Let's say you got arrested, but made bond shortly after you got arrested. What happens next?
In Georgia, if you are released on bond, you waive your right to a preliminary hearing. This is also called a probable cause hearing. You won't get notified of a court date until your case has been indicted. This could be several weeks (or even months) after the initial arrest. Your case in all likelihood is not going away. Sooner or later, you will be indicted and called into court. This time can be the key to securing your freedom, if used correctly.
The first thing you should do is hire a criminal defense attorney. A skilled defense attorney can immediately start mounting a defense to your case during this critical time. He can track down and interview witnesses that can help your case. He can conduct his own investigation which will allow you to refute the State's evidence against you. Most importantly, he can become intimately familiar with the facts of your case, and research the applicable case law. He can then develop your defense and some creative motions that may help keep critical evidence from being admitted against you.
The worst thing to do at this time is to do nothing. By doing nothing, crucial evidence can be destroyed. Witnesses that could help exculpate you may become nearly impossible to find when your case finally gets called in several weeks or months later. And certainly don't wait until you've received notice of your arraignment date to start working on your case and finding a lawyer. That can be a recipe for disaster.
Atlanta criminal defense lawyer Todd E. Barbee defends people charged with felonies, misdemeanors, traffic and DUI charges in Atlanta, Decatur, Stockbridge, Conyers, and Fayetteville, GA. Atlanta criminal defense lawyer Todd E. Barbee also defends people charged with crimes in Fulton, DeKalb, Clayton, Cobb, Cherokee, Fayette, and Henry Counties. We are available day or night, weekdays or weekends. Call The Barbee Law Firm for a free consultation (404) 855-3838.
Thursday, February 23, 2012
Wednesday, February 22, 2012
But They Ain't Read Me My Rights!!
This is a frequent claim I hear from clients during the initial interview in my office or at a visit at a local jail. Thanks to shows like Southland and Law and Order, it's popular belief that if you are placed under arrest, the police officer must "read you your rights".
The "rights" that people are referring to are the Miranda warnings, so named from the seminal Supreme Court case Miranda v. Arizona. As a result of the ruling in that case, police are required to tell you that you have the right to remain silent, that anything you say will be used against you in court, and that you have the right to an attorney. However, those rights only apply if a custodial interrogation is taking place.
There are two aspects to that requirement - 1) You must be "in custody" and 2) You must be "interrogated." If those two requirements are not met, Miranda does not apply, and anything you tell the police will be considered an admission and used against you in prosecution. Unfortunately, when the cop places you in handcuffs and stuffs you in the back seat of a patrol is not considered to be "in custody" under the law. This means that Officer Friendly doesn't have to read you your rights the second he slaps the cuffs on you. That only happens on TV.
The best advice I can give anyone who has been arrested or has a loved one who has been arrested is to keep your mouth shut and call an Atlanta criminal defense lawyer immediately.
Atlanta criminal defense lawyer Todd E. Barbee defends people charged with felonies, misdemeanors, traffic and DUI charges in Atlanta, Decatur, Stockbridge, Conyers, and Fayetteville, GA. Atlanta criminal defense lawyer Todd E. Barbee also defends people charged with crimes in Fulton, DeKalb, Cobb, Cherokee, Clayton, Fayette, and Henry Counties. We are available day or night, weekdays or weekends. Call The Barbee Law Firm for a free consultation (404) 855-3838.
The "rights" that people are referring to are the Miranda warnings, so named from the seminal Supreme Court case Miranda v. Arizona. As a result of the ruling in that case, police are required to tell you that you have the right to remain silent, that anything you say will be used against you in court, and that you have the right to an attorney. However, those rights only apply if a custodial interrogation is taking place.
There are two aspects to that requirement - 1) You must be "in custody" and 2) You must be "interrogated." If those two requirements are not met, Miranda does not apply, and anything you tell the police will be considered an admission and used against you in prosecution. Unfortunately, when the cop places you in handcuffs and stuffs you in the back seat of a patrol is not considered to be "in custody" under the law. This means that Officer Friendly doesn't have to read you your rights the second he slaps the cuffs on you. That only happens on TV.
The best advice I can give anyone who has been arrested or has a loved one who has been arrested is to keep your mouth shut and call an Atlanta criminal defense lawyer immediately.
Atlanta criminal defense lawyer Todd E. Barbee defends people charged with felonies, misdemeanors, traffic and DUI charges in Atlanta, Decatur, Stockbridge, Conyers, and Fayetteville, GA. Atlanta criminal defense lawyer Todd E. Barbee also defends people charged with crimes in Fulton, DeKalb, Cobb, Cherokee, Clayton, Fayette, and Henry Counties. We are available day or night, weekdays or weekends. Call The Barbee Law Firm for a free consultation (404) 855-3838.
Tuesday, February 7, 2012
Effects of Georgia's Super Speeder Law
Georgia's "super speeder" law went into effect in January 2010. If you drive with the pedal to the metal, the law could have dire consequences both financially and on your ability to drive. The super speeder law imposes a mandatory $200 fine on anyone driving 85 miles per hour or more on any street or highway in Georgia or 75 miles per hour on any two-lane road or highway. The $200 fine is in addition to any other fines, penalties or court costs you would have to pay.
Failure to pay the additional fine within 90 days after conviction will result in the suspension of your driver's license and triggers a $50 reinstatement fee.
