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Questions Answered by Joshua Schiffer
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 »

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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

www.chancoschiffer.com

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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...
Read more »

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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...
Read more »

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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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.

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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...
Read more »

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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....
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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...
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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....
Read more »

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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...
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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...
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