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Questions Answered by Joshua Schiffer
2 Answers | Asked in Domestic Violence for Georgia on
Q: Can a crime victim request new trial?

Victim in family violence case signed non prosecution paper due to intimidation. If 12 months has come and gone, and case was dismissed off of the dead docket can the victim request a new trial if they can prove intimidated/ continued abuse?

Joshua Schiffer
Joshua Schiffer
answered on Sep 11, 2023

It would be much more proper to make additional reports of the continued contact and abuse. That will then make the case against them stronger in combination with the prior bad acts.

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2 Answers | Asked in Child Custody and Domestic Violence for Georgia on
Q: Is there a way to find out if someone is still on probation?
Joshua Schiffer
Joshua Schiffer
answered on Aug 13, 2023

Additionally, the sentence is a public record and that will point you in the right direction when you are researching the current status of a sentence, which is also public record. It will take some digging, but you can find lots of stuff out.

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2 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Do I have to attend a calendar call, even though my lawyer won't be there?

My attorney's office told me I don't have to attend my calendar call because my attorney filed a conflict letter to the court, and will not be able to attend.

Joshua Schiffer
Joshua Schiffer
answered on Jun 14, 2023

The above answer is spot on, and you basically need to clarify more than anything else. Clarify explicitly with your attorney, in writing, that you are excused and it should be fine.

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1 Answer | Asked in Criminal Law for Georgia on
Q: Does it matter if junior is not on a warrant and other docs In A criminal accusation?
Joshua Schiffer
Joshua Schiffer
answered on May 11, 2023

Kind of yes, kind of no. There are requirements for accuracy in charging documents but in many other docs the accuracy is less important.

Hiring a good lawyer (locally) will help you navigate the specific issue.

1 Answer | Asked in Criminal Law for Georgia on
Q: Is there a website to look up active warrants
Joshua Schiffer
Joshua Schiffer
answered on May 5, 2023

Nope, that would make sense and be reasonable.

Some, and mean SOME, local agencies will do a courtesy check for you, but most want you to show up in person.

Some lawyers will check for you, but its harder every year and is very jurisdiction dependent.

1 Answer | Asked in Criminal Law for Georgia on
Q: Is This Ethical?

My fiancé was arrested in Dale County, AL on a bench warrant out of Muscogee County, GA. He was held in AL for 7 days before being transferred to GA where he has been for 7 days now as well. The judge hasn’t seen him or even scheduled a court date. He doesn’t have a bond. His initial charges... View More

Joshua Schiffer
Joshua Schiffer
answered on May 5, 2023

Sounds like you need second opinions. Should be easy to get. Choose someone LOCAL to where his GA case is, too many folks like to say they go all over but dont know a soul around. You need a local.

2 Answers | Asked in Uncategorized for Georgia on
Q: I took a left turn at 10 pm on a poorly lit road. I was hit by a driver without headlights on. Am I at fault?

We have witnesses and the police reports indicates the other driver is at fault. State farm is suggesting the liability is mine since it was a left turn, even though it was 10 pm. I am fighting for liability and have some injuries I would like settled.

Joshua Schiffer
Joshua Schiffer
answered on May 5, 2023

Get a lawyer (like me) and they will handle that as well as protect you from the trickery the insurance companies depend on to boost profits. They KEEP the money they dont pay for claims, and are known to take advantage of folks who DIY their cases. There is a reason lawyers are paid well, it is... View More

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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: I have been in a hotel for two years and I receive mail.what are my rights?

I haven't paid in three weeks

Joshua Schiffer
Joshua Schiffer
answered on May 5, 2023

In Georgia, thanks to a recent decision and about to change due to new laws, you are a resident the same as if you have a lease.

This is a particularly sticky issue right now, so best to get a lawyer involved as they may have some strong remedies for you. Mike Dunham in Cobb County is who...
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1 Answer | Asked in Criminal Law for Georgia on
Q: what is the time limit for misdemeanors in Ga bad checks from 1997
Joshua Schiffer
Joshua Schiffer
answered on May 5, 2023

Depends on the amount and what due process occurred back then, as there could be valid warrants, etc, from that time period.

The inability of the State to proceed is the better defense. That evidence would be hard to support most likely.

2 Answers | Asked in Domestic Violence, Family Law and Criminal Law for Georgia on
Q: If I have a restraining order against my son for family violence, can I remove him from the deed of my house?

My husband and I purchased a home and was manipulated into adding my son and his children's mother to our deed. The agreement was for them to pay half of the mortgage. After adding them the the deed we have received no money for the mortgage nor bills. However, I have been abused mentally,... View More

Joshua Schiffer
Joshua Schiffer
answered on Mar 9, 2023

Regina is correct and you are going to want to retain counsel to assist you in establishing the rights you want while also mitigating the affect your Son can have on the real property.

