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Questions Answered by Joshua Schiffer
1 Answer | Asked in Domestic Violence for Georgia on
Q: What happens if a temporary restraining order is taken out, but not served on the defendant before the court date?
Joshua Schiffer
Joshua Schiffer answered on Sep 21, 2021

Generally the court will allow continued attempts at service until the ex parte expires. It may be a good idea to pay a skip tracer to serve the person if the sheriff is running into issues.

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Would't this be a simple way of saying the child was stolen by father and he has paid some very powerful people?
Joshua Schiffer
Joshua Schiffer answered on Sep 20, 2021

I am sorry, but it appears some of your question was cut off. Please resubmit.

2 Answers | Asked in Domestic Violence for Georgia on
Q: What happens if a defendant doesn't show up for a restraining order hearing?
Joshua Schiffer
Joshua Schiffer answered on Sep 20, 2021

Almost always if the petitioner appears and a respondent who has been served does not, the court will issue an order in default granting the request.

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1 Answer | Asked in Criminal Law for Georgia on
Q: I got a 7 year old felony fleeing and eluding charge i got in Michigan im in Georgia and i want to own guns to hunt

And teach my kids how to protect them selfs i was 18 and just young and dumb

Joshua Schiffer
Joshua Schiffer answered on Aug 26, 2021

Reach out to Matt Kilgo, he does a lot of that kind of work. Tell him I sent you please.

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Georgia on
Q: Can I ask to see the evidence on my first court appearance?

The officer claims he found 6 roaches in my floor board, however I asked to see WHAT he found but he only explained WHERE he found them. I know for sure I vacuumed my vehicle out the previous day.

Joshua Schiffer
Joshua Schiffer answered on Aug 26, 2021

Not really as First Appearance is VERY limited in scope. You get to see the charges as presented to the court through the initial warrant or UTC. They check your criminal history, confirm some stuff, and can set a bond on many charges (not all). There is not a place for you to contest anything... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: I was arrested for criminal trespassing and am out on bond. I don't want to go back to jail, what is going to happen?

I broke the windshield of my exs car from the inside, I had my feet up on dash and was in pain due to a tooth infection, we were sitting in front of an urgent care. She was yelling in my ear and out of frustration and desperation I kicked the windshield without thought I had no intention of... Read more »

Joshua Schiffer
Joshua Schiffer answered on Aug 26, 2021

Good news is that if the putative vicim is cooperative and the restitution has been made, I bet most prosecutors will work this out. As long as you follow the rules of bond you should be in good shape. Dont hesitate to ask for the public defender if you want some guidance, as the State may be... Read more »

2 Answers | Asked in Criminal Law, Legal Malpractice and Municipal Law for Georgia on
Q: how much would it cost me if you got my dads case file?
Joshua Schiffer
Joshua Schiffer answered on Aug 26, 2021

I agree with Robbie, and that is a weirdly cryptic question. Call him, explain what you are asking and he will get you in the right direction.

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1 Answer | Asked in Criminal Law for Georgia on
Q: How can you beat this knowing that your innocent and what to do when they charge you two times with the came charge ?
Joshua Schiffer
Joshua Schiffer answered on Aug 17, 2021

Trial is the ultimate answer for wrongful allegations. If the State cannot carry their burden the jury is instructed to acquit. Most of the time the State will drop cases before trial unless they are certain they are gonna win. Get a LOCAL lawyer and they will walk you through how they handle... Read more »

1 Answer | Asked in Probate for Georgia on
Q: My P.O. drug screened me after the judge ruled that i would not have to submit to screening while on probation.

I am on probation for an accident with injures. The judge ruled that i may keep my 4th amendment.

Joshua Schiffer
Joshua Schiffer answered on Aug 17, 2021

IT comes down to the very specific facts of the plea, as probation officers often have the discretion to require screens even without a 4th Amendment waiver.

1 Answer | Asked in Real Estate Law for Georgia on
Q: Who's responsible for a dilapidated fence that surrounds my property?

A neighborhood borders my property and built a fence around us before our house was even built. Now that fence is falling apart. HOA says it's the neighbors or whoever's property its on is their responsibility. My Plat says "neigh wood fence" but there are places where the fence... Read more »

Joshua Schiffer
Joshua Schiffer answered on Aug 17, 2021

The owner of the land the fence is on has the obligations unless there are other agreements.

1 Answer | Asked in Uncategorized for Georgia on
Q: If I am a jailer and an inmates family sends me just enough money to cover getting said inmate something to eat

Is this violation of oath of office? No I ama not making any profit.

Joshua Schiffer
Joshua Schiffer answered on Aug 17, 2021

Almost certainly a violation of the law/your employment agreement, etc. Ask for guidance from HR for CYA. At least then if something happens you have coverage.

