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| Copyright ©2006 by Deming, Parker, Hoffman, Green, Campbell & Daly, L.L.C. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include the above copyright notice. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. |
Green, Campbell & Daly, L.L.C. |
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| Criminal Law |
| Being charged with a crime, whether a minor traffic offense, a DUI, a misdemeanor or a serious felony, is one of the most stressful situations a person can face. Even if charged with a seemingly minor offence, it is imperative that a person seek legal advice to guarantee the best outcome of the case and minimize the adverse impact on you life. For example, |
a conviction for a misdemeanor drug charge may result in forfeiture of your
property, mandatory suspension of your driver’s license, loss of HOPE and other
scholarships, and affect your immigration status if you are not a U.S. citizen. If
charged with any crime, do not ignore the case. Do not think that you can
represent yourself and the truth will win out. Do not wait to contact an attorney.
A proactive approach will give your attorney time to investigate and prepare the
best possible defense on your behalf and can result in a quick and favorable
resolution of your case.
LEGAL RIGHTS
Any time you encounter a police officer, you should be polite. However, you do
not have to agree to anything the officer requests of you. In fact, you do not
have to say anything at all to the officer. It is true that anything you say will be
used against you. Police officers may approach and speak to you for no reason
at all. He may ask you for identification. To detain you, even briefly, an officer
needs a reasonable belief that you are engaged in criminal activity. To arrest
you, an officer must have probable cause that you have committed a crime. If
arrested, an officer may read you Miranda warnings, giving you the right to
remain silent. This is only required if the officer questions you and later wants to
use your answers against you. A blood, breath or urine test does not require
Miranda warnings. Depending on the particular circumstances of your
statement to the police, these warnings may not be required and the statement
may be used against you in court. It is always best to request the presence and
advice of an attorney before giving a statement to the police.
If stopped by an officer, you do not have to agree to let the officer search you.
An officer who suspects you of criminal activity but does not have enough
information to arrest you will ask for permission to search you. If you agree, you
have waived any legal challenge to the results of the search. You may be
tempted to agree to the search to appear cooperative, but you do not have to.
An officer must have probable cause that something illegal is present to search
you. There are numerous exceptions to this rule. However, in Court, the officer
has the burden of proving that he met the exceptions before searching you,
UNLESS you consent to the search.
AFTER ARREST
A bond is the method the Court uses to ensure that you will appear at trial. You
will appear before a Magistrate Judge who will determine if he/she can set a
bond on your case. If so, the Judge will set bond based on the type and
circumstances of the crime you are charged with, your prior record, and your
ties to the community. If you are charged with certain types of felonies, the
Magistrate will not have authority to set a bond. You will then have to petition a
Superior Court judge to set a bond. It is possible for a Judge to refuse to grant
a bond and order you held in custody until your case reaches trial.
After bond is set, you may post bond in three ways.
Rarely, a Judge may grant an Own Recognizance bond, requiring only your
signature.
DUI
In recent years, the enforcement and punishment for the offense of DUI is on the
increase. A conviction for a first time DUI carries minimum sentences, including
loss of license, jail time, and community service. Each subsequent DUI involves
increasingly severe minimum sentences and may involve an ignition interlock
device, the surrender of your license plates, and having your picture published
in the paper.
While the circumstances of each case differ, in general, a police office must
have a reasonable suspicion for stopping your vehicle. The officer must then
show probable cause to arrest you for DUI. This may involve roadside field
sobriety tests or an officer’s observation of your driving prior to stopping you.
After arresting you, the officer will read you Implied Consent warnings, advising
you of your rights to a State test of your breath or blood as well as the option of
an independent test of your own choosing. Each of the officer’s actions may
provide a basis for successfully challenging the charge against you.
It is possible to have your license suspended before even going to court. After
arrest, the officer is supposed to submit a report to the Department of Public
Safety indicating the circumstances of your arrest. If you do not request a
hearing before the Department of Public Safety within 10 days of your arrest,
your license will be suspended for at least one (1) year, depending on your
driving record. If this occurs, the only way to regain your license is to win the
DUI case in court, or have the charge reduced to a non-DUI charge.
The full length and breadth of criminal law is too large to be covered here.
