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Jonesboro DUI Lawyers

1. Todd, Joseph : I. Arrests A. Definition of Arrest: An arrest has been defined as an order holding a person in custody until he answers a complaint. It is important to determine at what point an arrest has taken place. An arrest is accomplished whenever the liberty of an individual to come and go has been restrained. B. Probable Cause Requirement: An arrest either with or without a warrant may be made only when the arresting officer or citizen has probable cause to believe that a crime has been committed. Probable cause has been defined as a reasonable grounds for suspicion, as supported by circumstances sufficiently strong to warn a prudent or cautious man to believe that the person to be arrested committed or was committing the offense. C. Warrant Requirement: Unless an authorization exists to justify a warrantless arrest, the police officer must first obtain an arrest warrant. D. Warrantless Arrests: Under certain circumstances, police may affect a valid arrest without first obtaining a warrant. When a warrant is obtained, however, the police must have probable cause. E. Exclusionary Rule: The exclusionary rule is the term that is used in criminal procedure, refers to the exclusion of some kind of evidence in a judicial proceeding. As it applies to an arrest, if the arrest is illegal or invalid any items such as contraband (drugs, weapons, etc.) are not admissible in any proceeding against the accused. Therefore, evidence obtained against an accused may be excluded from any trial if the evidence is acquired as a result of an invalid or illegal search and seizure. This rule is very important because if the evidence was obtained in an illegal or invalid method then the evidence could be disallowed in any trial. If that happens in most cases the State may not have sufficient evidence to proceed with the charges and they will be dropped. Bear in mind that even if certain evidence is excluded that does not prevent the State from further prosecution of the charges. But the exclusion of evidence could weaken the StateÕs case and ultimately result in an acquittal of the accused. F. Search and Seizure: A search is a quest for information. The ransacking of a house, apartment, or vehicle generally is considered a search. There is no search when an officer seizes what is in plain view or when the officer sees something generally used by or open to the public. The act of taking and removing tangible personal property is a seizure. Finally, it must be noted that the seizure of a person occurs not only in the case of an arrest, but when the person has been restrained and is not free to walk away. There are certain areas of interest that are protected by the Fourth Amendment against governmental action. The Fourth Amendment states that people shall Òbe secure in their persons, houses, papers and effects against unreasonable searches and seizures.Ó It is well recognized that the determination of whether or not probable cause exists to issue a search warrant must be made a neutral and detached magistrate. Seeing to obtain a search warrant can be initiated by any officer of this state or its political subdivisions charged with the duty of enforcing the criminal laws. The Fourth Amendment provides that Òno warrant shall issue, but upon probable cause, supported by oath or affirmation.Ó The Georgia Constitution contains the same threshold requirement. By statute, a warrant must be executed within 10 days from the time of issuance, and any warrant not executed within 10 days will be void. A warrant may be executed by any reasonable time within the 10 day. When it executed, the duplicate copy shall be left with the person from whom any articles are seized. Georgia law provides that an officer in an execution of a search warrant may reasonably detain or search any person in the place at the time to protect himself from attack or to prevent the disposal or concealment of any instrument, articles, or anything particularly described in the warrant. After the search has been completed, it is the duty of the officer to file a verified list of the items seized with the magistrate named in the warrant, or before a Court having jurisdiction. G. The Results of an Illegal Search: Material previously mentioned in the preceding section is in some reform. Please call our office if you have any specific questions whether or not the search is reasonable and whether or not there was probable cause. Generally, if a search or seizure is illegal, the articles obtained are not admissible in evidence. However, the aggrieved party must make a timely motion to suppress the evidence. The person who conducts an illegal search or seizure may be liable in damages to the aggrieved person. H. Confession: Historically, Georgia confession has been regarded as a voluntary admission of guilt of every essential element of the crime involved, without including any legal excuse or justification. In order to be admissible, the confession must be made without being induced by another by the slightest hope of benefit or the lowest fear of injury. To make a confession admissible, it must have been voluntarily made, without being induced by another by the slightest hope of benefit or the lowest fear of injury. Thus, according to the law in Georgia, there are three conditions which must exist before a pre-trial confession or admission is admissible in evidence at a criminal trial: 1. It must be made voluntarily. It must not be produced by or result from 2. the slightest hope of benefit or 3. the remotest fear of injury. From a federal constitution standpoint, the essential elements of voluntariness is not to be regarded as being limited by the words Òwithout being induced by another by the slightest hope of benefit or remotest fear of injury.