You want to find a Family Law attorney with Real Property experience, as this is a bit more complex than...
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1 Answer | Asked in Domestic Violence and Family Law for Georgia on
Q: BATTERY FAMILY VIOLENCE, LEGITIMITATION, GUARDIANSHIP

THANK YOU FOR YOUR TIME. I'M GOING THROUGH A CASE FOR BATTERY FAMILY VIOLENCE THAT MY KIDS MOTHER REPORT ON ME. WE HAVEN'T BEEN TOGETHER FOR 5 YEARS NOW BUT SHE STILL LIVES IN MY HOUSE SINCE I'VE BEEN TRYING TO KEEP MY KIDS CLOSE TO HER THE MORE THAT I CAN. THIS PERSON HAS MEDICAL... View More

Joshua Schiffer
Joshua Schiffer
answered on Dec 31, 2022

My FIRM advice is to hire a local attorney who practices both basic criminal defense as well a Family law. The issues are combined and the right work on the Family Law case will profoundly benefit your criminal matter. It is also a great wedge against her to force her to be more responsible. You... View More

1 Answer | Asked in Domestic Violence and Family Law for Georgia on
Q: What authority do I have to petition for an arrest warrant for my Grandsons stepfather who is physically abusing him
Joshua Schiffer
Joshua Schiffer
answered on Oct 6, 2022

There are three relatively easy pathways

1. Call the local police and make a report. Officers are mandatory reporters with violence against children and will have to take notice

2. Call your local DFCS branch and do the same. They WILL take action

3. you can always apply...
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1 Answer | Asked in Adoption and Domestic Violence for Georgia on
Q: what is code 19-7-42 mean when officers get called out to a residents house for a domestic dispute but its against a 19

year kid that isnt even your kid but you wasnt threatening him/her or putting your hands on anyone but yet you was arrested supposedly for a probation violation?

Joshua Schiffer
Joshua Schiffer
answered on Sep 9, 2022

Pretty sure that is some sort of local code, as the OCGA for that number is a venue issue. Without more info it is hard to say.

When officers are dispatched to a DV there are a lot of issues in play, and their primary goals are going to be securing the safety of everyone followed by...
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1 Answer | Asked in Domestic Violence, Criminal Law and Family Law for Georgia on
Q: What if the victim doesn't want a protective order ior if yall married with kids
Joshua Schiffer
Joshua Schiffer
answered on Sep 4, 2022

Lots to unpack there. It "all depends" on the situation and facts, as a TPO is different from a criminal charge and the bond from a criminal charge operates differently than a TPO.

Marriage adds more complications and a step back to gather your thoughts and get some guidance from...
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1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: How is "Primary aggressor" defined by law
Joshua Schiffer
Joshua Schiffer
answered on Sep 2, 2022

As it sounds and from the perspective of the report maker, generally the police officer investigating the incident. It is not a conclusive finding in an investigation, and primary aggressor is most important when determining who is going to be arrested and then during the prosecution it becomes... View More

1 Answer | Asked in Family Law, Domestic Violence and Military Law for Georgia on
Q: I called the police on my boyfriend out of fear of what he would do to me and my daughter. now I don’t want him in jail

He may get 3-5 years but I only wanted space. Can I write an affidavit to keep him out of jail. They said the state is prosecuting him. Can his ptsd from the military help him?

Joshua Schiffer
Joshua Schiffer
answered on Aug 22, 2022

You are facing a super hard issue and the world is not very understanding.

The main issue is that no one should be in fear, especially children, at home. And a call to police is undeniable that you were scared, so the state is going to take a position that the call was valid and therefore...
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1 Answer | Asked in Domestic Violence for Georgia on
Q: Hi so I’m a victim in a domestic violence case, the DA, victims advocate and investigator came to my house but I didnt

Speak to them. If I don’t speak to them and show facts will that affect the case and he also has a revocation hearing coming up, they want me to show up to tell what all happened. If I don’t show up will they dismiss the bond revoke case and let him free

Joshua Schiffer
Joshua Schiffer
answered on Aug 1, 2022

Unfortunately no, and the "Victim Witness" is one of the most difficult folks to interact with if you are involved with a DV case. They work for the State and against the defendants penal interests. Regardless of whether you work with them, they are working for the Prosecution and that... View More

1 Answer | Asked in Domestic Violence for Georgia on
Q: I pleaded guilty to domestic violence, in GA. on 06/27/2022. How much time I have to file motion to withdraw?

Location: Forsyth county, GA

Joshua Schiffer
Joshua Schiffer
answered on Jul 18, 2022

Generally within the term of court you’re fine. I’d have to check the dates for Forsyth. Do you want to talk with your lawyer at length before making that call valve because once you file there’s basically no shot at ever getting a plea that good again. So you really need to be sir. Judges... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Can a person with a TPO carry a firearm?

Can you also provide the OCGA code as well??

Joshua Schiffer
Joshua Schiffer
answered on Jul 15, 2022

The answer is almost always case specific with the default position being "no." Check the order that was actually issued and it should directly address firearms. Especially if the TPO is DV related, the courts are very wary of firearm possession when there are such emotional issues before it.

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: My boyfriend was arrested in March and charged with battery (FVA) and part of his bond conditions was no contact order

With me. But we was never apart and I visited him while in jail and picked him up the day he was released. On June 3rd he was arrested for driving without license and they also charged him with Violation of Family Violence Order and held without bond. He has since plead guilty to the battery charge... View More

Joshua Schiffer
Joshua Schiffer
answered on Jun 16, 2022

All misdemeanors in GA are guaranteed a bond, but it appears the real issue here is they are prosecuting him for violation of a bond condition. Even if he and you wanted to have contact, if he is found to be in contact with you he is subject to prosecution.

The best thing for y'all...
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