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Joshua G. Schiffer
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Joshua Schiffer’s Answers

254 total


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

    I looked at the statement that was supposively given by me at the time of the incident. I dont remember talking to any law enforcement nor remember being questioned. The statement is incorrect. I do remember being on my pain meds for wisdom teeth ...

    Joshua’s Answer

    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 wish you the best of luck! You might want to look up Joseph (Joe) Segui down there. He may not be the one to handle the cae, but he will know who is good.
    Josh Schiffer

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  • How can i avoid loss of second amendment "privledge" in a battery family violence case due to lautenberg amendment?

    wife and i had a dispute, neighbor calld G.C. P.D. rest is history. Saw official opinion from Ga. attourney general stating A nolo plea doesnt constitute conviction for purposes of lautenburg ban,but that completley contradicts atf faq's. federal...

    Joshua’s Answer

    You need to fight and win this case to ensure you keep your second amendment rights in this case. the only other acceptable result is a form of dismissal, most likely through some sort of pre-trial diversion style process.
    If these are issues that matter to you invest in local counsel as soon as possible. You want someone who frequents your local courts so I would look at Gwinnett, DeKalb and Fulton for Domestic Violence lawyers.
    Good Luck!
    Warmly,
    Josh Schiffer

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  • I got pregnant by someone i have a no contact order with. how much more trouble am i facing, or do i have to tell them about it?

    my boyfriend and i got into a physical dispute and because he had people on his side at the time of the incident and i didnt i was the one sent to jail. when i was bonded out they issued a no contact order for me to stay away from everyone that wa...

    Joshua’s Answer

    I agree with the above assessments and you really deserve to invest in local counsel to help you sort through this. You will also want counsel to advocate on the side of your child for Family law issues. Most importantly, you want to insulate yourself from any potential criminal ramifications that could flow your direction due to the courts orders.
    Do yourself a favor and meet with a couple of local lawyers who have good relationships with the court. This is not a case where you want to bring in someone from far away, as you want to judge to take a special look at your circumstances.
    Good Luck!
    Joshua Schiffer

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  • First offender act / domestic violence charge and Federal gun laws....? Can I still own and/or carry a gun....?

    In 1994 I was charged with cruelty to children my attorney got the charges dropped to simple battery and I plead under the first offender act. I was not supposed to loose any of my civil rights but I know the 1996 gun law may have changed that.......

    Joshua’s Answer

    • Selected as best answer

    I agree with the above assessment. You can certainly purchase a firearm, but the the carry issue may cause you some hiccups as local law enforcement may have an issue with it.
    It would be a good idea for you to confirm, from the GBI, that your first offender status has been fully disposed of as sometimes the GCIC can be incomplete until the individual calls attention their specific issue. You will not need a lawyer to do that, just call and make sure the GBI has done what they are supposed to Generally very easy to work with.
    Good Luck,
    Josh Schiffer

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  • No Contact Order Questions

    I was told that my fiance' went to a bond hearing (agg. assault & cruelty to children) & was told no contact between us. I was the victim in the assault incident. But it happened months ago. I no longer fear him. He turned himself in about a week ...

    Joshua’s Answer

    You can do whatever you want, but your fiance is in deep, deep trouble if he violates the conditions of his bond. He can easily be charges with Aggravated Stalking, and held with no bond, if he violates his existing bond conditions.

    What you need is a "bond amendment" for his "special conditions of bond" and that is generally done with a lawyer, or you can try to argue the issue yourself with the agency prosecuting your Fiance. Or HIS lawyer could assist you.

    I will warn you, however, that the prosecutors are generally loath to change DV bonds due to the amount of domestic violence out there. It is a big boost if a lawyer (his or yours) handles the issue professionally rather than you calling the prosecutor yourself.

    Good Luck!
    Josh

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  • 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.

    I built the room that I was living in onto their home. My son and I had TPO filed against us because of her desire for a divorce. I am disabled and am currently staying in an unfinished basement sleeping on a concrete floor. The TPO states that I ...

    Joshua’s Answer

    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

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

    AM SO sad and frustrated I was victim of a crime by then by my husband while been 4 1/2 months pregnant in 2010 broken fingers almost losing the baby due to the attack. once the baby was born the divorce was final with no rights to the baby and pe...

    Joshua’s Answer

    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!

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  • Is this small piece of information some grounds for dismal?

    I have a dv case coming up. Now my girlfriend was upset and wanted me gone. she call 911. She didn't want to file charges but state picked it up anyway.Now we got the police report and found out the what the officer has written was false. She also...

    Joshua’s Answer

    The above counsel is correct. You need a well experienced lawyer who is familiar with the local courts and players since this is a case involving a "cut and paste" report.
    Those reports happen, and they assist in getting great results for the client, but there is a lot of hard work involved as well.
    That being said, a Domestic Violence case can have far reaching consequences, some of which do not manifest for years. Gun rights, jobs, family law issues, access issues and other problems often flow from otherwise "minor" convictions, and you should invest in your future by retaining a local lawyer to assist you. There are several fine practitioners in Griffin or you could bring in someone from Metro Atlanta.
    Good Luck!

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  • Can i get a family violence conviction expunge from my record

    i was convicted in 2005

    Joshua’s Answer

    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!

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

    i was placed on probation since 9-18-2009 for hitting my ex-friends car with a stick. 500 dollar damages.5 yrs probations i violated 2's spent 19 months incarcerated i have judge A. Grubbs.. help!

    Joshua’s Answer

    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 case if there have been 2 revocations.

    That being said, you can file motions, and you would certainly want a lawyer to assist you, but it is my advice that you concentrate on just finishing up your probation without any additional violations.
    Sorry.
    Good Luck!

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