Skip to main content
Maxwell Schardt

Maxwell Schardt’s Answers

14 total


  • What should we do to get this case to court or reduce the strick pre trail probation until we go to court

    If me & my boyfriend a convicted felon been together for 8 years living together & he gets arrested on a warrant from a detective for 1st degree cruelty to children & simply battery on me when he went to Court we sign a no contact order& also o si...

    Maxwell’s Answer

    I have no idea what happened between you and your boyfirend. However, if you are seeking to get your life back to normal, and the conditions on your boyfriend's bond are especially burdensome, a motion to modify bond can be filed. This would allow for the possibility that the Judge would alter the conditions of the bond. This could be beneficial to you and your family, as it often does take much longer than anticipated to resolve cases in the criminal justice system, especially cases like this. Of course, the Judge, citing to your boyfriend's criminal history and any documented pattern of abuse that may exist, may refuse to alter the conditions of the bond, but it never hurts to ask, especially if the conditions of the bond are interfering with your lives.

    See question 
  • Is residental burgarly a violent or non violent crime in georgia with no one home and what percent of the time would you do

    broke in a house with no one home took something charge with burgarly and its a felony

    Maxwell’s Answer

    Georgia does not differentiate between "violent" and "non-violent" for parole eligibility purposes. Rather, they have 8 different parole levels, and then a list of non-parole eligible offense. Before considering this answer, you must keep in mind that these are merely parole guidelines. The parole board makes every decision on a case by case basis, based not only on the crime, but also on the facts behind the crime, the Defendant's criminal history, the Defendant's performance in prison, and quite frankly, the level of overcrowding in the prisons at the time of parole consideration. That being said, burglary of an unoccupied dweling is a level VI offense and, accoridng to the guildelines, calls for parole after 52 to 78 months. Burglary of an occupied residence is a Level VIII offense and calls for the convicted individual to serve 65%-90% of the sentence imposed.

    See question 
  • Can I get off felony first offender probation?

    I am on felony first offender probation for 4 years. I have been on it for 7 months. I am trying to enlist into the army is it possible to get off probation to go to the army. Is it possible i want to do better. Please help!!!

    Maxwell’s Answer

    The original sentencing Judge maintains jursidiction over cases while they are on probation. This means that they maintain the ability to alter your sentence while you are on probation. To do so, you would be best served to hire an attorney to present the prposed probation modification to the Judge. You need to be able to articulate, with your attorney's help, changes in circumstance that have occurred since your plea thast made the deal for four years probation reasonable when you accepted it but overly burdensome now. The fact that you want to go to the armed forces seems like it could be a good start in convincing the Judge.

    See question 
  • My case is discharging a fire arm 50yrd from a road but i didnt discharge it by a road it was in my back yard 100rds from rd

    should i take it to trial because i mistakingly dicharge the gun that is why i pointed it to the ground just in case something was to happen

    Maxwell’s Answer

    If you feel strongly about your case, then you should definately consult a lawyer. The prosecution may or may not be willing to work this case out in a favorable way for you and if your claims have merit i would think that you owe it to yourself to talk toa lawyer in person. Trial is always an option. It is always the Defendant's (your) decision whether to accept a deal or go to trial. Of course, consulting a lawyer will certainly help you make an educated decision.

    See question 
  • Can you get your court case moved from the municipal court to the state court without a lawyer? What is this process called?

    I've was charged with a misdemeanor for shoplifting and my arraignment isn't till 4 months later. I found that I can enroll in a pre-trial diversion program since I'm a first offender. I didn't bother trying to hire a lawyer, since I can enroll my...

    Maxwell’s Answer

    Your first court date in municipal court is arraignment. Since miost municipal courts dont offer jury trials, but rasther only bench trials, in front of a judge, the way to get to State Court is to plead not guilty and "demand" a jury trial. If they ask do you waive your jury trial, the answer is NO. This will cause your case to be transferred. You do not need a lawyer to do this. However, it is very important that you keep the same address, or at least make sure the State Court has your address, when you do this, because it is unlijkely that anyone in municipal court will be able to tell you when your first court date in State Court will be.

