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Joshua G. Schiffer
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Joshua Schiffer’s Answers

254 total


  • Where does the father stand with a family violence and simple battery?

    The father signed the birth certificate. I had him arrested for family violence while our daughter was in school. I withdrew her from school and moved 300 miles away before he was released. we have a no contact order. His court date is coming up a...

    Joshua’s Answer

    The big issue you are going to deal with is the "contact provisions" listed in his bond/disposition. They are going to govern how much contact he has with any victim, and if the victim is a child then the judge can severely impact the level of access.

    Violation of Special Conditions can be very severely punished, so he better be careful.

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

    I didn't have an attorney and every time I pled not guilty, I was just given another date. I was given a domestic violence class, and 2 yrs probation. After completion of my classes my probation officer scheduled a hearing for the car to be closed...

    Joshua’s Answer

    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.

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  • Do I need a lawyer for the warrant application hearing?

    I have a warrant application hearing in a couple of weeks concerning my ex-boyfriend beating me up after I broke up with him. He got upset because I told him it was over and to stay out of my life. He had never been aggressive towards me before.

    Joshua’s Answer

    I agree with the above commentary and suggest that you speak wither with the local prosecuting authorities or a private attorney to assist you in achieving your goals. Warrants are not the toughest exercise, but you do need to present the right info at the right time in the right manner. Most people are anxious enough just being in court, a professional can ensure you get what you want.
    Good Luck!

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  • How Is an illegal lock out and a filed order of protection able to stand? This is preventing me from justice and going home. :(

    My ex has been trying to kick me out of his condo he owns. He asked me to live with him then kicked me out 3 days after I let go of my apt in Harlem. He lives in Columbus circle. I've been living here for 6 months. When I when to the hospital he s...

    Joshua’s Answer

    Both the above answers are spot on. Firstly your question is not very clear and second, DV cases always result in some sort of arrest.
    You can most likely file some sort of emergency motion/injunction with the courts using the assistance of a local lawyer. That may provide an immediate remedy, but it isn't going to be cheap and they are very often hard orders to get signed. I would more likely advise you to seek alternative solutions now, and go after him later. You need to address your personal safety before you go about righting the wrong.

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  • Can I do anything if my uncle falsely accused my grandmother of stabbing him and got her arrested

    false domestic violence claim

    Joshua’s Answer

    The above are correct. You need to document everything and be sure you inform others who can corroborate your future testimony. You want to work with your friend's attorney to ensure the lie comes to light and a wrongful conviction is avoided.

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  • What can i do to have my domestic violence conviction reduced. so i can have my firearm rights restored

    how do i know if my domestic violence conviction took away my right to possess an firearm, if the person if person whom pressed charges was a sibling

    Joshua’s Answer

    Most likely you are going to run afoul of Federal law and not State law with any criminal conviction for DV as it relates to guns. It is going to depend on your state rules how to go about restricting/expunging a conviction, and it is a tough road.
    The two answers above are correct, though. Your question needs to be petter posed and we would need more info to achieve any type of accuracy.

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  • Is it too late to get a public defender for a criminal case?

    My domestic partner had an arraignment and was asked did he want a court appointed lawyer, he said no. We have not been able to raise the money and the trial by jury will be in 2 weeks is it too late to still request a public defender to represent...

    Joshua’s Answer

    It is really going to depend on the specific court, but Judges HATE cases with no lawyers. They are called "pro se" cases, and mean that the State and Judge need to be extra careful how they operate.

    I unequivocally advise you to seek and retain professional counsel (private or public) before you try to handle any kind of criminal issue. The system is built for lawyers, and not being part of the "industry" will automatically put you at a disadvantage.

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  • What is the relevance of a witness' criminal history?

    I filed an ex parte protective order against my husband for family violence. He filed a counter-petition against me. The judge entered a mutual restraining order because my husband filed for divorce following service of the ex parte order. The jud...

    Joshua’s Answer

    All witnesses come with bias, motives and other inherent issues whereby the trier of fact will determine their credibility. "character witnesses" are most often used to bolster the good character of the accused, and their usage is well regulated by the courts.
    At the same time, we do a lot of TPO work and "character" witnesses are not often very useful here. At most TPO's the judge is far more interested about what did or did not "happen," rather than a party's character.

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  • Can my son get his misdemeanor record restricted in Georgia?

    My son was arrested on a family domestic violence charge. He got into a fight with his sister. He took a plea and is scheduled to serve 90 days in the dekalb county jail with 2 years probation. This is his first offense.

    Joshua’s Answer

    Both of those are correct. More information is needed. If this was recent, and he did not receive the benefit of a strong defense, you can also try and see if withdrawing a plea is a possibility. I would want to know a lot about why he was punished so severely. If this was a "first offense" kind of thing and there were no real injuries, the sentence seems pretty steep. This was in Superior Court, I am going to assume?

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  • I have a theft by deception misdemeanor and plead no content in Albany, GA. Can I get this expunged off my record?

    I was a sale associate at a convenience store. I work there from September 2010 until December 2010. They say I took $50 dollars out the cash register and gave refunds to customers without a receipt. That is not true at all.They made it look like ...

    Joshua’s Answer

    The above gentlemen are correct. The GBI has all the regulations listed on their website.

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