Ó Voluntariness based upon the fatality of all the surrounding facts and circumstances in essential element of due process. All admissions shall be scanned with care, confessions of guilt shall be received with great caution. A confession alone, uncorroborated by any other evidence shall not justify a conviction. I. Miranda Warnings: The case of Miranda v. Arizona handed down in 1966 remains one of the most important cases in the area of confessions. In sum, it must be remembered that the Miranda warnings do not apply at all unless there are both 1 (custody) and 2 (interrogation). The suspect must have been given adequate warnings, and the suspect must have validly waived his right of silence. Miranda warnings are commonly given by reading them from card which has been prepared for this purpose. Many officers in Georgia currently use Miranda warning card which contains the following material: 1. You have the right to remain silent 2. Anything you say can and will be used against you in the Court of law 3. You have the right to talk to a lawyer and have him present with you while you are being questioned 4. If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning, if you wish 5. You can decide at any time to exercise these rights and not answer any questions or make any statements. J. Pre-Trial Identification A defendant may be identified in a number of ways, including but not limited to eye-witness identification, photographic identification, voice identification, handwriting identification, fingerprint and palm print identification, footprint identification and some other less commonly used methods of identification. A line-up is distinguished from a show-up, a one-on-one identification, by the fact that a line-up requires the witness to identify the alleged perpetrator of a crime from among the number of persons while in a show-up or a one-on-one, the witness is shown only one person and in effect asked if this is the person. As previously mentioned, a show-up occurs when a witness views a single individual for purposes of identification. This means of identification is inherently or suggestive and has been widely condemned when used by law enforcement officers. Defense counsel has the right to be present when his client in present in any kind of identification or after the initiation of the adversarial criminal proceedings. Conversely, there is no right to counsel at an identification before the initiation of the adversarial criminal proceedings. II Right to an Attorney A. Generally: A person who has been arrested needs to employ counsel as quickly as possible. If for financial reasons, he is unable to hire an attorney, it is the duty of the Court having jurisdiction of the case to appoint counsel. However, there is no right to appointment of counsel prior to the initiation of the adversarial judicial proceedings against the defendant. If you are arrested one of the most important first acts is to call us at (770) 477-7878. II Bonds A. Generally: Defense counsel will normally attempt to have his client released on bond if he is still in custody at the time counsel is employed. While the Eighth Amendment of the United States Constitution states that bail shall not be excessive, it does not expressly provide that the defendant has the right to bail. In the Georgia Constitution parallels the provisions of the federal Constitution concerning bail. Georgia laws provides that all offenses are bailable by a Court of inquiry except the following: 1. Treason 2. Murder 3. Rape 4. Aggravated Sodomy 5. Armed Robbery 6. Aircraft Hijacking 7. Aggravated Child Molestation 8. Manufacturing, Delivering, Dispencing, Administering, Selling or Possessing with intent to distribute and controlled substance classified under Schedules 1 or Schedule 2 9. Violating the Georgia code relating to trafficking cocaine or marijuana 10. Kidnapping, arson, aggravated assault, or burglary if the person, at the time the such person was charged, has recently been convicted of, was on probation or parole respective, or was on bail for kidnapping, arson, aggravated assault, burglary or one or more of the offenses in paragraphs 1-9 of the above section. Defenses named in paragraphs 1-10 above are not bailable unless the judge or Superior Court fixes the bond. B. Posting Bond as Waiver of a Committal Hearing: The Georgia Supreme Court has held that a person who is arrested and released on bond within the time provided by law is not entitled to a committal hearing. C. Motion for Bond: Various methods may be used in determining the amount of bond where there is an automatic right to post bond. The bond may be fixed by the Magistrate Court after the defendant is arrested and if a bond is not fixed prior to a preliminary committal hearing the presiding magistrate will set bond if the offenses is one of which there exists a right to bond. Once the amount of bond has been fixed, it is possible to request, orally or by written motion, that the bond be reduced if the defendant cannot post a bond in the amount set. D. Criteria for Granting of a Bond: A person charged with an offense bailable only before a judge or the Superior Court may petition the Superior Court judge and request that he be released on bond. The Superior Court is obligated to set up a hearing regarding the issue of bond. The Superior Court is authorized to release the defendant if the jurors determines that the defendant: 1. Poses no significant risk of fleeing from the jurisdiction of the Court or failing to appear in Court when required. 2. Poses no significant threat or danger to any person, or the community, or any property in the community. 3. Poses no significant risk of committing any felony pending trial. 4. Poses no significant risk of intimidating witnesses or otherwise obstructing the administration of justice. Where a defendant is entitled to a bond pending trial is only entitled, it is a matter of right to be released once on bond. Bond is forfeited, release on bond is at the discretion of the Court.
2. Kates, Latrevia: DUI cases Felonies and misdemeanors Drug cases Preliminary and bond hearings Probation and revocation hearings Juvenile cases
3. Castaneda Law Office: Being charged with a criminal act is a frightening experience. The humiliating process of the arrest and booking is just the beginning of your ordeal and it is vital that when faced with this situation that you immediately take steps to protect your rights and ensure that you preserve your defense. You should not attempt to solve the legal problem yourself, there is a reason why our founding fathers have embedded your right to an attorney in our U.S. Constitution. The variables that are involved in a criminal case are complex and must be addressed with great care and skill. The results will impact your freedom in our society.
4. Faith Lengerli: Bad things happen to good people and good people can make mistakes, that is why it is important to have good legal representation that cares about your case.
5. Keith Wood:

   When You Should Contact a Lawyer:
   

   1. If you have been arrested or detained
   2. If you are under investigation
   3. If the police have asked you any questions
   4. If you want to know if your actions will be legal
   5. If you are unsure about any of your rights
   6. If you have any questions concerning a friend or family member
6. Glaze, Glaze, Harris & Arnold: Drunk Driving/DUI

   In today's society, a vehicle is a necessity. The firm's goal is to protect your right to own and operate a vehicle. The first line of defense is to challenge the reason that you were stopped. There are bad stops! There are many things that you need to do before appearing in front of a judge.