Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Joshua Schiffer
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 »

View More Answers

1 Answer | Asked in Domestic Violence for Georgia on
Q: I have a tpo against my husband. He's stolen my car that I've been in possession of since order was made. Options?
Joshua Schiffer
Joshua Schiffer answered on Oct 18, 2019

Call the police as that is a clear violation of most standard TPO forms. If the Police will not help, a lawyer can assist by filing a contempt.

Act QUICKLY, and be safe!

Good Luck!

Josh

3 Answers | Asked in Criminal Law for Georgia on
Q: In ga what is the sentence for criminal tresspass

In ga what is the sentence for obstruction of a police officer

Joshua Schiffer
Joshua Schiffer answered on Oct 17, 2019

Standard Misdemeanor, so 1 year and a 1K fine. Unless it is Felony Obstruction, and that gets a bit more sporty, as my colleague sets forth.

Standing alone they are BS charges half the time and the Prosecution knows it.

View More Answers

2 Answers | Asked in Criminal Law for Georgia on
Q: If you get charged with entering auto and the person drop the charge, Is it a way to beat it ?

The man who car it is dropped the charge but state wanna pick it up because it’s not his first time catching the charge but he gone tell them he mistaken it for his sister car because he stay right next to her in some apartments . If just wanna know if it’s a way to beat it or get it dropped or... Read more »

Joshua Schiffer
Joshua Schiffer answered on Oct 15, 2019

A good lawyer will present the facts to the State in a manner that will make it harder for the Prosecution to carry their burden of "guilty beyond a reasonable doubt."

It CAN be done Pro Se (without a lawyer), but that would involve substantial assumption of risk for the defendant. A...
Read more »

View More Answers

1 Answer | Asked in Domestic Violence for Georgia on
Q: How can I get charges dropped on a domestic violence case

Me and my boyfriend have been together for over a year now and have a daughter together we recently got in a heated argument and things got out of hand and he ended up slapping me and some of the neighbors and kids outside saw and called the police I don’t want to press charges I believe we can... Read more »

Joshua Schiffer
Joshua Schiffer answered on Oct 15, 2019

The State controls the charging decision, not the victim, so you can make your feelings known however you do not get to "choose" what the State does.

If you want to help him, get him a lawyer who can plan a defense using your cooperation that is efficient and effective.

A good...
Read more »

2 Answers | Asked in Criminal Law for Georgia on
Q: What is the outcome if the defendant pleads guilty,or not guilty to three counts of terroristic threats and acts

And one count of family violence??

Joshua Schiffer
Joshua Schiffer answered on Oct 14, 2019

Well, there is a huge range. Lots of factors involved including prior issues, mental health, substance, the relationship, ability to commit a violent act, etc etc.

Judges take their time with these cases as issues like these lead to headlines in the newspaper. I have seen everything from...
Read more »

View More Answers

2 Answers | Asked in Criminal Law and Traffic Tickets for Georgia on
Q: Could my First Offenders Treatment and/or probation be revoked for reckless driving + maximum limits?

I was sentenced under the first offenders act a few years ago and was more recently arrested for maximum limits + reckless driving (first offense). Is it likely I could have my probation and First Offenders revoked?

Joshua Schiffer
Joshua Schiffer answered on Oct 14, 2019

Absolutely yes. That is a substantive offense and you need a top local lawyer who know your judges to assist. ASAP

While it is unlikely they will hammer you, it is possible. A judge I used to go in front of all the time loved revoking First Offender as a "message" to folks. Its BS. You...
Read more »

View More Answers

1 Answer | Asked in Criminal Law for Georgia on
Q: I have 2 counts of transaction card fraud for the amount of $15.

Will I have to go to jail? I was already in jail for 31 days before being bonded out. This is also my first time being in trouble. I just received an letter for arrangement later this month.

Joshua Schiffer
Joshua Schiffer answered on Oct 13, 2019

I am willing to bet you are in good shape jail wise, but you never know. Some jurisdictions have been ramping up financial Transaction Card Theft prosecutions due to public frustration.

More importantly you may want someone to work with you regarding alternatives to "pleading guilty."...
Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: I was recently charged with simple battery and public drunk. This is a first time offense. Where do I go from here?

Hello,

I need advice on a rather unfortunate situation that I got into recently. I had too much to drink prior to visiting six flags. Upon arrival, they asked that a ticket be presented. Though I have a season pass (so I could basically get in at anytime), I did not produce a ticket and a... Read more »

Joshua Schiffer
Joshua Schiffer answered on Oct 12, 2019

Cobb is pretty easy and you should be fine. It will help you to get a lawyer to smooth the path. You can DIY this, but a lawyer will make it a lot easier and less scary. Lots of local lawyers will charge you between 1-5K for a case such as this. We do them all the time .

1 Answer | Asked in Criminal Law for Georgia on
Q: Prison sentence was revised to PDC sentence. Should I get credit for time served on prison sentence
Joshua Schiffer
Joshua Schiffer answered on Oct 11, 2019

You should get credit for every day you spend incarcerated on a particular matter. The clerks office and DOC struggle with the math sometimes as it gets vey complex. You may want to get a lawyer to review if there are issues, as generally a motion can correct any errors.

With Warmest...
Read more »

2 Answers | Asked in Criminal Law for Georgia on
Q: How far back can they go on prior felony convictions to sentence you as a recidivist
Joshua Schiffer
Joshua Schiffer answered on Oct 10, 2019

All the way. Pretty much forever.