Suffice it to say that any time you are faced with a criminal investigation or
charge, you should contact an attorney to act as a buffer between you and the
resources of the State and to ensure that all of your Constitutional rights are
upheld.
property, mandatory suspension of your driver’s license, loss of HOPE and other
scholarships, and affect your immigration status if you are not a U.S. citizen. If
charged with any crime, do not ignore the case. Do not think that you can
represent yourself and the truth will win out. Do not wait to contact an attorney.
A proactive approach will give your attorney time to investigate and prepare the
best possible defense on your behalf and can result in a quick and favorable
resolution of your case.
LEGAL RIGHTS
Any time you encounter a police officer, you should be polite. However, you do
not have to agree to anything the officer requests of you. In fact, you do not
have to say anything at all to the officer. It is true that anything you say will be
used against you. Police officers may approach and speak to you for no reason
at all. He may ask you for identification. To detain you, even briefly, an officer
needs a reasonable belief that you are engaged in criminal activity. To arrest
you, an officer must have probable cause that you have committed a crime. If
arrested, an officer may read you Miranda warnings, giving you the right to
remain silent. This is only required if the officer questions you and later wants to
use your answers against you. A blood, breath or urine test does not require
Miranda warnings. Depending on the particular circumstances of your
statement to the police, these warnings may not be required and the statement
may be used against you in court. It is always best to request the presence and
advice of an attorney before giving a statement to the police.
If stopped by an officer, you do not have to agree to let the officer search you.
An officer who suspects you of criminal activity but does not have enough
information to arrest you will ask for permission to search you. If you agree, you
have waived any legal challenge to the results of the search. You may be
tempted to agree to the search to appear cooperative, but you do not have to.
An officer must have probable cause that something illegal is present to search
you. There are numerous exceptions to this rule. However, in Court, the officer
has the burden of proving that he met the exceptions before searching you,
UNLESS you consent to the search.
AFTER ARREST
A bond is the method the Court uses to ensure that you will appear at trial. You
will appear before a Magistrate Judge who will determine if he/she can set a
bond on your case. If so, the Judge will set bond based on the type and
circumstances of the crime you are charged with, your prior record, and your
ties to the community. If you are charged with certain types of felonies, the
Magistrate will not have authority to set a bond. You will then have to petition a
Superior Court judge to set a bond. It is possible for a Judge to refuse to grant
a bond and order you held in custody until your case reaches trial.
After bond is set, you may post bond in three ways.
- Paying cash. The money will be returned to you upon the conclusion of
your case; - Post a property bond by giving the Sheriff a lien against the equity in your
real property until the case is resolved; or - Paying a bail bondsman a fee to posts the bond on your behalf. You will
not be reimbursed this money upon the completion of your case.
Rarely, a Judge may grant an Own Recognizance bond, requiring only your
signature.
DUI
In recent years, the enforcement and punishment for the offense of DUI is on the
increase. A conviction for a first time DUI carries minimum sentences, including
loss of license, jail time, and community service. Each subsequent DUI involves
increasingly severe minimum sentences and may involve an ignition interlock
device, the surrender of your license plates, and having your picture published
in the paper.
While the circumstances of each case differ, in general, a police office must
have a reasonable suspicion for stopping your vehicle. The officer must then
show probable cause to arrest you for DUI. This may involve roadside field
sobriety tests or an officer’s observation of your driving prior to stopping you.
After arresting you, the officer will read you Implied Consent warnings, advising
you of your rights to a State test of your breath or blood as well as the option of
an independent test of your own choosing. Each of the officer’s actions may
provide a basis for successfully challenging the charge against you.
It is possible to have your license suspended before even going to court. After
arrest, the officer is supposed to submit a report to the Department of Public
Safety indicating the circumstances of your arrest. If you do not request a
hearing before the Department of Public Safety within 10 days of your arrest,
your license will be suspended for at least one (1) year, depending on your
driving record. If this occurs, the only way to regain your license is to win the
DUI case in court, or have the charge reduced to a non-DUI charge.
The full length and breadth of criminal law is too large to be covered here.
Suffice it to say that any time you are faced with a criminal investigation or
charge, you should contact an attorney to act as a buffer between you and the
resources of the State and to ensure that all of your Constitutional rights are
upheld.
| Attorneys At Law Since 1974 |
| 770-564-2600 Metro Atlanta 912-527-2000 Savannah |