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Joshua G. Schiffer's Answers
Contributor Level 11
- 120 Legal Answers
- 1 Legal Guide
2
Attorney answers:
Can I prosecute for mail fraud that was committed in March or April of 2011? I have the initial change of address document.
There are a host of options for you to follow up on, but all of the, are going to come with some serious elbow grease contributions by either you or a lawyer you are paying. You should do several things to start, and this is not a comprehensive list. You really may want to talk to a LOCAL lawyer who may be able to manage the process for you. Augusta is a great city and there are several fine lawyers there who will help you. Contact the Credit Agencies, report the issues, freeze your...
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3
Attorney answers:
Will my arrest with no conviction show up on a background check?
The above answers are correct but there may be some lag time in reporting the information to the GBI, so it may take some time to show up. Wait till your disposition is reached and discuss with your attorney whether you will qualify for a possible expungement. If you avoid conviction the process can be very simple. Good Luck.
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3
Attorney answers:
Is It a done deal for my brother?
It is not a "done deal" for him, but it is going to take an extraordinary amount of work, support and dedication for him to receive the best possible disposition. Setting all the specifics of the charges aside, his First Offender status and the original sentencing judge are going to be at the forefront of his mind for a good while to come. By violating first offender probation he has set himself up for a re-sentencing on the original charges. Not a revocation, but a re-sentencing. My...
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3
Attorney answers:
Denied expungement based on ocga 35-3-37 (d)(7)(b) & (c)
Noah is right on. You need to probably get a lawyer on your side who has experience with these issues rather than going it alone. Former Fulton County Assistant Solicitor General Andrew Travis works with my firm on this issue and would be happy to consult with you. 404--842-0909
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3
Attorney answers:
My fiancée was arrested for simple battery against me
You need to call an experienced Domestic Violence Criminal Defense Lawyer and do it soon. As much as the "Police are our Friends," they are certainly not looking out for your best interest when investigating allegations of Domestic Violence. A good lawyer will set up a series of statements and interviews that can pre-empt the police from moving forward with the case. The key is you need to move faster rather than slower. The longer this sits around the more likely it is they will draw an...
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3
Attorney answers:
How do i get criminal charges dismissed
The best thing for you to do is retain a lawyer so they can personally press your issues with the DA's office. Please be aware that this can be a dangerous tactic, though. Right now, depending on where you are in GA, the local prosecutor may have virtually forgotten about your case and, after the statute of limitations has run, it would be impossible for them to prosecute you. That does not help you much in the meantime, however. With your current situation it would benefit you...
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2
Attorney answers:
How can I....
You are asking a fairly high level question for a board like this. No attorney is going to be able to give you any reliable advice without knowing much more about the actual situation. It sounds like your name was brought up when it should not have been, and you are getting the raw endom of that deal. You need someone who will aggressively advocate on your behalf with the DA and Judge. Prior cooperation is encouraged by the system and it is even specifically mentioned in some statutes,...
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4
Attorney answers:
Are witnesses called in traffic violations cases?
In short, Yes. Since you are disputing the charge the State will have the ability to bring any and all relevant witnesses to trial. You have the same rights and may use the State Power of Subpoena to compel the presence of witnesses in your favor at a proceeding. Defending these cases can be tricky and you would benefit rom the assistance of counsel if you are going to press your rights in court. It is not that you are not well spoken or understand the charge, more it is the basic...
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2
Attorney answers:
Does georgia have an institution for "at-risk" inmates?
Please define what you mean as "at risk." No matter what the definition, there is "a place" for pretty much everyone in the GA Department of Corrections. Former Law Enforcement clients, the mentally ill, the high profile, the know dangers or targets and other "special" inmates are generally held in one form or another of Administrative Segregation during parts or all of their stay in the system. That is after they have been "classified" at the GA Diagnostic facility in Jackson, GA....
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2
Attorney answers:
How can I reach my attorney?
Very sadly I hear this far too often. What has happened is that our fine state has broken their solemn duty to provide the indigent with an attorney who has the resources to provide a vigorous defense. This happens all over our state and it is shame. it is not that the attorney is not a "good one." In fact in some jurisdictions the PD's are some of the best lawyers out there. The fact of the matter is that there are too many clients and not enough public defenders. If you want the best...
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