When considering how to treat cases the State can even use issues that have been hidden on your public criminal record.

It is VERY important if you are dealing with a recidivist issue to have your lawyer thoroughly sift through the evidence the...
Read more »

View More Answers

1 Answer | Asked in Criminal Law for Georgia on
Q: If I'm charged with kidnapping with bodily injury how sufficient evidence is a few stratches?

I was charged with kidnapping with bodily injury and sentence to life in prison w/parole for the victim have a couple of bruises and one small cut.

Joshua Schiffer
Joshua Schiffer answered on Oct 8, 2019

Waaaayyy to much to unpack. This is a very serious charge and you do not "need" catastrophic injuries for what you are facing. You MUST get a lawyer if you can afford one. The State can make a mountain out of a molehill and with what you are facing it is going to be the fight of your life.... Read more »

2 Answers | Asked in Criminal Law for Georgia on
Q: My brother got arrested at a McDonald's parking lot he was taken back to his house because the residence was being

Raided was it legal for an officer to drive his vehicle back to his residence without his consent

Joshua Schiffer
Joshua Schiffer answered on Oct 8, 2019

Its rare that an officer would take possession of a suspect vehicle and operate it. Not unheard of, but certainly rare as it is NOT in the SOP of the agency.

How evidence is treated is an issue for trial and motions. He needs a lawyer for any charges connected to the raid, and how the...
Read more »

View More Answers

2 Answers | Asked in Criminal Law for Georgia on
Q: What is a pre-warrant hearing
Joshua Schiffer
Joshua Schiffer answered on Oct 6, 2019

It sounds like a warrant application hearing. In Georgia anyone can swear out a warrant application in magistrate court, and a hearing is convened within 30 days. At that hearing the person who brought the warrant has to establish probable cause to a judge that one or more crimes has been... Read more »

View More Answers

1 Answer | Asked in Criminal Law for Georgia on
Q: detainee 2065625, has Battery charge & now ICE hold. She has a son, age 2months-What are her chances of getting out
Joshua Schiffer
Joshua Schiffer answered on Oct 5, 2019

All depends on which judge she draws, where she is held, what got filed on her behalf, etc etc. She should have an advocate assigned. YOur other option is to find a private immigration lawyer to address her individually.

-Josh

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: What charges is my mom facing for stealing money from her employer?

My mom was arrested for stealing money from her job. It was in the thousands, not exact amount. She turned herself in and it's her first offense. Is she going to have to serve time?

Joshua Schiffer
Joshua Schiffer answered on Oct 5, 2019

All depends. White collar crimes are an odd duck. Some local jurisdictions go whole hog on them and go for broke, others are a guaranteed "probation and restitution." The facts surrounding the theft matter heavily. So does the method of theft.

Holler at me if we can be of assistance....
Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: I live an apartment and the lease is in my husband's name. He moved out 9/11/19 & changed his address. He's stalking me

By sleeping in the parking lot to watch who goes and comes from my house, he's video recording me, texting and calling when I have asked him not to, knocking on my bedroom window early in the mornings. Can he be charged with stalking even though the lease is in his name?

Joshua Schiffer
Joshua Schiffer answered on Oct 4, 2019

Yes. You can be charged with stalking a whole bunch of different ways. Even if you’re still married you can be charged with stalking. You need to talk to a detective in your local jurisdiction as well as some resources for family violence and domestic violence victims. You have a lot of options.... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: What is ( Time Standard Trigger)

My husband filed a extraordinary motion for a new trial. He was denied given reason time standard trigger.

Joshua Schiffer
Joshua Schiffer answered on Oct 3, 2019

I think there may be some missing or mangled words in your post, and it appears your husband filed a motion that was denied.

The answer stinks because it costs money, and it is to hire a string post conviction attorney such as Leigh Ann Webster or Adam Hames.

Good luck! Those are...
Read more »

2 Answers | Asked in Criminal Law for Georgia on
Q: My sister got arrested foe SHOPLIFTING at Wal-Mart. She hasn't been in trouble for over at least 25 yrs or more..

I got her out on a 1094.00 bond last night.

Will she get jail time or a fine &probation. She don't have any charges on her record of shoplifting. Years ago she had a dwi that is all that is on her record..

If you could please let me know thank you

Joshua Schiffer
Joshua Schiffer answered on Oct 3, 2019

All depends on a lot of facts and context. The jurisdiction matters as well. Most times a shoplifting is minor, but they get REALLY serious at times, especially if she has a job where trust is involved as shoplifting is a crime of moral turpitude. Best bet is to get a local lawyer to assist.... Read more »

View More Answers

1 Answer | Asked in Criminal Law for Georgia on
Q: Hello: They said I hit a stop sign and didn't report it. I think the official charge was, "striking a fixed object".

I did not do this. I plead nolo comprende. Does that mean it shows on my record as a misdemeanor or felony?

Also I'm worried that is showing as a felony because I applied for a job with Uber 2 years later and that came up on my background check. Yet Georgia passed a law a few years ago... Read more »

Joshua Schiffer
Joshua Schiffer answered on Oct 3, 2019

Striking a fixed object is NOT a felony. It may not have even been reported. Pull a copy of your Drivers Record from https://dds.georgia.gov/ and it will show exactly what was recorded. I do not see this single incident precluding you working as a livery driver/Uber/Lyft etc.

Good Luck!...
Read more »

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.