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Steven P. Shewmaker
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Steven Shewmaker’s Answers

436 total


  • Can a shoplifting at age 16 be expunged from record in GA?. What options can they have?

    Relative's daughter (16 yo) is caught shoplifting at Kohls in Forsyth county, GA. Got the citation and wait for court date. It's her first offense. What can they expect to happen in court? Will this stay on her permanent record? She is a strai...

    Steven’s Answer

    Yes, hire an attorney. Chances are good that an attorney can get the case dismissed. You are correct that the stakes are too high to not address it promptly and aggressively with an attorney. Many of us on Avvo give free consults.

    Good luck

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  • I was stopped for dui took a blood test came back negative but had nordiazpam lower than the lowest calibrator do I need a lawye

    Was charged with failure 2 maintain lane as well and refused to take test was given one anyway

    Steven’s Answer

    That FACT that you are asking these questions means you need a lawyer. Your description is vague, so it is hard to answer. For example, you say you were cited for failure to maintain lane as well as "refused to take test", but then you mention that you had a blood test anyway. You are all over the place.

    If you were stopped and arrested for DUI, then it is very likely the officer read you an Implied Consent warning. He did this and then asked you to submit to a state test of your blood, breath (first and most likely) or urine. You say you took a blood test which came back low or "lowest". If you were a "refusal" did they take you driver's license? Did they issue you a piece of paper instead of your license?

    These are basic questions that a qualified lawyer would ask you to figure out what exactly is going on here. You need a real lawyer - not an Avvo - commentary, and you need it very soon.

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  • What if I was drive without license in had a blow out on my car, in want to jail. Is that revoking my probation..

    Had a blow out on my car... Need help my probation officer or try to take me to jail....

    Steven’s Answer

    Yes. That could be a problem for you.

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  • How should I proceed?

    I need to ask questions of a lawyer who understands HIPAA related laws, and a little about UCMJ.

    Steven’s Answer

    Sure, many of us on Avvo give free phone consults.

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  • How can i get out early? im currently 3 years in the navy as an e-4

    i just need an answer real quick, im stressed out and i believe this organization is beyond biased.

    Steven’s Answer

    Short answer: See Legal Assistance for a consult regarding hardship discharges. They may be able to come up with some creative way to persuade the Navy to let you go early. It is legal, and that is what they are there for.

    Better Answer: Ride out your time with honorable service. Choose not to reenlist. Move on gracefully in life and join the large number of veterans who have served this country honorably.

    Wacky Answer: Light up a joint in front of the first Captain you come across. This - or equally bad conduct - will get you a less than honorable discharge that will follow you for the rest of the days you walk this Earth. Don't do that. Stick it out. You can make it to the end of your enlistment.

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  • Can my 9-11 GI Bill education benefits passed to my daughter (tuition + housing allowance) be used to reduce my child support?

    The new Post 9-11 GI Bill allows me to transfer my education benefits to my daughter. The program pays for tuition, a housing allowance and some fees. I understand that in Texas, and in many other states, a child attending college is still eligibl...

    Steven’s Answer

    You have a child support obligation for your daughter. As long as your daughter is a minor and in high school (or lower grades) you have a monthly child support obligation - every single month. If you agreed in a court order or were ordered to pay for college support (or are obligated past age 18 while she is in college) then your obligation continues.

    Can you offset your obligation with the GI Bill, assuming you transfer it to yoru daughter?

    Yes you can, if you and her mother do it by agreement. I would prefer that your court order was amended to reflect that agreement.

    Can you go to court - over the mother's objection - and have the judge give you credit for the GI Bill transfer to your daughter? Maybe. To your credit, it is money that you and only you can voluntarily transfer to yoru daughter. (The judge cannot make you do this.) The judge could allow this.

    Could this move backfire on you? Maybe. The judge could say that you and the mother still have to each cover 50% of her college expenses after the GI Bill. Since your transfer is voluntary, I doubt the judge would do this, but it is possible.

    First, figure how much GI Bill you have available to transfer from the VA. Get an estimate and show it to her mother. Estimate how much it is worth and how much you want to offset the chold support.

    I hope this helps.

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  • Is it permissible for a county sheriff department to arrest a retired military officer on child support.

    I have been arrested and charged.,even tghough I am paying through DFAS monthly

    Steven’s Answer

    Yes, it is. Stop worrying about your retired military status. It is not relevant to this. Start focusing on what you are ordered to pay in child support versus what you have paid. Hire a lawyer well versed in family law in your area.

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  • Can you get a court appointed attorney for divorce case?

    I have no money to afford an attorney. My husband has an attorney and filed for divorce against me. Can I get a court appointed attorney for my divorce? There are no issues of child custody.

    Steven’s Answer

    No. You can seek out Atlanta Legal Aid or Gwinnett Legal Aid. If you qualify, they may help you. If you have friends who are attorneys or know attorneys, you can ask for pro bono or reduced fee representation.

    Good luck

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  • How can I get an early discharge from the army?

    I've been in the army for almost 6 months. I cannot adjust to the military lifestyle. The army is not at all what I thought it would be and my job is nothing like what my recruiter explained.

    Steven’s Answer

    Welcome to the club! The military can come as a shock to the system. My first year I did a lot of hard soul searching and growing up.

    Stick it out. If it's not for you, do your time with honor and move on gracefully.

    If you have to get out, see JAG legal assistance section for advice.

    Good luck

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  • If I've violated my probation and is a violent crime how much jail time can i get?

    I have 15 years on probation. And I got arrested and wasnt paying my probation before i got arrested as well. I'm facing new charges and wanted to know how much time if have to do? 90%

    Steven’s Answer

    If it's a general condition - up to 2 years.

    If it's a special condition, up to all remaining.

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