Steven P. Shewmaker’s Answers

Steven P. Shewmaker

Atlanta Family Law Attorney.

Contributor Level 13
  1. If I take a plea, will I be able to see the evidence claimed to been found on me?

    Answered over 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

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

    Answered over 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

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

    Answered about 1 year 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...

    Selected as best answer

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

    Answered over 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...

    Selected as best answer

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

    Answered about 1 year 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

    Selected as best answer

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

    Answered over 1 year 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...

    Selected as best answer

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

    Answered over 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...

    Selected as best answer

  8. Can prosecutors add more charges at indictment than what a defendant was originally charged with?

    Answered 2 months ago.

    1. McCracken Poston
    2. Steven P. Shewmaker
    3. Drew Norman Early
    4. Noah Howard Pines
    5. Melissa Michel
    6. ···
    7 lawyer answers

    Correct. The police arrest. If they did not personally witness the crime, they need an arrest warrant signed by the judge. They are not the last word. The case goes to the district attorney. The prosecutor assigned to the case will draft either an accusation or an indictment. They are both just pieces of paper listing the charges and basic elements of the alleged crime. The prosecutor can read through the evidence and may add to or remove charges. Sometimes the prosecutor may just do...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. My son received a misdemeanor DUI an was put on probation - can he receive permission to move out of state?

    Answered over 1 year ago.

    1. Justin Spizman
    2. Zachary Walter Procter
    3. Steven P. Shewmaker
    4. James Lawrence Yeargan Jr.
    5. J. Guy Sharpe Jr.
    6. ···
    8 lawyer answers

    Yes, good relations with his probation officer helps, as will completing any completable terms like community service or rehab training. He may be able to go to no reporting or phone reporting. He may raise the issue of transferring probation to Califirnia.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. My husband and I are separated and I need to know what can I do to protect my son and myself financially.

    Answered over 1 year ago.

    1. Steven P. Shewmaker
    2. John Arnold Steakley
    3. Michael Shane Welsh
    3 lawyer answers

    Your question is a very good one. No one can put a gun to your husband's head. Even if you even if he made an agreement with you, he can back out of it at this point. What you need to do is file a petition for divorce or separation. Based Upon doing that, the court then has authority to emplace a temporary order. A temporary order can establish who will pay which bills. The temporary order can also establish a monthly amount of child support and alimony that must be paid. Finally a...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful