Joshua G. Schiffer’s Answers

Joshua G. Schiffer

Atlanta Domestic Violence Lawyer.

Contributor Level 12
  1. Juvenile Justice Reform in Georgia

    Answered over 2 years ago.

    1. Joshua G. Schiffer
    2. Robert M. Gardner Jr.
    2 lawyer answers

    The above anser is right on the money, as the changes in the code are fluid and we do not know exactly how they will be enacted. the Georgia bar Association has a working group on the issue and many of the members would probably be very happy to speak with you regarding your issue as the committee is comprised of some excellent lawyers I know well. They would also be a great source of advice as I suspect you have a very specific reason for asking your question. i will add that most code...

    2 lawyers agreed with this answer

  2. My fiancée was arrested for simple battery against me

    Answered almost 3 years ago.

    1. Wesley Kent Hill
    2. Rachel Aliza Elovitz
    3. Joshua G. Schiffer
    3 lawyer answers

    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...

    2 lawyers agreed with this answer

  3. Is It a done deal for my brother?

    Answered almost 3 years ago.

    1. Michael Jason Rhoades
    2. A James Rockefeller
    3. Joshua G. Schiffer
    3 lawyer answers

    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...

    2 lawyers agreed with this answer

  4. Will a judge give me another bond for a DUI?

    Answered over 4 years ago.

    1. Joshua G. Schiffer
    2. Jessica Ruth Towne
    3. Elmer H. Young III
    3 lawyer answers

    It does not sound like "bond" is going to be much of an issue for you as it appears that you have been convicted of DUI and have violated probation for not reporting. Since this is a Probation Revocation, a bond is typically not in play, just jail. Much more important is having a lawyer assist you in the complicated process of turning yourself in, arranging a hearing and then negotiating or arguing for the best treatment by the court as possible. Judges in Georgia have wide latitude when...

    2 lawyers agreed with this answer

  5. Drug possession

    Answered almost 7 years ago.

    1. Eric Brian Johnson
    2. Alexander Thomas Henderson
    3. Timothy A Siler
    4. Joshua G. Schiffer
    4 lawyer answers

    In Georgia the posession of Marijuana is either a State Misdemeanor or a Felony depending on the amount. For less than one ounce it is a midemeanor, more than an ounce will fall into one of a few felonies, depending on factors such as amount and packaging, that include trafficking, simple posession and posession with intent to distribute.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Bail money

    Answered almost 7 years ago.

    1. Travis S Jones
    2. Gurjit S Pandher
    3. Victoria L Clemans
    4. Timothy A Siler
    5. Jason Matthew Mayberry
    6. ···
    7 lawyer answers

    In Georgia you may post bond via cash, real property or a bonding company. If you post with cash or property it is returned to you after the disposition of the matter. If you use the services of a bonding company they are allowed to keep a statutory fee and that is built into the contract. I do not have the specific rate on hand but I believe the amount is 14% of the total bond.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Drug possession

    Answered almost 7 years ago.

    1. Robert S. McKay
    2. Gurjit S Pandher
    3. Alexander Thomas Henderson
    4. Joshua G. Schiffer
    5. Philip Andrew Holloway
    5 lawyer answers

    This is an interesting case in Georgia. The officer argueably has probable cause for pulling you over (however it is very weak) and the officer had probable cause for asking you questions about drugs etc. when they viewed the pipe. However the mere posession of the pipe may or may not lead to serious issues depending on what jurisdiction you are in and, more importantly, what prosecutor you have. The law on the books is O.C.G.A section 16-13-1 and it is still valid however I have spoken with...

    3 lawyers agreed with this answer

  8. I have a Temporary Restraining order on me and I had been served in 30 days of it being taking out so what happens after the 30

    Answered 10 months ago.

    1. James Lawrence Yeargan Jr.
    2. Emily Su-Hwa Yu
    3. Joshua G. Schiffer
    3 lawyer answers

    The above advice is well heeded. You should get a lawyer to attend and assist with the hearing as you are not trained to do it yourself and may inadvertently harm this (along with future) issues. A TPO will dramatically affect your rights (including your gun/2nd amendment) and places an additional burned on your personal behavior. It also subjects you to enhanced penalties in criminal courts. If you did not appear, likely the order was issued and your non-appearance does not affect...

    1 lawyer agreed with this answer

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

    Answered 10 months ago.

    1. Daniel Ellis Rice
    2. Michael John O'Hagan
    3. Joshua G. Schiffer
    3 lawyer answers

    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!

    1 lawyer agreed with this answer

  10. I was charged with domestic battery in ga. I pled guilty after my 6th court date. I completed everything. Can this be expunged?

    Answered 10 months ago.

    1. Joshua G. Schiffer
    2. Michael John O'Hagan
    3. James Lawrence Yeargan Jr.
    4. John Arnold Steakley
    4 lawyer answers

    Not really. Absent some extraordinary changes/filings and a total re-work of your case you are going to be stuck with a DV conviction forever. You should look at how your 2nd amendment gun rights have been affected as well as your travel issues. DV case are more complex than ever and you would have greatly benefitted from a lawyer. If you are interested in extraordinary motions work be prepared to pay some big fees, but there may be some wiggle room.

    1 lawyer agreed with this answer

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