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Joshua G. Schiffer
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Joshua Schiffer’s Answers

254 total


  • I got issued 3 citations by the Georgia Department of Natural Resources last November and havent been called to court? Idk when?

    On my citations there are no court case numbers or incident/summary numbers either. But for all 3 charges it says "criminal violation court required" Idk what that means? Its making me fustrated because I wonder why its taking so long to be summon...

    Joshua’s Answer

    Both pieces of advice above are spot on. Get a lawyer and have them do the poling around for you. It needs to be handled carefully, as calling attention to your possibly "forgotten" case would not be the best move.

    And FYI, the statue of limitations on Misdemeanors in GA is 2 years. Some offices are VERY behind in accusing cases, so the time frame and lack of communication are not terribly surprising.

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  • What kind of punishment am I looking at without a lawyer with a 2nd MIP of Alcohol?

    I am 20 years old when I was 17 I was charged with an MIP of alcohol and now I am 20 and will be 21 in 3 months, and was arrested again for the same thing a few weeks ago I breathalized and failed and I would like to know what kind of punishment a...

    Joshua’s Answer

    I know the court well, and YOU WANT TO USE A LAWYER. Lots of locals up there handle those cases as do most Atlanta firms.

    Both the Judge and prosecutor are good folks, but you are facing both serious penalties along with unforeseen future issues. Your privilege to drive is also under significant threat, so it will be well worth your time to hire someone to assist.

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  • How can an inmate get a parole board meeting?

    What kind of motion can the inmate file for parole or sentence modification? What if hiring an attorney is not possible because of lack of funds?

    Joshua’s Answer

    It is very difficult to "force" a hearing, as the State Board of Pardons and Parole has standardized procedures for convening hearing. You can attempt to petition them, and there are also "extraordinary remedies" available, but hiring a lawyer will likely increase your odds of success. Maybe a local guy in the town where the prison is at will help for a low fee?

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  • I have a Temporary Restraining order on me and I have not been served the order and its been over 30 days. What happens next?

    Do it expires?

    Joshua’s Answer

    As stated above, it all is going to depend on what has happened in the background. There is a strong possibility that the petition will expire, or they can "serve" you in other manners. Regardless, you need to find out what is going on as a TPO can drastically affect your rights (even your gun rights/2nd amendment) and subject you to additional criminal/civil remedies.

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  • How do you prove emotional/financial spousal abuse in court? An upstanding citizen in public, but a controlling monster at home.

    My husband has been abusing me mentally & financially from the start. He claims to be the perfect husband and father in front of everyone, but at home he's total opposite. He barely communicates with our child and never spends $ on anything but di...

    Joshua’s Answer

    For something this complex, you really should look into retaining a qualified LOCAL lawyer to assist you. Without an advocate's assistance, directing testimonial evidence (the best you are likely going to have) is tough since you are not trained. Even with the relaxed evidence standards in this setting, having a pro guide you will ensure that you get your story out. You may also want to consider a civil suit for money damages to hit him where it really hurts.

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  • Canceling a TPO

    I just received my TPO but i need to cancel it since a situation has come up in my family. How do i go about doing it

    Joshua’s Answer

    You are going to have to go down to the court you took it out in and petition. They may have an interesting line of questions for you. Good luck.

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  • I am representing myself in a TRO placed against me by my ex. My question is in next paragraph. Not sure how to ask this.

    My ex tried to place criminal charges too for situation and the DA threw it out I didn't even have to go to court. Should I bring in that form to the TRO hearing from DA Stating they aren't picking up case? Also my ex is now planning to use family...

    Joshua’s Answer

    One of the great things about DV court actions is that they are more wrestling match than civil proceeding. Experienced Judges in this area have a long tradition of reigning in litigants to keep them on task or, on the other hand, letting them run wild so they hang themselves.

    If you are THAT concerned with what may or may not come out, do yourself a favor and bring a qualified LOCAL lawyer. Good investment.

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  • Domestic Violence / Green Card renewal

    My dad is recovering alcoholic and he had a few minor cases in 2013 such as disorderly conduct public intoxication and one domestic violence case. He is taking classes now but we are worried if he will be granted a Green Card renewal which expires...

    Joshua’s Answer

    Before too long, he needs to get with an experienced local lawyer and figure out if there is a way to "amend" his record to remove any references to Domestic Violence. As it stands, DV cases are a massive impediment in immigration, and since it is a bright line rule it gets applied all the time.

    You may want to put the immigration counsel in touch with the "local guy" who is going to try and "fix" the record. No sense in going down the naturalization road until you have a better hold on the impact of his record.

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  • How do I know or how can I find out about a restraining order?

    My grandma out out a restraining order a couple months back against my boyfriend. I dont know what she put it out for but we are both 18 now. My question is how do I know if there is really one out or she is just telling me there is to stay away f...

    Joshua’s Answer

    The above advice is spot on. Generally the interested parties are either part of the application or served the papers by the local authorities. You cannot really enforce the orders until there is notice. Your local court should be able to explain to you where all the stakeholders are in the process.
    Good Luck!

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