Steven P. Shewmaker’s Answers

Steven P. Shewmaker

Atlanta Family Law Attorney.

Contributor Level 12
  1. VOP new misdemeanor charge. What is worst case scenario?

    Answered 9 months 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

  2. 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 9 months 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

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

    Answered 12 months 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...

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  4. If I take a plea, will I be able to see the evidence claimed to been found on me?

    Answered about 1 year ago.

    1. Steven P. Shewmaker
    2. Noah Howard Pines
    3. Darrell Brinnett Reynolds Sr.
    4. John Arnold Steakley
    5. George F. Mccranie IV
    5 lawyer answers

    I would never advise a client to plea without seeing the state's evidence. True, if you agree to the plea, you have lost your opportunity to see the evidence. I would file motions and seek discovery. Any prosecutor who offers a plea before disclosing his or her evidence and says they will change the offer if they have to disclose discovery, is not for real. Always let an attorney look at it. The attorney may discover that crack in the state's case that either sets you free or allows you...

    5 lawyers agreed with this answer

  5. My boyfriend was arrested yesterday for having a firearm. he has a prior conviction in military court. (felony)

    Answered about 1 year ago.

    1. Steven P. Shewmaker
    2. Noah Howard Pines
    3. Bernadette Camille Crucilla
    4. Frank Mascagni III
    4 lawyer answers

    This is highly fact specific. Others have alrady asked some of the most obvious questions. If there is more to the story, then a bond may not occur. Still, if the facts are not too damning, a bond is probable. He needs counsel immediately. Also, his counsel should have some familiarity with the military court conviction. That will be helpful. My firm handles both state and military criminal matters, as most of our attorneys are former or current military (reserves). Give us a call...

    5 lawyers agreed with this answer

  6. Military/Perjury - Air National Guard charged with class D felony (perjury), how does this impact his military career.

    Answered 9 months ago.

    1. Steven P. Shewmaker
    2. Wojciech Zbigniew Kornacki
    3. Kelvin P. Green
    4. Stephen Daniel Benson
    4 lawyer answers

    It is more likely that these allegations would be handled administratively by the Air National Guard. You mentioned the UCMJ, the Uniform Code of Military Justice in your question. Just because a state like Delaware has a Uniform Code of Military Justice does not mean that it will apply here. Assuming, for the moment, that these allegations rise to the level of a UCMJ violation, the state still has to put together a trial. Foremost, they have to have a military judge. They also have to...

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  7. What motion should be filed in order to have a QUAD order for military retirement entered into court?

    Answered about 1 year ago.

    1. Steven P. Shewmaker
    2. Jeffrey P Nesson
    2 lawyer answers

    1. "My sister was divorced in 1999." Very well. 2. "Her husband was in the military reserves and she qualified for the 10/10 rule regarding his military retirement." Therefore, they were married for more than ten years, and that ten years overlapped with ten years of military service creditable towards retirement; that is ten "good years" so as a reservists - as you say - he earned at least 50 points per year for each of those ten years. 3. "She obtained a QUAD order showing the...

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  8. Can I amend my Divorce and ask to switch properties?

    Answered 7 months ago.

    1. Steven P. Shewmaker
    2. Daniel Ellis Rice
    3. Glen Edward Ashman
    4. Adrian Kaspar Pritchett
    4 lawyer answers

    No, probably not. While you may be past the short deadlines to file a motion for a new trial or reconsideration, you are still within the three year timeframe to file a motion to set aside. However, if you and he agreed to the terms, the chances that the judge will agree with you and grant a set aside are pretty slim. You might consider asking him to agree to modify the agreement. If he does not agree, you are probably stuck. Sorry about that. Steve Shewmaker

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  9. Statute of llimitations on a divorce appeal in the state af ga

    Answered 11 months ago.

    1. Steven P. Shewmaker
    2. Glen Edward Ashman
    3. Lee Alan Thompson
    3 lawyer answers

    Great question - and one seldomly asked here. I would want to know more about what makes you think the divorce was adjudicated "illegally". My first thought was that there was some defect in service of process or jurisdiction, but that appears less likely since you say that you are the plaintiff. More information is required to know if it is illegal, though I doubt it if you filed a timely motion to set aside which was denied. A statute of limitations is a timeframe during which the...

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  10. Do I need to re-sign my divorce papers? Last year (June 2012) I completed divorce papers and had them notarized with the

    Answered about 1 year ago.

    1. Steven P. Shewmaker
    2. Glen Edward Ashman
    3. Nathaniel Michael Smith
    4. William M. Brownell Jr.
    4 lawyer answers

    I agree with the previous comments somewhat. I would add a few additional points. Just because you have signed these papers and he has not, this is not binding on you. Technically, if you have signed them and sent them to him, you have made an offer of settlement to him. His failure to sign them can reasonably be considered as a refusal to accept your offer of settlement. The long passage of time makes it appear that he does not accept your offer. When my colleagues recommend shredding, I...

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