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John Clinton McCaffery

John McCaffery’s Answers

9 total

  • Do I need to hire a lawyer to do a first time child support modification?

    My ex husband is not even paying me what he should be paying based on our income now and he has since received a promotion and is not willing to come to an agreement on child support. After doing the worksheet for the state of Georgia it appears ...

    John’s Answer

    You don't need an attorney to file any legal action. You are always entitled to represent yourself. You will be referred to as being 'pro se' which means that you are unrepresented and representing yourself. It may not be a good idea, however, to represent yourself in a Modification of Child Support Action.

    It is possible that attorney fees could be recovered from the other party in a Modification of Child Support action if you prevail. If you are owed back child support, some attorneys will accept a contingency fee based on the arrearage.

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  • What class is is a aggravated assault and aggravated battery. 1, 2 OR 3

    WHAT CLASS IS AN AGGRAVATED ASSAULT AND AGGRAVATED BATTERY CARRY. 1, 2 OR 3

    John’s Answer

    Aggravated Battery is a Felony in Georgia

    An Aggravated Battery is malicious bodily harm resulting in loss of the use of a body part or serious disfigurement.

    Depending upon the circumstances, you could receive a sentence of 1-20 years, 3-20 years, 5-20 years, or 10-20 years for this felony offense.

    A conviction of Family Violence aggravated battery carries a prison term of 3-20 years.

    Aggravated Assault is a Felony in Georgia

    An aggravated assault occurs when you assault someone:

    1) With intent to murder, rape, or rob;
    2) With a deadly weapon; or
    3) Fire at persons from a moving vehicle.

    Depending upon the circumstances, an aggravated assault is a felony for which you could receive a sentence of 1-20 years, 3-20 years, or 5-20 years.

    A conviction for Family Violence Aggravated Assault is a felony punishable by 3-20 years.

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  • How do I go about finding a lawyer for an expunge? .

    I was falsely accused of a crime, then indicted. I was willing to take my case to trial to prove my innocence, however, the prosecutor decided not to pursue my case. As a result, the case was disposed. Now my primary focus is trying to take the c...

    John’s Answer

    Contact a criminal defense attorney in Georgia.

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  • How long would I have to stay in jail to get off probation?

    I was put on probation for a year in DeKalb County, Georgia for possession of marijuana(less than a oz).. I had a nick to be exact. I started reporting to my probation officer 12-2010 now its 3-2011 and I failed two drug tests for marijuana. I hav...

    John’s Answer

    If you were placed on probation for one year, the judge may revoke whatever portion of your sentence has not been served on probation. It appears from your question that you served approximately three months of the twelve month sentence meaning that nine months remain. The judge could sentence you to serve the remaining nine months.

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  • With a parenting plan in place, what can i do to enforce my ex to let me see my children? what forms would i need to file?

    i don't have money for a lawyer. i live 4 hrs away from my kids. the mother claims im not consistent with my contact but she wont give me a phone # to call. my mother provides my son with a phone but his mother wont let me call w/o having to deal ...

    John’s Answer

    If you want to enforce the Parenting Plan as it exists and you believe that the Mother is not in acting in compliance with the Parenting Plan, your recourse is to file a Motion for Contempt. Unless you file a Motion for Contempt the Court does not know that there is any problem in implementing the Parenting Plan.

    In addition, in a Modification of Custody action, your eldest son at 15 is of sufficient age to choose his custodial parent. The 13 year old is entitled to make his selection known, however, the judge is not required to follow his selection.

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  • I plead guilty to a domestic violence charge in 2004 I went back to court a couple of times until they told me my case was dead

    docket.Does a dead docket mean it was expunged an if not can it be...

    John’s Answer

    Entry of an Order of Dead Docket closed your criminal case. The order is not an expungement. You may be eligible to have the arrest expunged from your record.

    In Georgia, an individual may qualify for record expungement if the individual was "released by the arresting agency without such offense being referred to the prosecuting attorney for prosecution" or if the charges were dismissed by the prosecutor. OCGA 35-3-37(d)(1). A person seeking expungement must have "no other criminal charges pending" and "the individual has not been previously convicted of the same or similar offense under the laws of this state, the United States, or any other state within the last five years, excluding any period of incarceration." OCGA 35-3-37(d)(3).

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  • My husband got married in another state while he still married to me in geeorgia, what are the steps i should take.

    I need to know What do I need to do about my husband who married someone else in another state while we are still married. we have been separated but not divorced.

    John’s Answer

    Your marriage, if valid at that time you were married, remains a valid marriage.

    His new marriage may not be valid. Because he is married, he lacks the capacity to enter a new marriage. He may also be subject to criminal prosecution for bigamy.

    The validity of the new marriage does not effect the validity of your marriage. A divorce must occur to end your marriage.

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  • About how much child support would I have to pay if we both make $5,300 a month and she she wants joint legal custody?

    Child support for parents who make the same.

    John’s Answer

    The child support you will pay will be determined by the Child Support Worksheet prepared in your case. Combined gross income is one of the variables used in determining child support. Two other important variables are health insurance costs for the child and work related day care expenses for the custodial parent

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  • I plead not guilty to two traffic violations and then was unable to attend my final court date, what do I do now?!!

    I plead not guilty to two different traffic violations, Driving Without Insurance and Failure to Obey a Traffic Signal. I appeared on-time for my first two appearances, and on my trial date, I was unable to attend due to my car not starting. I am...

    John’s Answer

    The first step is to contact the Clerk of Court and find out their procedures for handling failure to appear cases. Some traffic courts will allow you to simply reschedule, some will require that you post a bond, and others will require that a Motion to Set Aside be filed.

    The Clerk of Court will report your failure to appear to the Department of Driver's Services which will suspend your driver's license. You should attend to this matter as quickly as possible.

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