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Questions Answered by Joshua Schiffer
1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Chances of Jail Time vs. Probation.

Husband was arrested for aggravated assault/family violence x 4 and Child Cruelty 1st degree x 2 in Georgia. He's 33 and has a small record when it comes to violence. His record was expunged, but i know they can still access those charges. He was arrested for Battery 5 years ago and has a... View More

Joshua Schiffer
Joshua Schiffer
answered on Sep 25, 2023

A lawyer with mitigation experience and an understanding of DV is going to be able to tell that story well, and that is the key to obtaining the best results. He also has defenses regarding you, his wife, that need to be explored as the State is not going to take it easy on anyone with a prior... View More

1 Answer | Asked in Domestic Violence and Criminal Law for Georgia on
Q: Is there any hope to get a domestic dispute case dismissed if I’ve been charged of battery?

My fiancé and I got into a domestic dispute and they arrested me and charged me with battery and put an order of protection in place both of us are ignorant on the law and want the case dismissed we shouldn’t have called the police they just made our already extremely stressful lives so much... View More

Joshua Schiffer
Joshua Schiffer
answered on Sep 24, 2023

This is a regular and routine issue. The State insists on taking actions against a couple over objection and without having full context.

They are trying to fulfill their mandate of protecting but as is so often the case the Government is not fully appraised of the situation.

Bite...
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1 Answer | Asked in Domestic Violence and Criminal Law for Georgia on
Q: Can magistrate judge grant bail for bail restricted offense without requiring offender to appear in front of the judge?

Can schedule of bonds be used to grant bail for restricted offense? Also, does a judge HAVE to place special conditions in place to protect crime victim? Or is that just a recommendation/suggestion?

Joshua Schiffer
Joshua Schiffer
answered on Sep 20, 2023

Lots of possibilities, and the answer is Yes. But it ALL Depends on the actual judge involved as that judge can make their own policies regarding what they feel is best when it comes to this issue. Many judges do not trust the sheriffs to pass along info or other notices to defendants, so they... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Can a victim sue the DA if they failed to indict a violent criminal within the 90 day period and they posted bail?
Joshua Schiffer
Joshua Schiffer
answered on Sep 20, 2023

Prosecutors have immunity for basically everything they do in most states, as long as it is somewhat associated with their job. It is a blank check, in my opinion, and I have as many folks asking how to FORCE the state to charge someone as I do folks wanting the State to Dismiss something.... View More

1 Answer | Asked in Domestic Violence and Criminal Law for Georgia on
Q: How can I get an inmate a bond in fannin co ga?

My fiance is locked up in fannin county jail. They will not give him a bond

Joshua Schiffer
Joshua Schiffer
answered on Sep 5, 2023

It appears he has been in for a mintue, and that causes problems as he needs to get in front of the right judge with the right "stuff" having happened in the background. He is due a bond at 90 days if he has not been inicted yet, and if he is indicted he should file with the trial court... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: GA Code § 17-6-1 f(2) How did someone charged with FV bond out without appearing in front of judge? No stipulations?

Convicted of FV Battery 2016

Charged FV Battery 2018- bonded out without appearing in front of superior court judge, no orders put in place to protect victim

Charged FV Simple Battery 2021- same instance as 2018.

(All same victim)

The offender is also on felony... View More

Joshua Schiffer
Joshua Schiffer
answered on Aug 31, 2023

I would love the answer to make sense, but it wont.

Bonding procedures in Georgia are downright arbitrary, and it seems that the most innocent folks are always being overdetained while the bad folks get cut loose without a care in the world. Its infuriating!!

Have you or the...
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1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Domestic Violence for Georgia on
Q: Does my cousin have a chance of having a judge lessen his sentence if he has been diagnosed with cancer?

His major defense is kidnapping but he has served 12 yrs and his max out is in 2072! I don’t think he deserves that much time and to die in prison! Is there anything I can do to help him get his sentence reduced?