    See question 
  • Does my son need a lawyer

    My son was given an underage drinking citation in his apartment along with his buddies because a neighbor said they were making too much noise and evidentally they were. What are the repercussions and how do you plan before the court date?

    Maxwell’s Answer

    Depending on whether your son was charged under local ordinances 9city) or state law, your son could be facing anyhting from 0-30 days or 0-12 months. of course, it would be very rare for a young man to recieve that type of sentence. I would say that the main issue to consider is your son's criminal record. There are often diversionary programs and other options that, upon completion, can result in a dismissal and even an expungement (meaning the record of the arrest is deleted from one's criminal history). Of course you are hearing this from a lawyer, but if your son is generally a good kid who is not likely to see any more trouble, paying for a lawyer in this case would seem like a reasonable investment, as one's criminal history does follow them.

    See question 
  • What do I need to do to lift my warrant ? Will paying the remaining fine make it go away ?

    Last October I was put on misdemonear probation for failure to appear in court for expired license and expired temporary tags in Fulton County in Sandy Springs, GA. I was scheduled for court on the 25th of August but couldn't make it. I have tried...

    Maxwell’s Answer

    Typically, with probation matters, just paying fines and fees that are owed does NOT solve the problem. If you missed court, you will have an arrest warrant for you. in some courts, they have a preset bond that can be paid once you turn yourself in to be released again, especially for misdemeanors. These bonds can be expensive though. In other times, you will have to wait in jail for your court date. The bottom line is that if you call around, you will be likely simply be told to turn yourself in. You should hire an attorney who can call the court to determine exactly what needs to be done so that the matter can be cleared up for you in the least intrusive manner for you.

    See question 
  • Arrested or detained?. Whats difference, if you are handcuffed, and given yellow arrest citation but no photos and fingerprint

    My gf was handcuffed and given a arrest citation for disorderly conduct, not paying public transpiration fare in Atlanta.The MARTA policeman, handcuffed and took her into a back room. The officer, did not say "you are under arrest", did not say...

    Maxwell’s Answer

    This is a tricky question, because for legal purposes, arrest versus detention questions are not really determined by what the police call it. The answer is kind of a sliding slope. Detentions often become arrests after the passage of a certain period of time, depending on the circumstances. The fact that the person is handcuffed certainly is indicative of a full fledged arrest, but not necessarily determinative. It is very fact specific and a grey area that is often debated in court. It seems that you want to know when it is an arrest for criminal records purposes. If the person was given a ticket or brought to jail, it would be an arrest for those purposes. If no charges were ever made, and the person was released, then it was NOT an arrest for these purposes and you should not feel obliged to report it as such. If the person was not "field booked" or brought to jail, there should be no record of this encounter. If charges were brought, and then dismissed, the person has to resort to seeking an expungement to clear their record. I hope this helps.

    See question 
  • The detective wants to interview me, and is threatening to arrest me if I do not show up.

    He also said if i come in he would not arrest me. Do i believe him or should i try in get a lawyer first?

    Maxwell’s Answer

    I agree. You should definately consult an attorney. like they say, "anything you say can and will be held against you." Generally, if they have decided you did it, you are not going to talk your way out of it. Consult an attorney and make sure the attorney does not just walk in there with you. Have an in depth discussion with the attorney before hand and be HONEST with the attorney. good luck

    See question 
  • Will sending the remaining payment for a misdemeanor probration lift the warrant for failure to appear in court for no payment?

    A year ago I was arrested for failure to appear in court for expired license && expired temporary license plates. I was put on probation for a year in Fulton County && October 2010 my probation should end. I had to move to Louisiana due to living ...

    Maxwell’s Answer

    yeah, paying will not likely get the warrant lifted. however, paying what you can may make you look better at a hearing about the issue. your best bet is to face the issue head on, get an attorney, and get it over with. then you dont have tlo look over your shoulder in the future

    See question