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Gainesville DUI Lawyers

1. Brannon, Richardson: both civil and criminal cases in Georgia
2. Rohan, Michelle: If you have been charged with Driving Under the Influence it is important that you contact legal representation right away. Request a free consultation as soon as possible to be certain that your rights are protected and you have legal defense in your case.
3. Bleakfield & Dean: Our Constitution guarantees each and every citizen accused of a crime the right to a lawyer and the presumption of innocence unless proven guilty in a court of law.
4. Brownell, William: Criminal Law Criminal Defense: All Felony and Misdemeanor trials in all Georgia Superior and State Courts, including: Capital, Death Penalty and Murder Charges; Drug Charges; Robbery Charges, Theft & Fraud Charges, Assault Charges; Weapons Charges; DUI Charges and all other criminal charges. Appeals from criminal convictions in all Georgia Superior and State courts.
5. Schackow Mercadante & Edwards : Defense Against Driving Under the Influence Charges First things first: if you have been arrested for driving under the influence of alcohol or drugs in Florida, you need to talk to a lawyer quickly. You only have 10 days to request a hearing with the DMV or your driver's license will automatically be suspended. People arrested for DUI in Florida face costly penalties, even for a first-time offense. Those penalties include driver's license suspension, one year supervised probation, a 10-day vehicle impoundment, 50 hours of community service, a $250 fine to $500 fine, court costs of about $1,000, participation in an alcohol and substance abuse treatment program, random alcohol and drug testing, and high-risk auto insurance. Many people convicted of DUI or DWI end up losing their jobs. When the consequences are this high, it only makes sense to talk to a lawyer to find out if you have a valid defense. Representing You in Your DMV Case Hiring a lawyer to represent you doesn't guarantee that you can prevent the DMV from suspending your driver's license. However, it allows you to exercise your right to a defense. At your hearing, your attorney can cross-examine the police officer to find out if your rights were violated or if proper police procedures weren't followed. Representing you in your DMV hearing allows us to be proactive in planning your defense. Defenses in DUI cases Even if you were drinking or using drugs, that doesn't necessarily mean the state can convict you of DUI. The issue is not whether you had been drinking or using drugs. The issue is whether you were drinking or using drugs to the extent that you were impaired and whether can the state prove it. Most people accused of drunk driving don't know their constitutional rights. For example, the police can't pull you over unless they have a valid and legal reason for doing so. If you are pulled over, you are not required to take a field sobriety test. We advise our clients not to take either the field sobriety test or the breathalyzer test. Even if you did take the tests, the results can be challenged for technical reasons.
6. Coleman and Chambers: For most people who have been charged with DUI, a DUI arrest is their first and only encounter with the criminal justice system. Make sure you understand the consequences of a convictionÑthe loss of driving privileges, heavy fines, mandatory classes, increased insurance rates, community service, even jail time.
7. Jeffrey Talley:

   About Criminal Law

   Introduction

   The criminal justice system protects us by arresting and jailing criminals. Yet not everyone who is arrested is the bad guy. Someday, you, a family member, or a close friend may be accused of committing a crime and be arrested. This information provides an overview of the rights of those who have been arrested and explains how your lawyer can help protect your rights.

   Arrest by Law Enforcement Officers

   In an arrest, a law enforcement agent, such as a police officer, a sheriff, or a state trooper constrains your freedom of movement because of your possible involvement in a criminal offense. In some cases, the arresting officer may take you into custody; in others, you may be stopped, verbally or physically, so that you can be questioned about a crime.

   An arrest warrant is a written order by a judge directing the police to arrest the person named in the warrant. If a warrant for your arrest has been issued, the police may arrest you in your home or in a public place. At the time of your arrest, the officers making the arrest should tell you that they have a warrant and show it to you.

   The police can also arrest you without a warrant if they have reason to believe that you have committed a felony, such as robbery, murder or drug offenses. If you are arrested without a warrant for a felony or a misdemeanor, you are entitled to a prompt hearing to determine whether the officers had the minimum level of evidence required for a legal arrest.

   Search

   Ordinarily, the police must have a search warrant before conducting a search. However, after you have been arrested, the police may search you and the immediate area around you without a warrant if they reasonably suspect that you may be armed. A search is also permitted when the police see contraband at the tie of making an arrest. If the police find something that it is a crime to possess, such as a gun or drugs, they may take it and arrest you for possessing it. The police may also take your money and property from you to keep in a safe place until it can be returned to you or used as evidence. If possible, try to verify that all of the items taken from you are inventoried on a written list.