Joshua Schiffer
Joshua Schiffer
answered on Aug 13, 2023

Compassionate Release is the pathway you are looking for, and there are several fine appellate practitioners who can assist. Spend some time on a search engine researching the best advocates and I encourage you to speak with several of them. Post Conviction work is very speculative, but is likely... View More

2 Answers | Asked in Divorce, Child Custody, Domestic Violence and Family Law for Georgia on
Q: What to do if my sister is in an abusive marriage but he won’t let her leave the house with her 1st baby (1 yr old).

She is pregnant with a 2nd child and he abuses her emotion and possibly physically. The police won’t help but I fear for her safety. He is illegally here in the states with a fake birthday and fake verification. But he won’t let her take her baby out the house. I’m just a relative and I want... View More

Joshua Schiffer
Joshua Schiffer
answered on Aug 13, 2023

Law enforcement remains the most clear remedy for her danger, and if a child is involved then Law Enforcement may need additional advocacy in order to understand the specific dangers involved. DFCS and other agencies may assist family and concerned citizens when a child is being exposed to... View More

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1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: My daughter has lied on me I was locked up 12 days got bond out by her boyfriend whom hit me in my face 4 times and he w

He also is tbe one whom put marks on my daughter she has turned in me saying I did it now I gave a trial in a week no lawyer I fired him due to confluct if interest

Joshua Schiffer
Joshua Schiffer
answered on Aug 9, 2023

Unfortunately you are going to need to find a lawyer as soon as possible as that is the best way to ensure your rights are preserved. Was the lawyer you fired a Public Defender? If not you can try to apply for counsel from the court but if you fired them it gets a bit harder. DO NOT expect the... View More

1 Answer | Asked in Domestic Violence, Family Law, Criminal Law and Divorce for Georgia on
Q: 16-5-23 Was charged for simple battery -family violence 16-7-23 damage 2nd private property

I don’t understand how it’s saying private property when I was living at the home with my husband?

Joshua Schiffer
Joshua Schiffer
answered on Aug 8, 2023

The property involved was owned by and individual and not the State, that is what they mean.

Basically whatever was allegedly damages was someones possession and not a cop car or other publicly owned property.

I am betting a cell phone or something in the house was allegedly...
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2 Answers | Asked in Family Law and Domestic Violence for Georgia on
Q: I believe my ex may have gotten a TPO but I haven’t been served. Can I be arrested for calling her if I didn’t know

I was unaware of the TPO but the sherif showed up at my home while I was at work and apparently had riot shields and guns drawn which seems like a lot to just serve a TPO. They didn’t enter my home or leave any paperwork.

Joshua Schiffer
Joshua Schiffer
answered on Aug 7, 2023

I tend to agree with my colleague above. If there is a question as whether someone tried to use State Power to control your behavior, I stay away.

Fighting service is generally not a great idea, although if they do not serve you within a period of time the application can become stale and...
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2 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Can I get a warrant dropped for harassing communications if I've spent weeks with the person that filed it

An ex-girlfriend is a lawyer and she had filed a police report for harassing communications against me which resulted in a warrant for my arrest period since the warrant was issued I've spent a few weeks with the ex-girlfriend. Is there a grounds to get the warrant dropped?

Joshua Schiffer
Joshua Schiffer
answered on Jul 11, 2023

Sadly the above answer is spot on, as the State determines all charging decisions. The complainant CAN deeply influence the process, and can downright spoil the states intentions if they want, but the actual charging decision is theirs.

An affidavit may help but be careful. The State is...
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1 Answer | Asked in Municipal Law for Georgia on
Q: Is there a form I must file in order to request that a municipal court transfer citations to a higher court
Joshua Schiffer
Joshua Schiffer
answered on May 5, 2023

Only SOME cases in muni court can be transferred to a State or Superior Court. It depends on the charge as well as how the state choose to charge it.

DUI and more substantive crimes almost always can be bound over to a trial court, you just need to file a Jury Demand or a motion to bind...
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1 Answer | Asked in Criminal Law, Domestic Violence and Health Care Law for Georgia on
Q: Boyfriend was charged with aggravated assault (Im the victim) Is there any way the charges can be dropped?