1 Answer | Asked in Legal Malpractice for Georgia on
Q: Do I have a case?

2yrs ago a lady ran a red light hitting my work van,a coworker recommended his long time childhood friend to represent me. One of his associates was my attorney, It went well at first-then she left the firm. So then I get this guy-anything he wants me to know/he doesn’t call( nor does he return... Read more »

Joshua Schiffer
Joshua Schiffer answered on Aug 17, 2021

Refuse the settlement, speak with the managing partner, and get to the bottom of it. You can also acquire a new attorn4y but there are a lot of factors to consider there. You can also contact the GA Bar for guidance, as a lot of "volume" personal injury lawyers violate the law and... Read more »

1 Answer | Asked in Nursing Home Abuse for Georgia on
Q: What percentage of the compensation will the team of lawyers receive in a nursing home wrongful death case?
Joshua Schiffer
Joshua Schiffer answered on Aug 17, 2021

Depends on the retainer. Industry averages are 1/3 to 50/50 depending on how it is all structured. Generally the Plaintiff owes nothing if there is no recovery.

2 Answers | Asked in Criminal Law and Constitutional Law for Georgia on
Q: I am wondering about 4th Amendment rights.

I was stopped for not having on my selt belt. The officer asked for my license which I gave him. He then went to his car and ran my license. It came back expired by one month. He asked if I knew about it I said no and he handed me back my license. He then when to another officer and was speaking to... Read more »

Joshua Schiffer
Joshua Schiffer answered on Aug 17, 2021

Sounds like a standard fishing expedition and you need to get a lawyer to file a motion to suppress.

The cops are allowed to intercept folks if they have probable cause that a crime is occurring (seat belt) and then commonly use that as an entry point for additional investigation. It is...
Read more »

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1 Answer | Asked in Civil Rights, Constitutional Law, Domestic Violence and Government Contracts for Georgia on
Q: The highschool won't allow my daughter in school

They kept her in room without lunch all day instead of going to class

Joshua Schiffer
Joshua Schiffer answered on Aug 17, 2021

There should be some sort of written reason offered by the school. You need to schedule a meeting with the administration and get to the bottom of the disparate treatment.

2 Answers | Asked in Domestic Violence and Criminal Law for Georgia on
Q: What is a typical bond set for first time offender of battery-FVA?
Joshua Schiffer
Joshua Schiffer answered on Aug 16, 2021

If the person has a clean record, generally a couple thousand. The Special Conditions are what really matter though, as courts generally default to the most "safe" option of "No Further Contact" with the putative victim. That is where the big problems start as it creates a... Read more »

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1 Answer | Asked in Traffic Tickets for Georgia on
Q: 102 on a 70 charge/penalty? Possible jail time?

I was close to my exit on the highway but i was on the left left lane so i sped up to pass because i couldnt get over. I was then pulled over because was going 102 on a 70. I am 19, this is basically my first ticket. What would the penalty or charge be? Do i need an attorney?

Joshua Schiffer
Joshua Schiffer answered on Jul 31, 2021

Since it is your first ticket you are going to get SOME leniency, but it is a bad one. I advise taking a drivers ed course PRIOR to appearing in court to show you took this really seriously.

With your age and the speed you are looking at a lot of discretion in the hands of the prosecutor,...
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1 Answer | Asked in Criminal Law and Animal / Dog Law for Georgia on
Q: Predator chased 2 horses, jumped fence ran into highway, killed, no injury , moderste auto damage what's my best options

Gates were locked. Fence made from approved height specs for horses. Added electric was up and secure across top food water hay available. Ran in front of car killed one injured euthanized other. No bodily injury to driver, moderate vehicle damage . Cited 2 counts of animal at large. Whitfield... Read more »

Joshua Schiffer
Joshua Schiffer answered on Jul 31, 2021

I advise working out restitution with the owner of the damaged property and then asking them to support you in requesting. dismissal of the charges. You appeared to act reasonably and accidents happen. At the same time there is strict liability in most animal ownership issues. I imagine,... Read more »

1 Answer | Asked in Uncategorized for Georgia on
Q: i have a guest staying on daily basis over 90 days, now stopped paying. police not helping, need togo through eviction ?

eviction notice served now guest refused to pay any things and said will go to the court. does this applies to daily paying guest? any law prohibits police to kick the guest?

Joshua Schiffer
Joshua Schiffer answered on Jul 31, 2021

Likely yes. Especially since they were compensating you for the space. Even without a formal lease they now have a legal interest in the residence that needs to be addressed prior to eviction.

Sorry!

1 Answer | Asked in Uncategorized for Georgia on
Q: Can my grandparents demand I pay them for hiring an attorney for my court case?

During the time of living under their roof at the age of 18, I required an attorney for something that I had done, it had been settled and after moving out of my own volition they have told me I have to pay them back for hiring the attorney when there were no agreements prior to me paying them... Read more »

Joshua Schiffer
Joshua Schiffer answered on Jul 31, 2021

It would be an odd case, but the facts would control. If there was no agreement then it would appear their hiring was a gift and it would be very difficult for them to recover. If there was some sort of agreement, the court would evaluate that agreement.

Both would likely be a waste of...
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