Steven P. Shewmaker’s Answers

Steven P. Shewmaker

Atlanta Family Law Attorney.

Contributor Level 13
  1. How long will I go to jail for failing an alcohol screen on dui probation

    Answered over 1 year ago.

    1. Benjamin Von Schuch
    2. Kevin Aaron Chastine
    3. Lauren Elizabeth Goodhart
    4. Zachary Walter Procter
    5. Steven P. Shewmaker
    6. ···
    8 lawyer answers

    I agree with the others that a specific answer depends upon many factors, like the judge, your choice of attorney, that attorney's rapport with the prosecutor and the judge, your prior record and on an on. Technically, your failure is a general violation of your probation. General violations allow the judge to revoke you for up to two years; since this is a misdemeanor (I assume it is not a felony DUI or rolled into a felony charge) and only carries a 12 month probation maximum, you are...

    6 lawyers agreed with this answer

  2. How can I collect court awarded attorney fees, alimony and property from a Service Member

    Answered over 1 year ago.

    1. Steven P. Shewmaker
    2. Glen Edward Ashman
    3. David Alexander Browde
    4. Michael Shane Welsh
    4 lawyer answers

    Going after Servicemembers can seem very difficult and be very frustrating. Here are a couple of things to keep in mind. First, the simplest way may be to mail (and email) a copy of the court order to his commander and request that they order him to comply with the court order. If you can track own his commander, then you can send it to him (or her). You should ask that the commander confirm receipt of your letter and ask them to respond. Typically, they will seek counsel from the...

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  3. I am a disabled veteran and I have been asking questions like this in the hopes that I could get an answer. Can someone help?

    Answered about 1 year ago.

    1. Steven P. Shewmaker
    2. Stephanie O Joy
    3. Saundra Janelle McDowell
    4. Ingrid Arnalda Morfa
    4 lawyer answers

    This is a very good question and frequently misunderstood. Neither the Social Security Administration nor the Veterans Administration will allow garnishment or automatic deduction of your Social Security payments or your Veterans Administration payments. However, whether these payments may be considered by the state court in determining alimony is not determined by the VA or the SSA. That is determined by state law alone. You really need to find an attorney licensed in your state and in...

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  4. How does the blind plea work? Can a cap be put on a blind plea? Does both attorney and prosecutor have to agree on cap limit?

    Answered over 1 year ago.

    1. Steven P. Shewmaker
    2. Daniel Ray Partain
    3. James Lawrence Yeargan Jr.
    4. J. Guy Sharpe Jr.
    5. Robert Wesley Starrett
    6. ···
    6 lawyer answers

    Your questions are all very good. Above all, your husband needs to ask thorough questions to his attorney who is in the best position to know more facts and give the best advice (much better than here). If I were his attorney, I would seek a pre-trial conference with the prosecutor and the judge. At that conference (and you husband would not be present) the lawyer is in the best position to see if the judge would accept the negotiated plea (if at all) or what the judge's leanings might be....

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  5. My husband is in Philippines and He cant come here as he dont have visa. I need divorce.

    Answered about 1 month ago.

    1. Steven P. Shewmaker
    2. Glen Edward Ashman
    3. Daniele C. Johnson
    3 lawyer answers

    Yes you can file here. The issue is how you prove to the court that he was properly served. Until he is properly served, the court lacks jurisdiction over the divorce. Here are some ways to accomplish service upon him. 1. Send him the papers and ask him to acknowledge service by signing a form acknowledging service in the presence of a notary. He can do this at the US Embassy or a US consulate. He may be able to do this at the office of an attorney over there. 2. If you honestly do...

    5 lawyers agreed with this answer

  6. Hi my name is Courtney Jones I want to get a divorce. From my husband. His name is Tony Dunn we be married for 2 years

    Answered about 1 month ago.

    1. Michael David Birchmore
    2. Steven P. Shewmaker
    3. Glen Edward Ashman
    4. John Arnold Steakley
    5. Russell Henry Hippe III
    5 lawyer answers

    You will not need a name change, it appears.

    5 lawyers agreed with this answer

  7. What are the potential punishments for felony attempted purchase of cocaine? With an MIP on the side... Statesboro, GA

    Answered about 2 months ago.

    1. Steven P. Shewmaker
    2. James Lawrence Yeargan Jr.
    3. Carl Santos Cansino
    3 lawyer answers

    Stop admitting to criminal wrongdoing on a public forum. Call a good local attorney right now. Call coastal lawyers (Jeff Arnold), and get out ahead of this thing before it is too late.

    5 lawyers agreed with this answer

  8. VOP new misdemeanor charge. What is worst case scenario?

    Answered about 1 year ago.

    1. Steven P. Shewmaker
    2. Donald Clinton Turner
    3. James Lawrence Yeargan Jr.
    4. Stephen Charles Maltezos
    4 lawyer answers

    1. The worst that can happen on the new charge is a separate matter. There, he can face confinement for the maximum sentence. 2. For the VOP, it depends. If he violated a GENERAL TERM of probation, he faces up to BUT NOT MORE than 2 years in confinement if he has more than 2 years left. Obviously, a general term violation can get him revoked for the balance if the balance is less than 2 years. 3. Now, if the violation of a SPECIFIC TERM of probation, the judge can revoke the entire...

    5 lawyers agreed with this answer

  9. My son was arrested for speeding and dui of marijuana. they searched his car and found a pill in the bottom of his console.

    Answered about 1 year ago.

    1. Steven P. Shewmaker
    2. Noah Howard Pines
    3. John Arnold Steakley
    4. Elmer H. Young III
    5. Benjamin David Goldberg
    6. ···
    7 lawyer answers

    Yes. He needs an attorney right away, now. He specifically needs an attorney experienced with DUI and drug charges. I'm sorry. It sounds like you are his best defense right now. Get him an attorney to safeguard his rights and to help him see his options. Good luck.

    5 lawyers agreed with this answer

  10. What should or can I ask for in a response to child support modification counter claim.

    Answered over 1 year ago.

    1. Steven P. Shewmaker
    2. Glen Edward Ashman
    3. Katie Ann Brewington
    3 lawyer answers

    This is very frustrating. I understand. If the order requires him to pay, and he is that far behind, you file a petition for contempt against him in the county where the initial order was issued. You serve a copy on him through the sheriff. You will also want to serve discovery requests on him - and possibly some third parties - to ascertain what income and assets he has. The goal is to get in front of a judge very quickly and convince the judge that he has the ability to pay but chooses...

    5 lawyers agreed with this answer