The consequences are worse if you're convicted of violating the super speeder law and you're under 21. For those folks, a super speeder conviction means an automatic suspension of your license and driving privileges for six months. A second conviction under the super speeder statute suspends your license for 12 months if you are under 21 at the time of conviction.
Of course, this doesn't include the collateral consequences of a getting a super speeder ticket. Your insurance rates will increase dramatically. Or worse, your insurance company could decide to drop you altogether.
If you have a super speedy, or any ticket for that matter, your best course of action is to hire an Atlanta ticket lawyer. A lawyer may not be able to get the charges dismissed, but he may very well be able to get the ticket reduced to a lesser speed. That would result in lower fines, lower insurance rates, and most importantly, may save your license.
Atlanta criminal defense lawyer Todd E. Barbee defends people charged with felonies, misdemeanors, traffic and DUI charges in Atlanta, Decatur, Stockbridge, Conyers, and Fayetteville, GA. Atlanta criminal defense lawyer Todd E. Barbee also defends people charged with crimes in Fulton, DeKalb, Clayton, Cobb, Cherokee, Fayette, and Henry Counties. We are available day or night, weekdays or weekends. Call The Barbee Law Firm for a free consultation (404) 855-3838.
Failure to pay the additional fine within 90 days after conviction will result in the suspension of your driver's license and triggers a $50 reinstatement fee.
The consequences are worse if you're convicted of violating the super speeder law and you're under 21. For those folks, a super speeder conviction means an automatic suspension of your license and driving privileges for six months. A second conviction under the super speeder statute suspends your license for 12 months if you are under 21 at the time of conviction.
Of course, this doesn't include the collateral consequences of a getting a super speeder ticket. Your insurance rates will increase dramatically. Or worse, your insurance company could decide to drop you altogether.
If you have a super speedy, or any ticket for that matter, your best course of action is to hire an Atlanta ticket lawyer. A lawyer may not be able to get the charges dismissed, but he may very well be able to get the ticket reduced to a lesser speed. That would result in lower fines, lower insurance rates, and most importantly, may save your license.
Atlanta criminal defense lawyer Todd E. Barbee defends people charged with felonies, misdemeanors, traffic and DUI charges in Atlanta, Decatur, Stockbridge, Conyers, and Fayetteville, GA. Atlanta criminal defense lawyer Todd E. Barbee also defends people charged with crimes in Fulton, DeKalb, Clayton, Cobb, Cherokee, Fayette, and Henry Counties. We are available day or night, weekdays or weekends. Call The Barbee Law Firm for a free consultation (404) 855-3838.
Wednesday, February 1, 2012
How Do I Get My Record Expunged?
A popular question for people arrested and charged with crimes is whether they can get their record expunged. In Georgia, if you are convicted of a crime - even if you pled to a reduced charge or entered a nolo plea - you are not eligible for expungement. However, if your case was dismissed ("nolle prossed"), or you entered into some sort of diversion program instead of entering a plea and your case was placed on a dead docket, you are eligible for expungement.
You can get the arrest expunged; however, law enforcement officers will still be able to see that you were arrested before. Importantly, regular companies that do background checks for hiring or to rent an apartment will not be able to access the arrest once it is expunged.
To get an expungement in Georgia, it's best to contact an Atlanta criminal defense attorney as soon as possible. The first thing an attorney will do is contact the agency that performed the arrest and request an expungement. The arresting agency will then contact the prosecutor's office that brought charges against you. If they determine that the case is eligible for expungement, they will forward the form to the Georgia Crime Information Center (GCIC). The GCIC will then remove your arrest from your criminal record. Again, law enforcement agencies will still be able to access the information, but companies that seek background checks as part of the hiring process will not.
Atlanta criminal defense lawyer Todd E. Barbee defends people charged with felonies, misdemeanors, traffic and DUI charges in Atlanta, Decatur, Stockbridge, Conyers, and Fayetteville, GA. Atlanta criminal defense lawyer Todd E. Barbee also defends people charged with crimes in Fulton, DeKalb, Cobb, Cherokee, Clayton, Fayette, and Henry Counties. We are available day or night, weekdays or weekends. Call The Barbee Law Firm for a free consultation (404) 855-3838.
You can get the arrest expunged; however, law enforcement officers will still be able to see that you were arrested before. Importantly, regular companies that do background checks for hiring or to rent an apartment will not be able to access the arrest once it is expunged.
To get an expungement in Georgia, it's best to contact an Atlanta criminal defense attorney as soon as possible. The first thing an attorney will do is contact the agency that performed the arrest and request an expungement. The arresting agency will then contact the prosecutor's office that brought charges against you. If they determine that the case is eligible for expungement, they will forward the form to the Georgia Crime Information Center (GCIC). The GCIC will then remove your arrest from your criminal record. Again, law enforcement agencies will still be able to access the information, but companies that seek background checks as part of the hiring process will not.
Atlanta criminal defense lawyer Todd E. Barbee defends people charged with felonies, misdemeanors, traffic and DUI charges in Atlanta, Decatur, Stockbridge, Conyers, and Fayetteville, GA. Atlanta criminal defense lawyer Todd E. Barbee also defends people charged with crimes in Fulton, DeKalb, Cobb, Cherokee, Clayton, Fayette, and Henry Counties. We are available day or night, weekdays or weekends. Call The Barbee Law Firm for a free consultation (404) 855-3838.
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