Steven P. Shewmaker’s Answers

Steven P. Shewmaker

Atlanta Family Law Attorney.

Contributor Level 12
  1. How long can they hold him without any real evidence

    Answered 9 months ago.

    1. Noah Howard Pines
    2. Steven P. Shewmaker
    3. John Arnold Steakley
    4. David Edward Boyle
    4 lawyer answers

    They can grant him bond. If he cannot pay it, that is his problem. If they deny him bond, they must charge him within 90 days. If they fail to do that, he is entitled to a bond, but not necessarily a bond he can afford. If they deny bond or he cannot afford it, he should consider filing a speedy trial demand. That will require the State to try the case on a much shorter timeline. He will need an attonrey. But, otherwise they can hold him up to the conclusion of the trial. I hope...

    4 lawyers agreed with this answer

  2. How do I apply for a public defender?

    Answered 9 months ago.

    1. Steven P. Shewmaker
    2. Daniel Ray Partain
    3. James Lawrence Yeargan Jr.
    4. John Arnold Steakley
    4 lawyer answers

    You go to the office of the public defender in the county where you have been charged. Be prepared to be screened by them. If you make below the threshold income level (varies depending upon whether you are married and with dependents) they will represent you. I hope this helps. Good luck.

    4 lawyers agreed with this answer

  3. Is my daughter suppose to recieve BAH?

    Answered 9 months ago.

    1. Steven P. Shewmaker
    2. Kelvin P. Green
    3. Harris Justin Brumer
    4. Rixon Charles Rafter III
    4 lawyer answers

    This is a good question because people and attorneys frequently misunderstand it. There is no Army regulation requiring him to pay any portion of his BAH to you for the benefit of your daughter. There is an Army regulation, called 608-99, which requires him to pay for his dependents IF THERE IS NO COURT ORDER ALREADY REQUIRING HIM TO PAY. If he is already required by a court order to pay $300 for this child, then that is all you will get. Now, if he continues to get promoted and make more...

    4 lawyers agreed with this answer

  4. What documents do I need to file with my uncontested divorce?

    Answered 11 months ago.

    1. Steven P. Shewmaker
    2. Glen Edward Ashman
    3. Anthony M. Zezima
    4. Jessica Lynn Long
    5. Robert John Boszko
    5 lawyer answers

    You can leave the marriage license, birth certificates, and drivers licenses at home. They are not required. The pay stubs are important to establish your gross monthly incomes. They only matter in the determination of child support (which does not matter since you have no children) and alimony. You do not mention if either of you seeks alimony from the other. So, they are probably not necessary. The 401k statement for QDRO, huh? Well, the Court will sign an order divorcing you, and it...

    4 lawyers agreed with this answer

  5. Am i in trouble

    Answered 12 months ago.

    1. Steven P. Shewmaker
    2. Allen Rust Knox
    3. Lauren Elizabeth Goodhart
    3 lawyer answers

    Thanks for asking such a good question. The bottom line is that you, your girlfriend and her mother should tread lightly. You should all sit down and talk through this with a lawyer. Here is why. 1. You have probably committed a crime - very likely a misdemeanor. 2. In order to get married at 16 or 17, she and her parents will have to prove her age to a judge. 3. In doing that, the judge may inquire about her pregnancy - particularly if it is obvious. 4. You could - or could not be...

    4 lawyers agreed with this answer

  6. Will she have to serve time in jail

    Answered 12 months ago.

    1. Steven P. Shewmaker
    2. Robert Rogers Giannini
    3. William M. Brownell Jr.
    3 lawyer answers

    She won't get a probation violation IF these second forgeries (in the second county) happened before she pled (or was found guilty) in the first county. One has to be placed on probation, advised of the standards, and then commit a new violation. It does not sound like that is the way it went down. Whether she will get a sentence in the second county to serve jail time is a separate matter. I have a case very similar to this right now in Cobb and DeKalb Counties involving the same...

    4 lawyers agreed with this answer

  7. Can anybody give me tips on what a Pre-Motion Conference is all about?

    Answered 12 months ago.

    1. Steven P. Shewmaker
    2. Glen Edward Ashman
    3. Robert M. Gardner Jr.
    3 lawyer answers

    I agree that what you are probably referring to is a "pre trial conference". This is a conference done normally in the judge's office or some place other than the courtroom. It is done with the lawyers and the judge only. At the conference, the lawyers explain the case to the judge. They tell the judge what they believe the evidence will show the judge. Basically, it is an informal discussion. Some judges really like these conferences. Other judges will not do them. If your judge...

    4 lawyers agreed with this answer

  8. Can I switch Attorneys?

    Answered about 1 year ago.

    1. Steven P. Shewmaker
    2. Glen Edward Ashman
    3. Darrell Brinnett Reynolds Sr.
    4. Robert M. Gardner Jr.
    5. Kathryn Mary Holton
    6. ···
    6 lawyer answers

    As others before me have said, YES is the simple, short answer to your question. The more important question is: Should you change attorneys? Your lawyer may not have been prepared. On the other hand, he or she may have not focused on things that you thought were important that to lawyers and judges are unimportant. Possibly your attorney is guilty of not explaining that to you. It is also possible that your agenda was doomed from the start, and the result would have been the same with...

    4 lawyers agreed with this answer

  9. Pregnant by married soldier. Is there any way for him to sign birth certificate without getting in trouble? Also tricare?

    Answered 8 months ago.

    1. Steven P. Shewmaker
    2. Laura Leigh Sammons
    3. Stephen Daniel Benson
    3 lawyer answers

    No one can guarantee you that he will or will not get into trouble with the military. Now, if he were a Colonel or a Command Sergeant Major, there might be more to worry about. But, again, if he is an E-1 through E-5, it's not exactly like you all are planting any flags here. In fact, it's not uncommon at all. He could get (1) counseled in writing (2) administratively separated (3) court martialed (4) or nothing. Whether he signs the birth certificate or not, your baby needs health...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Im facing 2nd degree cruelty to children, Can I get off with probation if I plead under the 1st offender act?

    Answered 2 months ago.

    1. Steven P. Shewmaker
    2. Ashley Whittington McMahan
    3. Benjamin David Goldberg
    3 lawyer answers

    Getting a sentence of probation without any confinement and getting a sentence that includes first offender treatment are two separate things. It is possible that you could be confined for a period of months or years and still get first offender treatment at the end of your sentence. Likewise it is possible that you could get straight probation, no confinement, and still not get first offender treatment. They are separate. Clearly you're goal is to get probation without any confinement time and...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful