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 Atlanta criminal lawyer. Show all posts
Showing posts with label Atlanta criminal lawyer. Show all posts
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.
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.
Monday, January 23, 2012
Top 5 Things to do When Stopped by Police for DUI
It's Friday night. You want to celebrate the end of the week with a few drinks after work. One drink turns into two. Two turns into four. A few hours later, you hop in the car and head home. Five minutes from your doorstep, you see them in your rear view window. The dreaded blue lights. What do you do?
1. Don't panic. Pull over to the side of the road.
That one's pretty self explanatory. Certainly do not start a high speed chase with the cops. Those never end well. Trust me.
2. When the officer approaches, hand him your license, registration, and proof of insurance. Don't say anything.
Here's where it can get a little tricky. The cop is looking for a reason to further detain you or to search your car. Trying to see if you got alcohol on your breath, or if the car smells like "burnt marijuna." If he asks, "You know why I pulled you over?", say no, and hand over your documents. Look straight ahead. Don't engage in conversation. You don't have to talk to him. But be respectful. If he asks where you've been or where you're headed, simply say I'd prefer not to answer any questions. Again, you don't have to talk. Anything you say will only hurt your situation.
3. If asked, do not blow into a breathalyzer machine.
Especially if you're to' up from the flo' up. (That means really, really drunk) All you're going to do by blowing is building the case against yourself. However, under Georgia's implied consent law, refusal to submit to a breath test will be suspended for a minimum period of one year. You must request a hearing within 10 business days or you will automatically lose your driving privileges for one year. If you want to keep driving legally, it is of the utmost importance that you contact an Atlanta DUI lawyer immediately.
4. When asked to perform a field sobriety test, politely say, "No."
If you followed tip #3 from above, Officer Friendly will ask you to perform field sobriety tests. Politely refuse. Your actions are being recorded, and a video recording of you struggling to perform a field sobriety test will only complicate matters down the road. The cop is looking for a reason to arrest you for drunk driving. Don't give him one.
5. If asked if you've been drinking or how many drink you've had, politely say that you don't want to answer any questions.
This ties back into Tip #2. Georgia courts don't consider roadside conversations with police officers as an "interrogation", so your Miranda rights don't apply (You know, like on Law and Order. You have to the right to remain silent, anything you say can and will be held against you in a court of law...) Which brings me to this important point. Anything you say at this is considered an "admission" and will be used against you when charges are brought. So telling the officer, "I only had a couple of beers" will only help establish probable cause, and further help prove that you were driving under the influence. So be on the safe side, and don't say anything. It could be the difference between a conviction, and keeping your record clean.
Atlanta criminal defense lawyer Todd E. Barbee defends people charged with felonies, misdemeanors, traffic and DUI charges in Atlanta, Decatur, Stockbridge, Conyers, and Fayettevile, 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.
1. Don't panic. Pull over to the side of the road.
That one's pretty self explanatory. Certainly do not start a high speed chase with the cops. Those never end well. Trust me.
2. When the officer approaches, hand him your license, registration, and proof of insurance. Don't say anything.
Here's where it can get a little tricky. The cop is looking for a reason to further detain you or to search your car. Trying to see if you got alcohol on your breath, or if the car smells like "burnt marijuna." If he asks, "You know why I pulled you over?", say no, and hand over your documents. Look straight ahead. Don't engage in conversation. You don't have to talk to him. But be respectful. If he asks where you've been or where you're headed, simply say I'd prefer not to answer any questions. Again, you don't have to talk. Anything you say will only hurt your situation.
3. If asked, do not blow into a breathalyzer machine.
Especially if you're to' up from the flo' up. (That means really, really drunk) All you're going to do by blowing is building the case against yourself. However, under Georgia's implied consent law, refusal to submit to a breath test will be suspended for a minimum period of one year. You must request a hearing within 10 business days or you will automatically lose your driving privileges for one year. If you want to keep driving legally, it is of the utmost importance that you contact an Atlanta DUI lawyer immediately.
4. When asked to perform a field sobriety test, politely say, "No."
If you followed tip #3 from above, Officer Friendly will ask you to perform field sobriety tests. Politely refuse. Your actions are being recorded, and a video recording of you struggling to perform a field sobriety test will only complicate matters down the road. The cop is looking for a reason to arrest you for drunk driving. Don't give him one.
5. If asked if you've been drinking or how many drink you've had, politely say that you don't want to answer any questions.
This ties back into Tip #2. Georgia courts don't consider roadside conversations with police officers as an "interrogation", so your Miranda rights don't apply (You know, like on Law and Order. You have to the right to remain silent, anything you say can and will be held against you in a court of law...) Which brings me to this important point. Anything you say at this is considered an "admission" and will be used against you when charges are brought. So telling the officer, "I only had a couple of beers" will only help establish probable cause, and further help prove that you were driving under the influence. So be on the safe side, and don't say anything. It could be the difference between a conviction, and keeping your record clean.
Atlanta criminal defense lawyer Todd E. Barbee defends people charged with felonies, misdemeanors, traffic and DUI charges in Atlanta, Decatur, Stockbridge, Conyers, and Fayettevile, 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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