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Joshua G. Schiffer
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Joshua Schiffer’s Answers

254 total


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

    They didn't find the gun on him They found it in the house She said it was his gun Which it was her brothers gone So he still in jail He hasn't been indicated yet he has a bond which is set for $18,000 can anyone enlighten me how they can charge ...

    Joshua’s Answer

    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 of Search and Seizure law.

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  • If someone was forced by police out of my home for domestic violence against me,left a couch and table, do I have to return it

    never paid rent, caused criminal damage, i now have a restraining order against that party, verbally gifted me the items left behind prior to having her removed for domestic violence

    Joshua’s Answer

    How much pain-in-the-butt factor is there too it? If the table, etc, are going to cause you to involuntarily interact with the State via the Police, then they better be really nice.

    At the same time, you seem to have protected yourself thoroughly from them and they will not really get an opportunity to repossess the items without the assistance of an officer, so I say you are in pretty good shape.

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  • What am I to expect in an order of protection hearing

    My wife filed an order of protection against me because I took the keys to the car I allow her to drive. She described an alleged incident that happened 2 years ago but nothing was reported. We have 2 kids and I want to keep my kids

    Joshua’s Answer

    Well.. you are in a tough spot. The judge is not going to be too impressed by allegations related to events from 2 years ago, but at the same time this is an opportunity for them to make NEW allegations that could seriously impact your current "jail-free" lifestyle.
    I advise you to at least consult with a lawyer before going down there, and it is probably a good idea to have them tag along to your hearing as these judges wield incredible discretion and can dramatically affect your interpersonal relationships with your family. They can also permanently affect your 2nd amendment rights or immigration.

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  • How long does the State have to issue me a date for recorders court?

    I was involved in an incident that was originally labeled as a simple assault misdemeanor, and then changed to a domestic dispute. The whole thing was ridiculous, as someone was mad at me and created an artistic story for the police. It has been o...

    Joshua’s Answer

    I would advise you to hold tight and not make too big a fuss. You have no clue what "actually" happened to your case and there is a possibility it was never actually initiated.
    At the same time, if the worry is too much, you could have a friendly lawyer inquire with the courts as to whether there even is a case. Recorders courts are a strange beast, and you could either be worried about nothing or have something to really worry about as any DV case can cause big problems for your 2nd amendment rights or immigration.

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  • My son has a wrongful conviction of domestic violence

    My son & daughter were staying with my exes mother and step dad, my daughter 18 tried to call me my exes mother wouldn't let her and started shaking her. My daughter called my son to help her when my exes step dad started slapping her. My son 20 c...

    Joshua’s Answer

    I have to agree with the advice provided above, and cannot stres to you enough that the time to act is NOW, before many hard and fast deadlines have passed which will forever preclude appeal rights. Please go visit with a local attorney, one that practices in your sons court often, as there are appropriate remedies that need to be addressed as quickly as possible.
    Good Luck
    Josh Schiffer

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  • My wife is in help court ...what can we do to get her out of help court

    her charge is battery on her mom but her mom don't wont to testafie what can we do to get her out of this help court and get her probation

    Joshua’s Answer

    "Getting her on probation" may be a terrible goal. There are several defenses that are available for your Wife, and you need to invest in at least a consultation with a local lawyer. Seriously. Going in to court without a solid defense, or someone to speak on your behalf, is the same as letting the wolves tend your sheep.
    please remember that battery is a violent crime, will follow her forever, disqualify her from many opportunities, and even affect her 2nd amendment rights to protect herself. Please call a local attorney, and soon.
    Good Luck
    Josh Schiffer

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

    I have no attorney. I didn't know what to do and they just gave me a bench trial. I plead notguilty hoping to get a continuance. Can I use my 6th ammend for an attorney??? Or can I still make a plea of no lo? I have 2 young children and my wife...

    Joshua’s Answer

    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 up holding the short end of the stick.

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  • I was subpenaed for domestic violence. I am the victim and do not wish to testify and told them this already .

    I really do not wish to testify as it involves one son and the other was the one that called police. Now both my other son and I are subpoenaed. They have a system here that you can request to be placed on call if they need you which we did as it ...

    Joshua’s Answer

    • Selected as best answer

    Well... your son really needs a lawyer, and you can make your feelings about the case well known if you are called to court. Unfortunately there is nothing you can do to avoid being subpoenaed and having to appear. You can, however, research and explore whether you have some sort of "privilege" to not testify in the case if your relationship with the accused fits the "privilege" requirements in the OCGA. Google OCGA 24-9-27 and read part (a). That may apply to you.........

    If you have a privilege not to testify then the court cannot force you.

    Good luck!!
    Warmly,
    Josh Schiffer

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  • 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

    Agressor has a history of family volence, but is not on probation

    Joshua’s 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

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