Skip to main content
Steven P. Shewmaker

Steven Shewmaker’s Answers

542 total

  • 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.

    See question 
  • 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.

    See question 
  • What % of military pension is wife able to collect or ask for in divorce? Is wife able to be put sole recipient of death benefit

    Served divorce papers. Spouse is retired military 4 years active 22 reserve. currently on SSDI (not military based) will be collecting pension in Dec. of 2016. wife #4 is on SSDI and is collectively married 11 years (divorced in 2010 remarried in ...

    Steven’s Answer

    1. Federal law leaves matters of military pension division up to the state divorce court, except:

    A. The DFAS won't make a direct payment of awarded pension to you if total marriage is less than ten years.

    B. The DFAS won't pay you directly more than 50% of pension as property division.

    2. How much you get is determined by state law.
    3. State law varies, so speak to a smart attorney in your state.
    4. This is too complicated to do over Internet forums. Get a face to face consult.

    See question 
  • What happens if i decide to leave army like right today? Is there any breach of contract penalty that i need to pay or anything?

    I have a masters degree, worked in IT for more than 4 yrs. When i decided to join the Army i was told there are lot of software jobs. At the time of enlistment the only job that was offered was FOOD SERVICE SPECIALIST(cook). When i was hesitant to...

    Steven’s Answer

    What Bill and Ryan say is correct, although Ryan's version is a bit dramatic and reads like a John Grisham novel.

    Articles 85 (desertion) and 86 AWOL apply. Their maximum punishments vary and vary again depending upon whether you are apprehended or not.

    Either can be subject to a general court martial. Either could result in a confinement term exceeding one year, so potentially this is felony level criminal activity.

    Funny thing is that you are DoD property right now. Desert now and get caught in fifty years, and still you must return to Uncle Sam and face the music. You only beat that by never being caught or some virus takes out 99% of us, society withers away, so it goes for the Army and you and Will Smith are left picking corn in Times Square.

    No. Go to work. Hold your head up high! Do your best. Smile a lot. Serve your Country. Afterwards you join the ranks of many many who did the same.

    Life is long. Make the right decisions.

    See question 
  • Is there a chance of going back to court to address the retirement pay?

    When i divorced my husband, we were both on active duty. Military retirement wasnt addressed. Now, im a disabled veteran while he has retired. We were married for over 10 years, half of which i stayed at home. During that time he went from an...

    Steven’s Answer

    Most likely, any petition for reconsideration will be denied. The general principals at work here are called res judicata, which means the matter is resolved finally. In practical terms, it is easy for the judge to say that the matter is long closed and the failure to address the military pensions acts as a mutual waiver by each of you to the pensions of the other. You would have to attack the very validity of the divorce and, in effect, argue that it should be set aside as void because the court (and the parties) failed to address an essential matter (i.e addressing all property and the division of it). I am not licensed in Alaska, but you will need to consult with an experienced domestic attorney about this. Make sure you address the failure to address the pensions, make sure the attorney is well versed in military pensions and post-trial matters. You may also want to ask the attorney about Alaska's rule of civil procedure, 6(b) which allows the judge to order extraordinary relief in special circumstances. That is about all I can offer. Good luck to you.

    Steve Shewmaker

    See question 
  • I want to enlist in the air force but my wife is an undocumented alien.

    I want to enlist in the air force but my wife is an undocumented alien. I've read that the parole in place will give her rights to stay in the Country and not be deported, for those in active duty, however I'm Not active duty so can I still join? ...

    Steven’s Answer

    Step 1: Talk to an immigration attorney.
    Step 2: Talk to the recruiter.

    The attorney will want to help you.
    The recruiter will want to help himself.

    See question 
  • So what should i do now

    while i was on leave i got messaged on Facebook by someone asking me was i in the area. i reply yes. that say that my Co wanted to talk to me and when i asked why they told me i was under investigation for a sharp compliant, now its been 26 days s...

    Steven’s Answer

    1. Go see Trial Defense tomorrow.
    2. If TDS doesn't give you the good vibe, seek counsel. Many of us in Avvo will consult by phone.
    3. Do not make any statements to friends, neighbors, coworkers, etc. Nobody is your trusted confidant. No email, no text, no Facebook, nothing.
    4. Do not speak to your command chain about it, even if they ask.
    5. Do not speak to CID. Do not take their polygraph when they tell you a passing score will clear you. Just say no thanks.

    See question 
  • What can be the outcome of my military career

    I have one reckless driving 5 years before I join the army and now 8 years later got a new one for speeding 27 over the speed limit while serving. For a few seconds I wasn't paying attention to my speed because I was close to home for Christmas

    Steven’s Answer

    Here it is, by the numbers.

    1. Find a really good traffic/DUI attorney in the area. I know it is not a DUI, but just trust me, the best traffic/DUI attorney.
    2. Do not talk about this with your chain of command. Mums the word.
    3. Get your attorney to bargain for the maximum amount of pain upon you, max fine, max community service, max driver awareness training, etc. etc. In exchange, get this reduced to something like "too fast for conditions" or something less than reckless driving.
    4. Go get a massage or something, relax. As Bill said, unless this involves alcohol, drugs or five transvestite midget strippers in the car at the time of the stop, you are most likely going to be just fine.

    See question 
  • I don't know what to do. We live in military paid accommodation do I stay till he leaves me, I am confused any opinions pls.

    My husband who is in the military has told me that he wants a divorce. He will retire from the service in six months and he says that he will leave me after his retirement.

    Steven’s Answer

    Well, I don't mean to split hairs here. You are not entitled to his retirement any more than he is. The state court judge has the authority to award all of the military retirement earned during the marriage to you or to him. You are entitled to ask the judge to award you half of what was earned during the marriage. You don't say how long you overlap of marriage to his service is. BUT, as a practical matter, many judges will award you half of what was earned during the marriage becasue it is fair, and it is probably the largest asset in the marriage. WHAT YOU NEED TO DO IS SCRAPE UP A COUPLE HUNDRED DOLLARS and GO MEET WITH A REAL LAWYER. There is a big difference between what we can tell you on this forum with such limited information and what a lawyer in the same room can tell you after an hour of question and answer.

    I am always happy to help, but I am neither licensed in Virginia nor privy to the level of detail I need to give you a real assessment of your situation. Right now, you are scared mostly because of what you do not know. A meeting with a lawyer will change that. I wonder how he will feel when he realizes that half of his pension is about to evaporate?

    Steve Shewmaker

    See question 
  • Do I have rights to defend myself of being kicked out of national guard I just received a letter I beleave there is a process

    My life was changed due to them doing what they did

    Steven’s Answer

    Do you have a right to defend yourself? Yes. Now, if you have less than six (6) years of total service and they are discharging you for a valid reason and the discharge will be honorable or general under honorable conditions, then you have no right to a board; however, even then you have a right to submit a letter in your defense and the right to ask that the commander meet with you. If you have more than six years, you have a right to a board which will decide whether the command has good cause to separate you. Finally, no matter your years of service, if the command seeks to separate you with an other than honorable characterization of service, then you have an absolute right to a board to consider the basis and the evidence. In any case, you need an attorney. You will have the right to free, appointed government counsel (A Judge Advocate officer); however, you also have every right to hire a private attorney to work with or in place of the appointed counsel. Many of us on Avvo give free telephone consultations. Many of us on Avvo have websites you can loo at as well. Good luck to you.

    See question