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Steven P. Shewmaker

Steven Shewmaker’s Answers

540 total

  • Will she have to do any jail time?

    My sister is in a custody battle with her kids father and she hasn't been paying child support so due to that she's sentenced On Nolo Contendre Plea, no time to serve and placed on probation for a year. She currently has an opened criminal case in...

    Steven’s Answer

    She will likely get probation if her record is clean otherwise. It is very hard to give guarantees based on such little information.

    Here's what I can say for certain. She needs an attorney well versed in criminal and family law to pick this up and defend her. She needs this now, no delay.

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  • How can I protect al my investments and my military disability compensation as well as my Social Security from alimony?

    I'm a disable veteran with a pension, wife does not work. But once we get divorce she can go back to getting her widow pension from the military of 1300,00 dollars a month. Been together for 20 years but just got married 2 years ago after I won th...

    Steven’s Answer

    Yes, you need a real lawyer, not an Avvo Q&A.

    1. First, your Florida attonrey can advise you about common law marriage principles, that vary from state to state.
    2. Second, your exclusive pay, like disability pay, can be a basis for alimony and child support, according to federal law.
    3. Third, whether it is going to be considered for alimony is determined by particular state law and the feelings of the judge, so again you need a Florida attorney in your area for guidance.
    4. I cannot stress enough that you need to find, hire and pay a Florida attorney. Waiting until the last minute or going to court without an attorney can sometimes have horrible consequences.

    Anyway, I hope this helps.

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  • Because he's military and she's married to military, can we get out of the lease without paying lots of extra fees?

    Three and a half years back I lived in a one bedroom apartment in a Central "Blue Ridge" region of Virginia. About 6 months after living there, my cousin really liked the apartment complex and wanted to move in there as well. We went down to leasi...

    Steven’s Answer

    In this case the SCRA - Servicemembers Civil Relief Act - won't help. Had the Army husband signed the lease, then the SCRA would have helped him and his spouse, not you. Moreover, had your cousin signed the lease before the marriage or during but not with her husband's participation, the SCRA would still not apply.

    Sorry about that.

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  • Is pawning school property a crime?

    My friend's aunt who is a teacher, let him borrow a laptop that the schools system lends to the students. He later pawned it to get money for college. Is this a crime to pawn school property? is this considered school property? She is unaware of t...

    Steven’s Answer

    Is this a close call?
    If pawning school property was not a crime, I would not be answering this because I would be too busy pawning some of those Bluebird busses to pay for my expensive hobbies.

    What does your common sense tell you?
    Yes it is illegal.

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  • What can we expect if he doesn't to complete the steps to resolution after court (probation requirements) and returns to the US?

    My husband got a DUI over the holidays and has a court date set for Feb. we are relocating to the Caribbean (he's a Jamaican national and US citizen) so we anticipate he'll be unable to complete all the steps if he goes through a probation process...

    Steven’s Answer

    First, as a U.S. Citizen, he should do all he can to comply and put this behind him right.
    I cannot believe there is no way to get it done, inconvenient maybe.

    If he refuses, his license won't be reinstated. If probation terms are not complete, most likely the next time he passes through US customs he's going to be held. If at the Atlanta airport, he will be shipped to Clayton County jail awaiting a bus ride to Buford.

    I hope this helps

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  • Can CH31 (Vocation Rehab) subsistence benefits, GI BILL, POST 9/11 GI BILL considered income to calculate child support?

    I have a DCSS (child support) case in San Diego County. The issue in my case is regarding CH31 (Vocational Rehab) Education subsistence benefits, GI BILL, Post 9/11 GI Bill education benefits, and VA disability. I know none of the above can be ga...

    Steven’s Answer

    First, there is absolutely no federal law preventing their inclusion in child support.

    Second, whether they are included is a matter of whether state law allows it or mandates it. States are different; they have different laws. If the state law allows their inclusion, then it depends upon the discretion of the judge as to whether the judge thinks they should be included in fairness to all the parties. If the state law requires their inclusion, then it is only a matter of whether there is any exception to that.

    Finally, you need to consult face-to-face with an attorney in your area. There is no Interneet exception to that.

    I hope this helps you.

    Steve Shewmaker

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  • Will my marijuana use keep him from getting his ts clearance?

    Key details .... With a man who has 28 years in the military/us government. He needs to apply for a top secret security clearance for his last 18 months before he retires. I use marijuana for health reasons. I understand that I have to agree...

    Steven’s Answer

    I don't disagree with any of the others who have answered. Let me just add . . .

    1. I am no expert, but as I understand things, weed is now legal in Colorado - not for him, but for you.
    2. He does not need to raise the matter - as others say, this is about him; however, it is also about who he hangs out with.
    3. That is you, but weed is legal there for you.
    4. As long as he (1) does not lie if asked; (2) does not partake in the weed; (3) and there is nothing else you have failed to disclose that complicates matters THEN, I predict this will be fine.
    5. Last, weed use (emerging), homosexuality (resolved) and certain religious affiliations (long since resolved) are now dead issues. Times change, but at the moment the weed matter is evolving.

    Your questions are very good and thoughtful. The number one take away is this: Never ever ever ever ever ever ever ever ever ever ever ever ever ever LIE in these interviews. I have known people who used marijuana and cocaine who were subjects of these investigations, and they admitted that they did it (in the past), and they still got clearances.

    Good luck.

    Steve Shewmaker

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  • How can I get out of the Iowa National Guard? I've thought hard after I signed up, and i don't want a dishonorable discharge.

    I have thought long and hard, and I realized I don't want to be in the National Guard anymore, I realized after I signed up that it really was not for me.

    Steven’s Answer

    Finish your time. Do the right thing. Do not risk a less than honorable discharge. You can make it.

    Steve Shewmaker

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  • Isn't this a violation of my 4th amendment

    I was charged with sales of meth due to a confidential informant videoing me in my home with out my knowledge. He gave me money to get him a 40 of methamphetamine and left then came back later to get the methamphetamine. I got the drug for him wit...

    Steven’s Answer

    • Selected as best answer

    Maybe. You will want to look at OCGA 16-11-62 and the recent case law regarding it. Rutter v. Rutter is a case that limited the scope of OCGA 16-11-62 out of a legislative glitch, which has not yet been fixed by the Georgia Legislature.

    You need an attorney, and fast. The time limit to file motions to suppress illegally obtained evidence can be very short and dependent upon your actions.

    What I gave you above is a nice starting point and food for thought. BUT there is no substitute for hiring counsel right away. Many of us who take the time to respond on Avvo give free phone consults.

    Move quickly.

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  • Could you give me a run down on the typical convictions and or sentencing for these charges?(1 simple battery in past)

    My boyfriend has been charged with aggravated assault, without having to go into details, could you give me a run down on the typical convictions and or sentencing following such charges:( only past hype history is a simple batter).

    Steven’s Answer

    Aggravated assault is a very serious felony charge. It carries a maximum sentence of 20 years and a minimum of one year. There is no mandatory minimum confinement like armed robbery.

    A lot goes into what he will get as a sentence. No one can give you any guarantees based on such little information.

    Your boyfriend needs an attorney right away.

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