues that... Read more »

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