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.
Showing posts with label Arrest. Show all posts
Showing posts with label Arrest. Show all posts
Thursday, February 23, 2012
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.
Wednesday, January 25, 2012
But Can I Get a Bond?
Let's say that you or a loved one was arrested in Georgia. Once he (or she) is processed and booked into the jail, they will be brought before a magistrate court judge for what's known as "First Appearance." At First Appearance, the judge will read out the charges against you and the arresting officer will read out the warrants he swore out for your arrest. You can't get the case dismissed at First Appearance. However, the magistrate will set a bond.
In Georgia, there are certain types of cases that a magistrate court judge is not authorized to set a bond on. Those cases are serious felonies (murder, rape,armed robbery, drug trafficking, and aggravated stalking to name a few) and bond can only be set by a Superior Court judge. In that scenario, you need to hire an Atlanta criminal defense lawyer so he can file a motion to set bond. That motion will allow you to get to court and ask the judge to set a reasonable bond.
Georgia judges are supposed to look at four factors (commonly known as Ayala factors, after the seminal case Ayala v. State) when setting a bond. They are that the person charged:
1) Is not a flight risk;
2) Does not pose a serious threat to the community;
3) Is not a risk to commit a felony while out on bond; and,
4) Is not a risk to intimidate witnesses
That's it. That's all the judge is supposed to consider. The circumstances and facts of the current arrest are irrelevant as far as the setting of a bond is concerned. The purpose of a bond is primarily to ensure that the accused shows up to all future court dates. But of course, as applied, it doesn't always work like that.
Criminal practice is funny that way sometimes.
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, 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.
In Georgia, there are certain types of cases that a magistrate court judge is not authorized to set a bond on. Those cases are serious felonies (murder, rape,armed robbery, drug trafficking, and aggravated stalking to name a few) and bond can only be set by a Superior Court judge. In that scenario, you need to hire an Atlanta criminal defense lawyer so he can file a motion to set bond. That motion will allow you to get to court and ask the judge to set a reasonable bond.
Georgia judges are supposed to look at four factors (commonly known as Ayala factors, after the seminal case Ayala v. State) when setting a bond. They are that the person charged:
1) Is not a flight risk;
2) Does not pose a serious threat to the community;
3) Is not a risk to commit a felony while out on bond; and,
4) Is not a risk to intimidate witnesses
That's it. That's all the judge is supposed to consider. The circumstances and facts of the current arrest are irrelevant as far as the setting of a bond is concerned. The purpose of a bond is primarily to ensure that the accused shows up to all future court dates. But of course, as applied, it doesn't always work like that.
Criminal practice is funny that way sometimes.
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, 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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