Joshua G. Schiffer’s Answers

Joshua G. Schiffer

Atlanta Domestic Violence Lawyer.

Contributor Level 12
  1. Can my son get his misdemeanor record restricted in Georgia?

    Answered 10 months ago.

    1. Alexis Leone Hamilton
    2. Jeffrey Edward Johnston
    3. Joshua G. Schiffer
    3 lawyer answers

    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?

    1 lawyer agreed with this answer

  2. My friend was arrested for domestic violence an possession of a firearm

    Answered 11 months ago.

    1. Alfred Fargione
    2. Joshua G. Schiffer
    3. John Arnold Steakley
    3 lawyer answers

    There is a lot going on here and the above answers provide some excellent guidance. Several questions involving the facts need to be answered before you ca get a more accurate evaluation of the case, but issues including his criminal record (if any), the location of the gun and the specific allegations could provide strong defenses or problems in his near future. He needs to invest in a strong local practitioner who works extensively in the area of Domestic Violence and has a deep knowledge...

    1 lawyer agreed with this answer

  3. Have a bench trial tom am. Can I still enter a no lo plea? Simple Battery/walking under the influence. No attorn. Fulton, GA

    Answered almost 2 years ago.

    1. Michael Jason Rhoades
    2. Joshua G. Schiffer
    3. Jack Ira Klein
    3 lawyer answers

    It sounds like you waited a bit long to start on this issue. In the future just remember earlier is better. In short, you can take whatever "plea" is available to you at the time of trial, but also remember that the State may have been having a problem getting the necessary "witnesses" to effectively prosecute you, so the State may have a hard time actually convicting you. I would go get an attorney, and fast. Hopefully that will buy you the time and/or analysis you need to prevent ending...

    1 lawyer agreed with this answer

  4. Can a tpo be violated, if the alleged aggressor views the victims profile on a dating site, and the victim is able to see that

    Answered almost 2 years ago.

    1. Daniel Ellis Rice
    2. Joshua G. Schiffer
    2 lawyer answers

    I think this question is cross posted and I answered it on the other post, but the nutshell is that the violation is going to be up to the Judge.

    1 lawyer agreed with this answer

  5. Can a tpo be violated, if the alleged aggressor views the victims profile on a dating site, and the victim is able to see that

    Answered almost 2 years ago.

    1. Joshua G. Schiffer
    1 lawyer answer

    That is an excellent question, and it is going to be up to the Court, after a hearing is convened, to determine whether the TPO was violated. If you want to move forward with a violation hearing you should contact the Superior Court where you received the TPO and inform them of the issue. You also may ant to communicate with the local District Attorney as they would be in charge of prosecuting the offender. The charge would likely be Aggravated Stalking. Good Luck Josh Schiffer

    1 lawyer agreed with this answer

  6. Aggravated Assault Charge & Cruelty to Children (2Counts, Third Degree) -- (My fiance charged, not convicted yet)

    Answered almost 2 years ago.

    1. William Peter Daley
    2. Macy Michelle Jaggers
    3. Joshua G. Schiffer
    4. Kathleen Willcox Williams
    4 lawyer answers

    While I agree with the above answers, you need to go find a LOCAL lawyer, down in Jessup or Waycross, to assist you. There are numerous ways your lawyer will be able to fight the validity of your "statement" and protect the people you want to assist. Medication is just the beginning of that fight, however, and this IS NOT something you can do by yourself. These are very serious charges and could impact your family for decades to come, so this is the time to invest in your own well being. I...

    1 lawyer agreed with this answer

  7. I have a TPO hearing Monday. It was filed against me by my daughter in law. I am disabled and forced to leave my home.

    Answered almost 2 years ago.

    1. Elizabeth Marum
    2. Joshua G. Schiffer
    2 lawyer answers

    You really need some hep, and professional guidance. There are several disability advocacy groups you can ask for assistance, and the court may even have a "victims advocacy" section that would be willing to look at your issues. Also, your son NEEDS A LAWYER and his lawyer may be able to address your situation as it obviously involves his marriage case. Good Luck! Josh

    1 lawyer agreed with this answer

  8. Why is it Taking So Long for domestic violence case against my ex. to Go to Trial?

    Answered almost 2 years ago.

    1. James Regan
    2. Joshua G. Schiffer
    2 lawyer answers

    James is spot on with his advice above. My partner Tom Kemp is also a former DeKalb ADA and I know how good that office typically is. Reach out to Victim Witness for answers, and do not be afraid to press your rights. Good Luck! Good Luck!

    1 lawyer agreed with this answer

  9. Can i get a family violence conviction expunge from my record

    Answered almost 2 years ago.

    1. Daniel Ellis Rice
    2. Joshua G. Schiffer
    2 lawyer answers

    What you need is a "pardon" and not an expungement, since you cannot "expunge" convictions." Same goal, different process. That being said, there are other extraordinary remedies available to you besides a pardon, but they are speculative in nature and can be quite onerous to pursue. We have been successful in the past in "changing" convictions to a different charge, but it is a very, very difficult process. Good Luck!

    1 lawyer agreed with this answer

  10. What do I need to do to get terminated from probation after 2 revocations 19 months incarceration for a criminal dmg to prop 2nd

    Answered almost 2 years ago.

    1. Benjamin David Goldberg
    2. Joshua G. Schiffer
    3. Darrell Brinnett Reynolds Sr.
    3 lawyer answers

    I am from Cobb and clerked for Judge Grubbs at the start of my career, so I am confident that the above counselors are correct in their assessments. 2 violations means there is a habit of "not following the rules" and Judge Grubbs typically will not consider extra-lenient treatment for someone who has had such a tough time with probation. She makes a point of being very clear at the time of sentencing that she expects people to follow the rules of probation, and I guarantee she remembers your...

    1 lawyer agreed with this answer

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