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.
  1. Paying cash. The money will be returned to you upon the conclusion of your case;
  2. Post a property bond by giving the Sheriff a lien against the equity in your real property until the case is
    resolved; or
  3. 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 officer 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.

Practice Areas
Deming, Parker, Hoffman, Campbell & Daly, L.L.C.
Attorneys At Law Since 1974    
770-564-2600 Metro Atlanta  912-527-2000 Savannah
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