Got into a disagreement with my boyfriend which led to a heated argument. I was struck in the head. I called the police and he was charged with aggravated assault - family violence. I'm looking to drop the charges. I understand this is at the DA's discretion. I looked into affidavit for... View More

Joshua Schiffer
Joshua Schiffer
answered on May 5, 2023

This is my core practice area, and he needs a strong lawyer at a minimum. You may benefit from independent counsel as well, since the State can be very aggressive leaning on alleged victims during the case.

ANYTHING you say to the State can get twisted and turned around, so be VERY...
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2 Answers | Asked in Civil Litigation, Civil Rights and Domestic Violence for Georgia on
Q: Can you be charged with contempt for violating an ex-parte protective order that has been replaced with a TPO?

At the TPO hearing the ex-parte protective order is supposed to have expired.

3 months later, the plaintiff decides they want to claim contempt for violating the ex-parte protective order, not the TPO. is this legal?

Joshua Schiffer
Joshua Schiffer
answered on May 5, 2023

Procedurally that is not going to get very far. Any contempt issue should have been raised in the TPO hearing where the Ex Parte expired, and it would appear the TPO was not granted. So there is a mootness issue on top of everything else.

It would be a bit of a mess, and if the Court...
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2 Answers | Asked in Divorce, Family Law and Domestic Violence for Georgia on
Q: Is a spouses VA benefits off limits during a divorce?

Divorcing after 23 years due to repeated infidelity, domestic abuse. Spouse wants me to leave our rented home with an uncontested divorce. 3 grown kids, 2 still at home. Husband wants me to leave marriage with a few decorations, my cloths, and take on a car note in his name (car I have driven and... View More

Joshua Schiffer
Joshua Schiffer
answered on Apr 6, 2023

They are NOT off limits, and anytime you have a defined benefit issue during a divorce you need to be sure you are addressing it properly as once it becomes a mess, cleaning it up is an endless task.

Invest in a lawyer to walk you through this process, as the costs will escalate if you make...
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1 Answer | Asked in Domestic Violence for Georgia on
Q: I called the police about a domestic violence case and they issued a warrant for the spouses arrest but I no longer want
Joshua Schiffer
Joshua Schiffer
answered on Mar 22, 2023

BE VERY CAREFUL!!! Changing a statement and attempting to challenge or obstruct an investigation gets really challenging, and can expose you to consequences. You need to hire a LOCAL lawyer who knows the players, as your request is as much art as anything else.

The issue is that in many...
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1 Answer | Asked in Domestic Violence and Criminal Law for Georgia on
Q: How long does a person sit in the county jail without bond on a misdemeanor battery - family violence charge?
Joshua Schiffer
Joshua Schiffer
answered on Mar 2, 2023

In Georgia, you have a constitutional right to a bond on ALL misdemeanors. Full Stop.

No more than 72 hours should pass before a bond is set on ALL misdemeanors in GA, unless there is a hold for other reasons. This is a big deal. The bond can be HUGE, but the court MUST set one.

1 Answer | Asked in Domestic Violence for Georgia on
Q: I have a misdemeanor battery snd child endangerment. Do I not have rights in owning a gun?
Joshua Schiffer
Joshua Schiffer
answered on Feb 28, 2023

A misdemeanor conviction for Domestic Violence impacts your 2nd amendment rights and likely prohibits you from possessing any firearm.

You need to get a clear copy of your record and look into either changing the status of the charge retroactively or seek a pardon if there is a DV...
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1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: My ex boyfriend was charged with aggravated assault and family battery. I’m the victim. We have a lease on a house

Together and of course live together, we were working on our problems together to make it work. Well last Sunday he decided to put his hands on me again and was arrested. The judge denied bond since he was already on a bond for the first case going to trial still. So he sits in Henry county jail... View More

Joshua Schiffer
Joshua Schiffer
answered on Feb 7, 2023

Lots to unpack there, and you have a lot of influence over the process as much as the State is going to use their independent tools to determine what happens.

The local prosecutors should have a victim witness team to support and guide you, although remember they work for the prosecution...
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