Maxwell Schardt’s Answers

Maxwell Schardt

Atlanta Criminal Defense Attorney.

Contributor Level 7
  1. Is residental burgarly a violent or non violent crime in georgia with no one home and what percent of the time would you do

    Answered almost 3 years ago.

    1. Maxwell Schardt
    1 lawyer 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...

    2 lawyers agreed with this answer

  2. Can a person be arrested and held in county jail for aggravated assault when no physical contact was made?

    Answered almost 6 years ago.

    1. James Wrixam McIlvaine
    2. Bob Giannini
    3. Maxwell Schardt
    3 lawyer answers

    The others have pretty much answered this one. Aggravated assault does carry 1-20 years. It however, can be probated, suspended, and commuted. Aggravated assault does not require any physical contact. All that is required is that the alleged victim be put in reasonable apprehension or fear of such contact being made. I would encourage you, if you do not feel comfortable with the current attorney on the case, to consult with other attorneys in the area. Many attorneys will give a...

    2 lawyers agreed with this answer

  3. Does my son need a lawyer

    Answered over 3 years ago.

    1. Maxwell Schardt
    2. Kimberly Keheley Frye
    3. Michael Jason Rhoades
    3 lawyer answers

    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...

    1 lawyer agreed with this answer

  4. Does a grand jury look at evidence of ALL cases up for indicment thoroughly?

    Answered about 4 years ago.

    1. Michael Jason Rhoades
    2. Maxwell Schardt
    3. Reid Thompson
    3 lawyer answers

    They say a grand jury would indict a ham sandwich. This is especially true in Georgia. Unlike on law and Order, which is set in NY, the Defense generally is not allowed to be present or to present evidence at the grand jury meeting. These meetings are also in private, with just the grand jurors, the prosecutor, and the investigator present. no record is made of these meetings. This should give you an idea of the type of hearing it really is. Not surprisingly, almost everyone is indicted....

    1 person marked this answer as helpful

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

    Answered almost 3 years ago.

    1. A James Rockefeller
    2. Maxwell Schardt
    2 lawyer answers

    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...

  6. Can I get off felony first offender probation?

    Answered about 3 years ago.

    1. Carl Santos Cansino
    2. Lee William Fitzpatrick
    3. Maxwell Schardt
    3 lawyer answers

    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...

  7. 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

    Answered about 3 years ago.

    1. James Lawrence Yeargan Jr.
    2. Lee William Fitzpatrick
    3. Maxwell Schardt
    3 lawyer answers

    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.

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

    Answered about 3 years ago.

    1. James Lawrence Yeargan Jr.
    2. Lee William Fitzpatrick
    3. Maxwell Schardt
    4. George F. Mccranie IV
    4 lawyer answers

    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...

  9. What do I need to do to lift my warrant ? Will paying the remaining fine make it go away ?

    Answered almost 4 years ago.

    1. Phillip Darrell Kimbrell
    2. Maxwell Schardt
    2 lawyer answers

    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...

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

    Answered almost 4 years ago.

    1. Maxwell Schardt
    2. Phillip Darrell Kimbrell
    2 lawyer answers

    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...