   Getting Legal Assistance

   You are entitled to telephone a lawyer, a friend, or a family member to notify them of your arrest. You have the right to consult with a lawyer and have him or her present when the police question you. The best practice is to remain silent until your lawyer is present since any statement that you make can be used as evidence against you. If you cannot afford to hire an attorney, you are entitled to a court-appointed lawyer. Depending on local procedures, the court may appoint a private attorney, a lawyer from a legal aid society, or a public defender. The police are required to notify you of these rights before questioning you. Ordinarily they are recited during the confusion of the arrest. Remember them. They may become critical to your defense later on.

   Even if you declined a lawyer at the time of arrest, you retain the right to have a lawyer at any time after being arrested. You should seek the advice of a lawyer at the earliest possible time to avoid incriminating yourself, to get released from custody, to decide how to plead, and to prepare for your trial.

   If you are called by a family member or a friend who has been arrested, remind them that they have a right to a lawyer and that they do not have to respond to police questioning until the lawyer is present. If a lawyer has been engaged, the person who has been arrested should let the police know that they claim the right to counsel and that a lawyer is on the way.

   Being Taken Into Custody

   After you have been arrested, you may be taken into custody and brought to a detention facility. At the detention facility, your arrest will be registered into police records and you may be fingerprinted and photographed. After you have been taken into custody, you or your lawyer can make arrangement for your release while you are waiting for your trial.

   You may be asked to participate in a lineup. This is a procedure in which several people, including one or more suspects, are shown to victims or witnesses of a crime to see if they can identify the one who committed it. If you are asked to participate in a lineup, you have a right to have your attorney present.

   If you are confined in a detention facility, it may be several hours to a couple of days before you appear before a judge who can consider releasing you. Do your best to stay calm, and do not discuss the circumstances of the alleged crime with others. Any statements you make may be reported to the police and used against you.

   If you are accused of a less serious crime, such as a minor traffic violation, the police may ask you to sign a citation instead of taking you into custody. If you sign the citation, you are promising to appear in court, but you are not admitting guilt. If you have no identification or refuse to sign the citation, the police may take you into custody.

   Getting Released From Custody

   After the arrest, you will be brought before a judge to be formally charged with a crime and provided an opportunity to be released while awaiting a trial. If you appear in court without a lawyer, the judge must allow you a reasonable time to find one before proceeding with the case. You might be required to post bail, or you may be released on your promise to appear in court. Bail is money or other property deposited with the court to ensure that you will appear for your trial. To decide whether to require bail, the judge will consider various factors, such as your family ties, financial resources, employment record, and the seriousness of the crime you have been charged with.

   Being Detained

   You can be detained without being arrested if the police suspect that you are engaging in criminal activity or that you might be armed. For example, the police may ask you to identify yourself and conduct a limited search for weapons if they observe you pacing in front of a closed store in the dark. Or a store owner or employee might detain you for a reasonable time for questioning if they have a strong reason to believe that you have stolen or have attempted to steal something.

   Conclusion

   For people who have never before faced criminal charges, an arrest can be a frightening experience. The stress of the arrest may cause you, your family members, or friends to overlook important matters, such as the right to remain silent and the right to advice from a lawyer. If you are arrested, you should consult a lawyer as soon as possible in order to protect your rights and defend yourself against the charges made against you. He or she can also negotiate on your behalf with the police and the prosecutor and advise you of the risks and advantages of cooperating with the authorities. Your lawyer can also help you with the bail process. If you cannot afford to hire a lawyer, you may ask the judge to appoint a court-paid lawyer for you.

   Above all, do your best to stay calm. An arrest is not a conviction. You really are innocent until proven guilty. Prospective employers cannot ordinarily inquire into your arrest, nor can it be used to undermine your testimony in court. If you have further questions about these matters, ask you lawyer about them.

   Arrest Rights

   1. Right to have a lawyer while being questioned
   2. Right to have a lawyer without cost if you cannot afford one
   3. Right to remain silent
   4. Right to be informed that anything you say may be used against you
   5. Right to be informed of charges against you
   6. Right to be considered for release pending trial
   7. Right to compensation for wrongful arrest